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HomeMy WebLinkAboutContract #: 008658 - From: 12-31-2011 To: - Public Protection Specialists, LLC - Town of North AndoverTOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilli(-401-1(�V* TEL(978) 688-9516 Assistant Town Manager a * FAX (978) 688-9556 January 20, 2011 Attorney Carol McGravey Urbelis & Fieldsteel, LLP 155 Federal Street Boston, MA 02110 Dear Ms. McGravey: Enclosed please find for your review and approval three (3) original contracts, along accompanying documentation, between the Town of North Andover and Public Protection Specialists, LLC to provide food inspection services for the Health Department. Thank you in advance for your attention to this matter. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures P U S Public Protection Specialists, LLC Specializing in Public Health, Food Safety and Emergency Preparedness Planning January 3, 2011 Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 Dear Mr. Santilli: The PPS team is excited about this opportunity and we look forward to a long lasting relationship with the Town of North Andover. Enclosed please find three (3) original signed contracts for Public Protection Specialists, LLC (PPS) to provide food consulting services for the North Andover Health Department. In addition, I have enclosed the completed W-9 form. Per contract agreement the additional required insurance information is enclosed as requested and originals have been forwarded to your attention by our Insurance Agent. If you need any additional assistance please do not hesitate to contact me at (888) 390-3714 ext. 3. Thank you, Pub is Protection Specialists, LLC Kevin A. Sweet, M.S., R.S., C.H.O. President and CEO PO Box 52 Avon, MA 02322 Phone (888) 390-3714 www.publicprotectionspecialists.com Fax (508) 857-5036 TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Raymond T Santilh Assistant Town Manager Mr. Kevin A. Sweet President/CEO Public Protection Specialists, LLC 186A Route 6A Sandwich, MA 02563 Dear Mr. Sweet: NORTH OE tt�ec iy1N� O 4 9 Ss�c►+use December 16, 2010 TEL (978) 688-9516 FAX (978) 688-9556 The Town of North Andover has decided to award the contract to Public Protection Specialists, LLC to provide food consulting services for the Health Department in the Town of North Andover per the Request for Proposals issued on October 12, 2010. Enclosed please find three (3) original standard Town of North Andover contracts for appropriate review and signature. Please return the signed contract documents and all required accompanying paperwork to my attention as soon as possible. Please ensure that all insurance certificates list the Town of North Andover as an "additional insured". If you have any questions and/or concerns, please call me. Sincerely, Raymond T. Santilli Assistant Town Manager Enclosures TOWN OF NORTH ANDOVER CONTRACT DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Public Protection Specialists, LLC Address: 186A Route 6A Mailing: P.O. Box 52 Sandwich, MA 02563 Avon, MA 02322 Telephone Number: 888-390-3714 Fax Number: 508-857-5036 1. This is a Contract for the procurement of the following: Professional inspector services for the inspection of food establishments to ensure compliance with 103 CMR 590.000 of the State Sanitary Code, Article X 2. The Contract price to be paid to the Contractor by the Town of North Andover is: Fees for services provided will be in accordance with the price listing attached 3. Payment will be made as follows: Upon completion of services and receipt of invoice, net 30 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. (Rev 5-2007) Contract by and between Town of North Andover and Public Protection Specialists, LLC Page 1 I _� 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before December 31, 2011, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. This contract may be extended two (2) additional one-year renewals, solely at the discretion of the Town. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. (Rev 5-2007) Contract by and between Town of North Andover and Public Protections Specialists, LLC Page 2 Food Consulting Services Company: Public Protection Specialists Joe M Susan S Tom T Comparative Criteria A Comparative Criteria B Comparative Criteria C Comparative Criteria D Comparative Criteria E Comparative Criteria F Subtotal: Totals: 3 5 5 3 5 5 5 5 5 3 5 5 5 5 5 3 5 3 22 30 28 Score 80 Company: Patricia A Crafts Comparative Criteria A Comparative Criteria B Comparative Criteria C Comparative Criteria D Comparative Criteria E Comparative Criteria F Subtotal Totals: Joe M Susan S Tom T 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 3 1 3 28 26 28 Score 82 Summary: Public Protection Specialists Patricia A Crafts Score COMPANY: Evaluation of `Food Consulting Services' Submissions Minimum Criteria/Oualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. B. Consultant shall have a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the 1999 Federal Food Code. C. Consultant shall have conducted a minimum of 50 food establishment inspections within the past 36 months. D. Consultant shall have a minimum of five (5) years experience in the review of food establishment applications and plans, the review of HACCP plans, and the process of food -borne illness investigations. E. Consultant shall be required to use the Town's Inspection Software and Hardware. The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The Consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The Consultant will download the electronic inspections at the Health Department prior to the submission of billable activities utilizing the PDA. F. Submission of separate and sealed narrative proposal and pricing proposal. G. Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES NO r-;� S Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous l point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. Evaluation of `Food Consulting Services' Submissions Page] of 5 A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. ♦ Consultant has more than ten (10) years in the food service industry involved with public health will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) and more than five (5) years in the food service industry involved with public health will be considered Advantageous (3 points) ♦ Consultant has five years in the food service industry involved with public health will be considered Least Advantageous (1 point) ♦ Consultant has less than five years in the food service industry involved with public health does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: B. Consultant shall demonstrate experience and a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the Federal food code in their description of their experience. ♦ Consultant has worked with and demonstrated exceptional working knowledge of all the above in the description of their past work experience will be considered Highly Advantageous (5 points) ♦ Consultant has demonstrated average knowledge of all the items listed in the description of their past work experience will be considered Advantageous (3 points) ♦ Consultant has demonstrated only working knowledge of all of the items listed above will be considered Least Advantageous (1 point) ♦ Consultant has not demonstrated working knowledge of the items listed above will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B: 5 C. Consultant shall have conducted a minimum of 50 food inspections within the past 36 months ♦ Consultant has conducted over two hundred (200) food inspections within the past 36 months will be considered Highly Advantageous (5 points) ♦ Consultant has conducted less than two hundred (200) food inspections but greater than one hundred (100) food inspections within the past 36 months will be considered Advantageous (3 points) Evaluation of `Food Consulting Services' Submissions Page 2 of 5 ♦ Consultant has conducted fifty (50) or greater food inspections, but less than one hundred (100) food inspections within the past 36 months will be considered Least Advantageous (1 point) ♦ Consultant has conducted less than fifty food inspections within the past 36 months will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: S D. Consultant shall have a minimum of five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations. ♦ Consultant has more than ten (10) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) but more than five (5) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food- borne illness investigations will be considered Advantageous (3 points) ♦ Consultant has five (5) years or more of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Least Advantageous (1 point) ♦ Consultant has less than five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: 5 E. Consultant shall be required to use the Town's Inspection Software and Hardware, The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The consultant will download the electronic inspections at the Health Department prior to be submission of billable activities utilizing the PDA. (http://www.geotms.com) ♦ Consultant already has working knowledge of the GeoTMS inspectional software will be considered Highly Advantageous (5 points) ♦ Consultant has working knowledge with alternate inspectional software systems will be considered Advantageous (3 points) ♦ Consultant has no working knowledge with inspectional software will be considered Least Advantageous (1 point) Evaluation of `Food Consulting Services' Submissions Page 3 of 5 ♦ Consultant has no working knowledge with inspectional software and is not willing to work with inspectional software will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA E: f (3 F. Professional References ♦ Consultant has submitted a list of three (3 ) or more contacts for references from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Highly Advantageous (5 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only two (2) are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Advantageous (3 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only one (1) is from a contract that is similar in scope to this project with contact names and telephone numbers will be considered Least Advantageous (1 point) ♦ Consultant has submitted a list of three (3) contacts for references none of which are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA F: 1 Evaluation of `Food Consulting Services' Submissions Page 4 of 5 COMPANY: �,, 6 "e, -F� SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES 1/ NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: 5 SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: S SCORE FOR COMPARATIVE EVALUATION CRITERIA E: SCORE FOR COMPARATIVE EVALUATION CRITERIA F: TOTAL SCORE: Z �--- NAME OF EVALUATOR: DATE: _I //1-0 Evaluation of `Food Consulting Services' Submissions Page 5 of 5 COMPANY v�Ci �- 601 Evaluation of `Food Consulting Services' Submissions Minimum Criteria/Oualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. B. Consultant shall have a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the 1999 Federal Food Code. C. Consultant shall have conducted a minimum of 50 food establishment inspections within the past 36 months. D. Consultant shall have a minimum of five (5) years experience in the review of food establishment applications and plans, the review of HACCP plans, and the process of food -borne illness investigations. E. Consultant shall be required to use the Town's Inspection Software and Hardware. The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The Consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The Consultant will download the electronic inspections at the Health Department prior to the submission of billable activities utilizing the PDA. F. Submission of separate and sealed narrative proposal and pricing proposal. G. Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES i/ NO Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous l point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. Evaluation of `Food Consulting Services' Submissions Page] of 5 A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. ♦ Consultant has more than ten (10) years in the food service industry involved with public health will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) and more than five (5) years in the food service industry involved with public health will be considered Advantageous (3 points) ♦ Consultant has five years in the food service industry involved with public health will be considered Least Advantageous (1 point) ♦ Consultant has less than five years in the food service industry involved with public health does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: S B. Consultant shall demonstrate experience and a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the Federal food code in their description of their experience. ♦ Consultant has worked with and demonstrated exceptional working knowledge of all the above in the description of their past work experience will be considered Highly Advantageous (5 points) ♦ Consultant has demonstrated average knowledge of all the items listed in the description of their past work experience will be considered Advantageous (3 points) ♦ Consultant has demonstrated only working knowledge of all of the items listed above will be considered Least Advantageous (1 point) ♦ Consultant has not demonstrated working knowledge of the items listed above will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B: C. Consultant shall have conducted a minimum of 50 food inspections within the past 36 months ♦ Consultant has conducted over two hundred (200) food inspections within the past 36 months will be considered Highly Advantageous (5 points) ♦ Consultant has conducted less than two hundred (200) food inspections but greater than one hundred (100) food inspections within the past 36 months will be considered Advantageous (3 points) Evaluation of `Food Consulting Services' Submissions Page 2 of 5 ♦ Consultant has conducted fifty (50) or greater food inspections, but less than one hundred (100) food inspections within the past 36 months will be considered Least Advantageous (1 point) ♦ Consultant has conducted less than fifty food inspections within the past 36 months will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: D. Consultant shall have a minimum of five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations. ♦ Consultant has more than ten (10) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) but more than five (5) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food- borne illness investigations will be considered Advantageous (3 points) ♦ Consultant has five (5) years or more of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Least Advantageous (1 point) ♦ Consultant has less than five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: y E. Consultant shall be required to use the Town's Inspection Software and Hardware, The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The consultant will download the electronic inspections at the Health Department prior to be submission of billable activities utilizing the PDA. (http://www.geotms.com) ♦ Consultant already has working knowledge of the GeoTMS inspectional software will be considered Highly Advantageous (5 points) ♦ Consultant has working knowledge with alternate inspectional software systems will be considered Advantageous (3 points) Consultant has no working knowledge with inspectional software will be considered Least Advantageous (1 point) Evaluation of `Food Consulting Services' Submissions Page 3 of 5 Consultant has no working knowledge with inspectional software and is not willing to work with inspectional software will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA E: F. Professional References ♦ Consultant has submitted a list of three (3 ) or more contacts for references from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Highly Advantageous (5 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only two (2) are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Advantageous (3 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only one (1) is from a contract that is similar in scope to this project with contact names and telephone numbers will be considered Least Advantageous (1 point) ♦ Consultant has submitted a list of three (3) contacts for references none of which are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA F: � Evaluation of `Food Consulting Services' Submissions Page 4 of 5 r COMPANY: TI P S SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES --' NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: S SCORE FOR COMPARATIVE EVALUATION CRITERIA B: S SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: SCORE FOR COMPARATIVE EVALUATION CRITERIA F: / TOTAL SCORE: NAME OF EVALUATOR: DATE: 112.�/V Evaluation of `Food Consulting Services' Submissions Page 5 of 5 12/1/10 Ray- I have enclosed my evaluations for the food consulting services proposals. My total score on the objective criteria was the same for both but I had quite different impressions of the two submissions. After you open the price proposals, I hope the sub -committee will have a chance to discuss the proposals briefly. Thank you. Tom Trowbridge it COMPANY: C i, A C %?,A F -t Cz Evaluation of `Food Consulting Services' Submissions Minimum Criteria/Qualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. B. Consultant shall have a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the 1999 Federal Food Code. C. Consultant shall have conducted a minimum of 50 food establishment inspections within the past 36 months. D. Consultant shall have a minimum of five (5) years experience in the review of food establishment applications and plans, the review of HACCP plans, and the process of food -borne illness investigations. E. Consultant shall be required to use the Town's Inspection Software and Hardware. The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The Consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The Consultant will download the electronic inspections at the Health Department prior to the submission of billable activities utilizing the PDA. F. Submission of separate and sealed narrative proposal and pricing proposal. G. Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES —>!e NO Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous I point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. Evaluation of `Food Consulting Services' Submissions Page] of 5 A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. ♦ Consultant has more than ten (10) years in the food service industry involved with public health will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) and more than five (5) years in the food service industry involved with public health will be considered Advantageous (3 points) ♦ Consultant has five years in the food service industry involved with public health will be considered Least Advantageous (1 point) ♦ Consultant has less than five years in the food service industry involved with public health does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: B. Consultant shall demonstrate experience and a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the Federal food code in their description of their experience. ♦ Consultant has worked with and demonstrated exceptional working knowledge of all the above in the description of their past work experience will be considered Highly Advantageous (5 points) ♦ Consultant has demonstrated average knowledge of all the items listed in the description of their past work experience will be considered Advantageous (3 points) ♦ Consultant has demonstrated only working knowledge of all of the items listed above will be considered Least Advantageous (1 point) ♦ Consultant has not demonstrated working knowledge of the items listed above will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B: C. Consultant shall have conducted a minimum of 50 food inspections within the past 36 months ♦ Consultant has conducted over two hundred (200) food inspections within the past 36 months will be considered Highly Advantageous (5 points) Consultant has conducted less than two hundred (200) food inspections but greater than one hundred (100) food inspections within the past 36 months will be considered Advantageous (3 points) Evaluation of `Food Consulting Services' Submissions Page 2 of 5 ♦ Consultant has conducted fifty (50) or greater food inspections, but less than one hundred (100) food inspections within the past 36 months will be considered Least Advantageous (l point) Consultant has conducted less than fifty food inspections within the past 36 months will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: D. Consultant shall have a minimum of five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations. ♦ Consultant has more than ten (10) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) but more than five (5) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food- borne illness investigations will be considered Advantageous (3 points) ♦ Consultant has five (5) years or more of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Least Advantageous (1 point) ♦ Consultant has less than five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: E. Consultant shall be required to use the Town's Inspection Software and Hardware, The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The consultant will download the electronic inspections at the Health Department prior to be submission of billable activities utilizing the PDA. (http://www.geotms.com) ♦ Consultant already has working knowledge of the GeoTMS inspectional software will be considered Highly Advantageous (5 points) ♦ Consultant has working knowledge with alternate inspectional software systems will be considered Advantageous (3 points) ♦ Consultant has no working knowledge with inspectional software will be considered Least Advantageous (1 point) Evaluation of `Food Consulting Services' Submissions Page 3 of 5 ♦ Consultant has no working knowledge with inspectional software and is not willing to work with inspectional software will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA E: 7 F. Professional References ♦ Consultant has submitted a list of three (3 ) or more contacts for references from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Highly Advantageous (5 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only two (2) are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Advantageous (3 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only one (1) is from a contract that is similar in scope to this project with contact names and telephone numbers will be considered Least Advantageous (l point) ♦ Consultant has submitted a list of three (3) contacts for references none of which are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA F: 3 Evaluation of `Food Consulting Services' Submissions Page 4 of 5 COMPANY: 0/4"-,(K ( C 1,4 C,40 F775 SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES x SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: �J / SCORE FOR COMPARATIVE EVALUATION CRITERIA E: SCORE FOR COMPARATIVE EVALUATION CRITERIA F: / TOTAL SCORE: ;e NAME OF EVALUATOR: ---7;�G6,) � 2 / DATE: Ij I /d Evaluation of `Food Consulting Services' Submissions NO Page 5 of 5 COMPANY: /,U/3 ('l C %QR d I v cf Q C (,4r,!5-5 Evaluation of `Food Consulting Services' Submissions Minimum Criteria/Qualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. B. Consultant shall have a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the 1999 Federal Food Code. C. Consultant shall have conducted a minimum of 50 food establishment inspections within the past 36 months. D. Consultant shall have a minimum of five (5) years experience in the review of food establishment applications and plans, the review of HACCP plans, and the process of food -borne illness investigations. E. Consultant shall be required to use the Town's Inspection Software and Hardware. The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The Consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The Consultant will download the electronic inspections at the Health Department prior to the submission of billable activities utilizing the PDA. F. Submission of separate and sealed narrative proposal and pricing proposal. G. Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES x NO Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous l point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. Evaluation of `Food Consulting Services' Submissions Page] of 5 A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. ♦ Consultant has more than ten (10) years in the food service industry involved with public health will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) and more than five (5) years in the food service industry involved with public health will be considered Advantageous (3 points) ♦ Consultant has five years in the food service industry involved with public health will be considered Least Advantageous (I point) ♦ Consultant has less than five years in the food service industry involved with public health does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: _ B. Consultant shall demonstrate experience and a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the Federal food code in their description of their experience. ♦ Consultant has worked with and demonstrated exceptional working knowledge of all the above in the description of their past work experience will be considered Highly Advantageous (5 points) ♦ Consultant has demonstrated average knowledge of all the items listed in the description of their past work experience will be considered Advantageous (3 points) ♦ Consultant has demonstrated only working knowledge of all of the items listed above will be considered Least Advantageous (1 point) ♦ Consultant has not demonstrated working knowledge of the items listed above will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B- C. Consultant shall have conducted a minimum of 50 food inspections within the past 36 months ♦ Consultant has conducted over two hundred (200) food inspections within the past 36 months will be considered Highly Advantageous (5 points) Consultant has conducted less than two hundred (200) food inspections but greater than one hundred (100) food inspections within the past 36 months will be considered Advantageous (3 points) Evaluation of `Food Consulting Services' Submissions Page 2 of 5 Consultant has conducted fifty (50) or greater food inspections, but less than one hundred (100) food inspections within the past 36 months will be considered Least Advantageous (1 point) ♦ Consultant has conducted less than fifty food inspections within the past 36 months will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: D. Consultant shall have a minimum of five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations. ♦ Consultant has more than ten (10) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) but more than five (5) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food- borne illness investigations will be considered Advantageous (3 points) ♦ Consultant has five (5) years or more of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Least Advantageous (1 point) ♦ Consultant has less than five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: E. Consultant shall be required to use the Town's Inspection Software and Hardware, The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The consultant will download the electronic inspections at the Health Department prior to be submission of billable activities utilizing the PDA. (http://www.geotms.com) ♦ Consultant already has working knowledge of the GeoTMS inspectional software will be considered Highly Advantageous (5 points) ♦ Consultant has working knowledge with alternate inspectional software systems will be considered Advantageous (3 points) ♦ Consultant has no working knowledge with inspectional software will be considered Least Advantageous (1 point) Evaluation of `Food Consulting Services' Submissions Page 3 of 5 ♦ Consultant has no working knowledge with inspectional software and is not willing to work with inspectional software will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA E: F. Professional References ♦ Consultant has submitted a list of three (3 ) or more contacts for references from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Highly Advantageous (5 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only two (2) are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Advantageous (3 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only one (1) is from a contract that is similar in scope to this project with contact names and telephone numbers will be considered Least Advantageous (1 point) ♦ Consultant has submitted a list of three (3) contacts for references none of which are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA F:_ Evaluation of `Food Consulting Services' Submissions Page 4 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES >< NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: `✓ SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: e✓ r SCORE FOR COMPARATIVE EVALUATION CRITERIA F: 17 TOTAL SCORE:Ix NAME OF EVALUATOR: ���G✓ %%� 1 1)6z DATE: LZ ( 1,0 Evaluation of `Food Consulting Services' Submissions Page 5 of 5 COMPANY: �� ✓ i G % /� �i �ff Evaluation of `Food Consulting Services' Submissions Minimum Criteria/Oualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. B. Consultant shall have a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the 1999 Federal Food Code. C. Consultant shall have conducted a minimum of 50 food establishment inspections within the past 36 months. D. Consultant shall have a minimum of five (5) years experience in the review of food establishment applications and plans, the review of HACCP plans, and the process of food -borne illness investigations. E. Consultant shall be required to use the Town's Inspection Software and Hardware. The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The Consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The Consultant will download the electronic inspections at the Health Department prior to the submission of billable activities utilizing the PDA. F. Submission of separate and sealed narrative proposal and pricing proposal. G. Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES 11'_' NO Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous 1 point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. Evaluation of `Food Consulting Services' Submissions Pagel of 5 A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. ♦ Consultant has more than ten (10) years in the food service industry involved with public health will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) and more than five (5) years in the food service industry involved with public health will be considered Advantageous (3 points) ♦ Consultant has five years in the food service industry involved with public health will be considered Least Advantageous (1 point) ♦ Consultant has less than five years in the food service industry involved with public health does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: Ir B. Consultant shall demonstrate experience and a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the Federal food code in their description of their experience. ♦ Consultant has worked with and demonstrated exceptional working knowledge of all the above in the description of their past work experience will be considered Highly Advantageous (5 points) ♦ Consultant has demonstrated average knowledge of all the items listed in the description of their past work experience will be considered Advantageous (3 points) ♦ Consultant has demonstrated only working knowledge of all of the items listed above will be considered Least Advantageous (l point) ♦ Consultant has not demonstrated working knowledge of the items listed above will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B: S C. Consultant shall have conducted a minimum of 50 food inspections within the past 36 months ♦ Consultant has conducted over two hundred (200) food inspections within the past 36 months will be considered Highly Advantageous (5 points) ♦ Consultant has conducted less than two hundred (200) food inspections but greater than one hundred (100) food inspections within the past 36 months will be considered Advantageous (3 points) Evaluation of `Food Consulting Services' Submissions Page 2 of 5 Consultant has conducted fifty (50) or greater food inspections, but less than one hundred (100) food inspections within the past 36'months will be considered Least Advantageous (1 point) ♦ Consultant has conducted less than fifty food inspections within the past 36 months will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: —S D. Consultant shall have a minimum of five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations. ♦ Consultant has more than ten (10) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (l 0) but more than five (5) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food- borne illness investigations will be considered Advantageous (3 points) ♦ Consultant has five (5) years or more of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Least Advantageous (1 point) ♦ Consultant has less than five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: E. Consultant shall be required to use the Town's Inspection Software and Hardware, The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The consultant will download the electronic inspections at the Health Department prior to be submission of billable activities utilizing the PDA. (http://www.geotms.com) ♦ Consultant already has working knowledge of the GeoTMS inspectional software will be considered Highly Advantageous (5 points) ♦ Consultant has working knowledge with alternate inspectional software systems will be considered Advantageous (3 points) Consultant has no working knowledge with inspectional software will be considered Least Advantageous (1 point) Evaluation of `Food Consulting Services' Submissions Page 3 of 5 ♦ Consultant has no working knowledge with inspectional software and is not willing to work with inspectional software will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA E: F. Professional References ♦ Consultant has submitted a list of three (3 ) or more contacts for references from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Highly Advantageous (5 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only two (2) are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Advantageous (3 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only one (1) is from a contract that is similar in scope to this project with contact names and telephone numbers will be considered Least Advantageous (1 point) ♦ Consultant has submitted a list of three (3) contacts for references none of which are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA F: Evaluation of `Food Consulting Services' Submissions Page 4 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES v NO SCORE FOR COMPARATIVR F.v e r TTA -r"-)N CRITERIA A: SC _N CRITERIA B: SC -4 V CRITERIA C: \S— SC' 1 CRITERIA D: S� CRITERIA E: SC CRITERIA F: 3 TOTAL SCORE: 2-' NAME OF EVALUATOR: DATE: i / �� 7 /j 2 Evaluation of `Food Consulting Services' Submissions Page 5 of 5 COMPANY: ✓ y �� c ��o �Ll� f �`ov� V ,p c' c� ��, v �./' L L �' Evaluation of `Food Consulting Services' Submissions Minimum Criteria/Qualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. B. Consultant shall have a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the 1999 Federal Food Code. C. Consultant shall have conducted a minimum of 50 food establishment inspections within the past 36 months. D. Consultant shall have a minimum of five (5) years experience in the review of food establishment applications and plans, the review of HACCP plans, and the process of food -borne illness investigations. /�/v 7�c /' /°.r �„ u „ Y ,;� h 2.rro e,'�J�r (v ) �a,r re�u�rto/ exper;evee E. Consultant shall be required to use the Town's Inspection Software and Hardware. The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The Consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The Consultant will download the electronic inspections at the Health Department prior to the submission of billable activities utilizing the PDA. F. Submission of separate and sealed narrative proposal and pricing proposal. G. Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES V'- NO Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous 1 point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. Evaluation of `Food Consulting Services' Submissions Page 1 of 5 of /%,/X--r 2f ove✓ /o y ex�r�<ticc lv! �/:f :,r po f eiin rrr►t� ,'y �er o !� / � ^ J�Jt q hn tH �f• A. Consultant shall have a minimum five (5) years in the foo tnvo ve with food safety or in public health. 1 1. / �4 ��iL✓ rhd✓L �C'� Y'G�NN.! l�lh T O h' �� / k V /7! !7 �J r yr. o� GX/p LoriLohC! , n bJ ,,cc faid� .iii✓!moi tI ♦ Cor�sultant has more than ten (l0yeals in the food sece industry involt{ed wfth public health will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) and more than five (5) years in the food service industry involved with public health will be considered Advantageous (3 points) ♦ Consultant has five years in the food service industry involved with public health will be considered Least Advantageous (1 point) ♦ Consultant has less than five years in the food service industry involved with public health does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: -3 B. Consultant shall demonstrate experience and a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the Federal food code in their description of their experience. ♦ Consultant has worked with and demonstrated exceptional working knowledge of all the above in the description of their past work experience will be considered Highly Advantageous (5 points) ♦ Consultant has demonstrated average knowledge of all the items listed in the description of their past work experience will be considered Advantageous (3 points) ♦ Consultant has demonstrated only working knowledge of all of the items listed above will be considered Least Advantageous (1 point) ♦ Consultant has not demonstrated working knowledge of the items listed above will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B: �-3 C. Consultant shall have conducted a minimum of 50 food inspections within the past 36 months Consultant has conducted over two hundred (200) food inspections within the past 36 months will be considered Highly Advantageous (5 points) ♦ Consultant has conducted less than two hundred (200) food inspections but greater than one hundred (100) food inspections within the past 36 months will be considered Advantageous (3 points) Evaluation of `Food Consulting Services' Submissions Page 2 of 5 ♦ Consultant has conducted fifty (50) or greater food inspections, but less than one hundred (100) food inspections within the past 36 months will be considered Least Advantageous (1 point) ♦ Consultant has conducted less than fifty food inspections within the past 36 months will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: �S D. Consultant shall have a minimum of five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations. ♦ Consultant has more than ten (10) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) but more than five (5) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food- borne illness investigations will be considered Advantageous (3 points) ♦ Consultant has five (5) years or more of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Least Advantageous (1 point) ♦ Consultant has less than five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: J E. Consultant shall be required to use the Town's Inspection Software and Hardware, The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The consultant will download the electronic inspections at the Health Department prior to be submission of billable activities utilizing the PDA. (http://www.geotms.com) ♦ Consultant already has working knowledge of the GeoTMS inspectional software will be considered Highly Advantageous (5 points) Consultant has working knowledge with alternate inspectional software systems will be considered Advantageous (3 points) ♦ Consultant has no working knowledge with inspectional software will be considered Least Advantageous (1 point) Evaluation of `Food Consulting Services' Submissions Page 3 of 5 ♦ Consultant has no working knowledge with inspectional software and is not willing to work with inspectional software will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA E: S F. Professional References ♦ Consultant has submitted a list of three (3 ) or more contacts for references from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Highly Advantageous (5 points) consultant has submitted a list of three (3) contacts for references of which only two (2) are rom contracts that are similar in scope to this project with contact names and telephone numbers will be considered Advantageous (3 points) f -/Ow b f- ♦ Consultant has submitted a list of three (3) contacts for references of which onIT one (1) is from a contract that is similar in scope to this project with contact names and telephone numbers will be considered Least Advantageous (l point) ♦ Consultant has submitted a list of three (3) contacts for references none of which are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA F: -113 Evaluation of `Food Consulting Services' Submissions Page 4 of 5 COMPANY: Gil"Z / yo f c� / ,,V,7 � e� �/I", 1 SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES Z NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: J SCORE FOR COMPARATIVE EVALUATION CRITERIA B: 3 SCORE FOR COMPARATIVE EVALUATION CRITERIA C: S SCORE FOR COMPARATIVE EVALUATION CRITERIA D: �3 SCORE FOR COMPARATIVE EVALUATION CRITERIA E: —s -- SCORE FOR COMPARATIVE EVALUATION CRITERIA F: J TOTAL SCORE: z), NAME OF EVALUATOR: �! DATE: Evaluation of `Food Consulting Services' Submissions Page 5 of 5 COMPANY: Evaluation of `Food Consulting Services' Submissions Minimum Criteria/Qualifications Each applicant must demonstrate that it meets the following minimum qualifications: A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. B. Consultant shall have a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the 1999 Federal Food Code. C. Consultant shall have conducted a minimum of 50 food establishment inspections within the past 36 months. D. Consultant shall have a minimum of five (5) years experience in the review of food establishment applications and plans, the review of HACCP plans, and the process of food -borne illness investigations. E. Consultant shall be required to use the Town's Inspection Software and Hardware. The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The Consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The Consultant will download the electronic inspections at the Health Department prior to the submission of billable activities utilizing the PDA. F. Submission of separate and sealed narrative proposal and pricing proposal. G. Submission of required statements and forms. ALL MINIMUM CRITERIA/QUALITIFCATIONS MET: YES NO Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Response excels on the specific criterion Advantageous 3 points Response meets evaluation standard for the criterion Least Advantageous I point Response does not fully meet the criterion or leaves a question or issue not fully addressed Does Not Meet 0 points * Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. Evaluation of `Food Consulting Services' Submissions Page] of 5 A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. ♦ Consultant has more than ten (10) years in the food service industry involved with public health will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) and more than five (5) years in the food service industry involved with public health will be considered Advantageous (3 points) ♦ Consultant has five years in the food service industry involved with public health will be considered Least Advantageous (1 point) ♦ Consultant has less than five years in the food service industry involved with public health does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA A: B. Consultant shall demonstrate experience and a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the Federal food code in their description of their experience. ♦ Consultant has worked with and demonstrated exceptional working knowledge of all the above in the description of their past work experience will be considered Highly Advantageous (5 points) ♦ Consultant has demonstrated average knowledge of all the items listed in the description of their past work experience will be considered Advantageous (3 points) ♦ Consultant has demonstrated only working knowledge of all of the items listed above will be considered Least Advantageous (1 point) ♦ Consultant has not demonstrated working knowledge of the items listed above will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA B: C. Consultant shall have conducted a minimum of 50 food inspections within the past 36 months ♦ Consultant has conducted over two hundred (200) food inspections within the past 36 months will be considered Highly Advantageous (5 points) ♦ Consultant has conducted less than two hundred (200) food inspections but greater than one hundred (100) food inspections within the past 36 months will be considered Advantageous (3 points) Evaluation of `Food Consulting Services' Submissions Page 2 of 5 ♦ Consultant has conducted fifty (50) or greater food inspections, but less than one hundred (100) food inspections within the past 36 months will be considered Least Advantageous (1 point) ♦ Consultant has conducted less than fifty food inspections within the past 36 months will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA C: D. Consultant shall have a minimum of five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations. ♦ Consultant has more than ten (10) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) but more than five (5) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food- borne illness investigations will be considered Advantageous (3 points) ♦ Consultant has five (5) years or more of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Least Advantageous (1 point) ♦ Consultant has less than five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA D: E. Consultant shall be required to use the Town's Inspection Software and Hardware, The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The consultant will download the electronic inspections at the Health Department prior to be submission of billable activities utilizing the PDA. (http://www.geotms.com) ♦ Consultant already has working knowledge of the GeoTMS inspectional software will be considered Highly Advantageous (5 points) ♦ Consultant has working knowledge with alternate inspectional software systems will be considered Advantageous (3 points) ♦ Consultant has no working knowledge with inspectional software will be considered Least Advantageous (1 point) Evaluation of `Food Consulting Services' Submissions Page 3 of 5 ♦ Consultant has no working knowledge with inspectional software and is not willing to work with inspectional software will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA E: F. Professional References ♦ Consultant has submitted a list of three (3 ) or more contacts for references from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Highly Advantageous (5 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only two (2) are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Advantageous (3 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only one (1) is from a contract that is similar in scope to this project with contact names and telephone numbers will be considered Least Advantageous (1 point) ♦ Consultant has submitted a list of three (3) contacts for references none of which are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) SCORE FOR COMPARATIVE EVALUATION CRITERIA F: Evaluation of `Food Consulting Services' Submissions Page 4 of 5 COMPANY: SUMMARY ALL MINIMUM CRITERIA/QUALIFICATIONS MET: YES NO SCORE FOR COMPARATIVE EVALUATION CRITERIA A: SCORE FOR COMPARATIVE EVALUATION CRITERIA B: SCORE FOR COMPARATIVE EVALUATION CRITERIA C: SCORE FOR COMPARATIVE EVALUATION CRITERIA D: SCORE FOR COMPARATIVE EVALUATION CRITERIA E: SCORE FOR COMPARATIVE EVALUATION CRITERIA F: TOTAL SCORE: NAME OF EVALUATOR: DATE: Evaluation of `Food Consulting Services' Submissions Page 5 of 5 Legal Ad for Eagle -Tribune The Town of North Andover is soliciting Request for Proposals (RFP) for professional inspector services for the inspection of food establishments to ensure compliance with 103 CMR 590.000 of the State Sanitary Code, Article X. The Town is seeking to award a one-year contract with two (2) additional one-year renewals, solely at the discretion of the Town. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. The complete RFP is available on the Town website (www.townofnorthandover.com) under "Available Bids, Quotes and Proposals". The Town will only accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on November 8, 2010 to be considered. The Town of North Andover may cancel this RFP or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. TOWN OF NORTH ANDOVER REQUEST FOR PROPOSALS FOOD CONSULTING SERVICES - HEALTH DEPARTMENT Contact Address Telephone Number: Fax Number: Email October 12, 2010 Ray Santilli Assistant Town Manager 120 Main Street North Andover, MA 01845 978-688-9516 978-688-9556 rsantilli@townofnorthandover.com Table of Contents 1. Introduction............................................................ 3 2. Pre -Proposal Conference/Briefing .................................. 3 3. Submission Deadline and Instructions ............................. 3 4. Questions or Addendum........................................................ 4 5. Modifications to Proposal ............................................ 5 6. Scope of Work.........................................................5 7. Submission Requirements ............................................ 6 8. Minimum Criteria/Qualifications................................... 6 9. Comparative Evaluation Criteria .................................... 7 10. Method for Award ................................................... 9 11. Term of Contract ................................................... 10 Standard Town of North Andover Contract With Supplement«S"........................................... 11 Certifications............................................................. 23 Appendix A — Price Proposal ........................................... 25 Town of North Andover RFP Page 2 of 25 Food Consulting Services — Health Department 1. Introduction The Town of North Andover (`Town') is soliciting Request for Proposals (RFP) for professional inspector services for the inspection of food establishments to ensure compliance with 103 CMR 590.000 of the State Sanitary Code, Article X. Qualified vendors are requested to submit their proposals to the Assistant Town Manager at the Town Hall, 120 Main Street, North Andover, MA, in accordance with the instructions contained within this RFP. The Town of North Andover is seeking to award a one-year contract with two (2) additional one- year renewals, solely at the discretion of the Town. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. Notice of this RFP is published in the Goods and Services Bulletin (which is a weekly publication of the Office of the Secretary of State), the Eagle -Tribune (a newspaper of general circulation) and posted on the Town website (www.townofnorthandover.com) under "Available Bids, Quotes and Proposals" The Town will accept proposals delivered in person or by mail. All proposals must be received by 2:00 p.m. on Monday, November 8, 2010 to be considered. Proposals submitted by fax or by electronic mail will not be considered. All proposals must be submitted to: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 The Town of North Andover may cancel this RFP or reject in whole or in part any and all proposals, if they determine that cancellation or rejection serves the best interest of the Town of North Andover. 2. Pre -Proposal Conference/Briefing There will be no pre -proposal submission conference/briefing for this project 3. Submission Deadline and Instructions Qualified persons or firms are requested to submit proposals in a sealed envelope marked "Food Consulting Services" with the applicant's name and address on the front. Applicants should provide one (1) signed original proposal and four (4) copies. Fax or electronic submissions will not be accepted. A complete and all-encompassing pricing proposal sheet (Appendix A) is to be submitted in a separate sealed envelope marked "Pricing Proposal". Applicants must also execute and include in the sealed submission the Certificate of Non - Collusion and the Certificate of Tax Compliance. The Town of North Andover, through the Town of North Andover RFP Page 3 of 25 Food Consulting Services — Health Department Town Manager, is the awarding authority and reserves the right to reject any and all proposals or parts of proposals; to waive any defects, information, and minor irregularities; to accept exceptions to these specifications; and to award contracts or to cancel this Request for Proposals if it is in the Town of North Andover's best interest to do so. Proposals must be signed as follows: a) if the bidder is an individual, by her/him personally; b) if the bidder is a partnership, by the name of the partnership, followed by the signature of each general partner; and c) if the bidder is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. All sealed proposals must be received and registered by the Assistant Town Manager's office by Monday, November 8, 2010 at 2:00 p.m. All outer envelopes must be labeled "Food Consulting Services" and mailed or hand delivered to the following address: Mr. Ray Santilli, Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 No proposals will be accepted after the time and date noted. Late delivery of materials due to any type of delivery system shall be cause for rejection. If on the date and time of the submittal deadline the Town Hall is closed due to an uncontrolled event such as fire, snow, ice, wind or building evacuation, the submittal deadline will be postponed until 2:00 p.m. on the next normal business day. All bidders must submit a list of a minimum of three references, with contact information, where they are performing or have, in the last three years, performed similar services. 4. Questions or Addendum Questions concerning this RFP must be submitted in writing to: Ray Santilli, Assistant Town Manager, North Andover Town Hall, 120 Main Street, North Andover, MA 01845, or they may be emailed to Mr. Santilli at rsantilli@townofnorthandover.com. All questions/inquiries must be received by close of business on Thursday, October 28, 2010 to be considered. Questions/inquiries may be delivered, mailed, emailed or faxed. Written responses will be posted on the Town's website (www.townofnorthandover.com) in "Available Bids, Quotes and Proposals" by close of business on Monday, November 1, 2010. If any changes are made to this RFP, an addendum will be posted on the Town's website in "Available Bids, Quotes and Proposals". It is the sole responsibility of the bidder to ascertain the existence of any addenda and/or modifications issued by the Town. As this RFP has been published on the Town's website (www.townofnorthandover.com) all bidders are responsible for checking the website for any addenda and/or modifications that are subsequently made to this RFP. Town of North Andover RFP Page 4 of 25 Food Consulting Services — Health Department The Town accepts no liability for and will provide no accommodations to bidders who fail to check for amendments and/or modifications to this RFP and subsequently submit inadequate or incorrect responses. Bidders may not alter (manually or electronically) the RFP language or any RFP component files. Modifications to the body of the RFP, Scope of Work, terms and conditions, or which change the intent of this RFP are prohibited and may disqualify a response. All proposals submitted in response to this RFP shall remain firm for sixty (60) days following the submittal deadline. It is anticipated that the contract will be awarded within thirty (30) days after the submittal deadline. Bidders are not to communicate directly with any employee of the Town of North Andover, except as specified in this RFP, and no other individual employee or representative is authorized to provide any information or respond to any question or inquiry concerning this RFP. Bidders may contact the Contact Person for this RFP in the event this RFP is incomplete or the bidder is having trouble obtaining any part of the RFP electronically through the Town website (www.townofnorthandover.com), including, and without limitation the form and attachments. Bidder with disabilities or hardships that seek reasonable accommodations, which may include the receipt of RFP information and/or addenda and/or modifications in an alternative format, must communicate such requests in writing to the contact person, and reasonable accommodation will be made by agreement with the contact person on behalf of the Town of North Andover. 5. Modifications to Proposal A vendor may correct, modify, or withdraw a proposal by written notice received by the Town prior to the time and date set for the proposal opening. Proposal modifications must be submitted in a sealed envelope clearly labeled "Modification No. ." Each modification must be numbered in sequence, and must reference the original RFP. 6. Scope of Work The successful consultant shall be responsible for a variety of tasks designated as a part of the North Andover Health Department's Food Protection Program. The consultant shall conduct onsite inspections for compliance with current food regulations for approximately 130 food establishments made up of high-risk, large-scale, medium and small food establishments. There shall be two major inspections per establishment per year. Follow-up inspections may be necessary, as may occasional food -borne illness complaint investigations. The consultant may also be requested to participate in plan reviews for new food establishments or for Hazard Analysis Critical Control Point (HACCP) plan reviews. The consultant shall also be available for occasional evening Board of Health meetings and will provide additional assistance to the Health Department staff as requested during regular business hours. The consultant shall be expected to use inspections as an educational tool for food establishment personnel in order to bring about compliance with regulations. Town of North Andover RFP Page 5 of 25 Food Consulting Services — Health Department 7. Submission Requirements A. The consultant is to provide a narrative of no more than two pages describing their business. The narrative is to include relevant and similar experience in providing food consultant services in communities similar to North Andover and/or similar experiences providing other business entities' food safety consulting services. B. The consultant must submit name(s) of Principal(s) and other staff along with copies of resumes, certifications as a food protection manager or food safety professional in a DPH recognized food program, and/or registration as a sanitarian or certified health officer with training in food safety recognized by Massachusetts DPS preferred. C. Consultant shall submit a complete list of all contracts performed in the past five (5) years that are similar in scope to this project with contact names and telephone numbers including an outline of the services rendered to each client. D. Consultant shall submit a minimum of three (3) references with contact telephone numbers. E. Consultant shall submit two (2) examples of written reports or inspection forms for review 8. Minimum Criteria/Qualifications A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. B. Consultant shall have a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the 1999 Federal Food Code. C. Consultant shall have conducted a minimum of 50 food establishment inspections within the past 36 months. D. Consultant shall have a minimum of five (5) years experience in the review of food establishment applications and plans, the review of HACCP plans, and the process of food -borne illness investigations. E. Consultant shall be required to use the Town's Inspection Software and Hardware. The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The Consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The Consultant will download the electronic inspections at the Health Department prior to the submission of billable activities utilizing the PDA. (http://www.geotms.com) Town of North Andover RFP Page 6 of 25 Food Consulting Services — Health Department F. Submission of separate and sealed narrative proposal and pricing proposal. G. Submission of required statements and forms. 9. Comparative Evaluation Criteria All proposals meeting the minimum criteria/qualifications will then be evaluated based upon the specific comparative evaluation criteria. The following point schedule will be utilized: Highly advantageous 5 points Advantageous 3 points Least Advantageous 1 point Does Not Meet 0 points * Response excels on the specific criterion Response meets evaluation standard for the criterion Response does not fully meet the criterion or leaves a question or issue not fully addressed Does not address the criterion * Proposal is automatically eliminated from further consideration if "0 points" is received in any category. A. Consultant shall have a minimum five (5) years in the food service industry involved with food safety or in public health. ♦ Consultant has more than ten (10) years in the food service industry involved with public health will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) and more than five (5) years in the food service industry involved with public health will be considered Advantageous (3 points) ♦ Consultant has five years in the food service industry involved with public health will be considered Least Advantageous (1 point) ♦ Consultant has less than five years in the food service industry involved with public health does Not Meet minimum requirements (0 points and elimination from further consideration) B. Consultant shall demonstrate experience and a thorough working knowledge of food borne disease prevention, HACCP principles, and of 105 CMR 590.000 and the Federal food code in their description of their experience. ♦ Consultant has worked with and demonstrated exceptional working knowledge of all the above in the description of their past work experience will be considered Highly Advantageous (5 points) ♦ Consultant has demonstrated average knowledge of all the items listed in the description of their past work experience will be considered Advantageous (3 points) Town of North Andover RFP Page 7 of 25 Food Consulting Services — Health Department ♦ Consultant has demonstrated only working knowledge of all of the items listed above will be considered Least Advantageous (1 point) ♦ Consultant has not demonstrated working knowledge of the items listed above will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) C. Consultant shall have conducted a minimum of 50 food inspections within the past 36 months ♦ Consultant has conducted over two hundred (200) food inspections within the past 36 months will be considered Highly Advantageous (5 points) ♦ Consultant has conducted less than two hundred (200) food inspections but greater than one hundred (100) food inspections within the past 36 months will be considered Advantageous (3 points) ♦ Consultant has conducted fifty (50) or greater food inspections, but less than one hundred (100) food inspections within the past 36 months will be considered Least Advantageous (1 point) ♦ Consultant has conducted less than fifty food inspections within the past 36 months will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) D. Consultant shall have a minimum of five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food- borne illness investigations. ♦ Consultant has more than ten (10) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Highly Advantageous (5 points) ♦ Consultant has less than ten (10) but more than five (5) years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Advantageous (3 points) ♦ Consultant has five (5) years or more of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered Least Advantageous (1 point) ♦ Consultant has less than five years of experience in the review of food establishment application and plans, the review of HACCP plans and the process of food -borne illness investigations will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) Town of North Andover RFP Page 8 of 25 Food Consulting Services — Health Department E. Consultant shall be required to use the Town's Inspection Software and Hardware, The Town of North Andover has invested in the GeoTMS inspectional software and hardware. The consultant must be willing to purchase the appropriate hand held PDA's and be trained in the use of a PDA containing the GeoTMS software within 30 days of final contract award and begin using the PDA inspection system within 60 days. The software will remain the property of the Town of North Andover. The consultant will download the electronic inspections at the Health Department prior to be submission of billable activities utilizing the PDA. (http://www.geotms.com) ♦ Consultant already has working knowledge of the GeoTMS inspectional software will be considered Highly Advantageous (5 points) ♦ Consultant has working knowledge with alternate inspectional software systems will be considered Advantageous (3 points) ♦ Consultant has no working knowledge with inspectional software will be considered Least Advantageous (1 point) ♦ Consultant has no working knowledge with inspectional software and is not willing to work with inspectional software will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) F. Professional References ♦ Consultant has submitted a list of three (3 ) or more contacts for references from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Highly Advantageous (5 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only two (2) are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered Advantageous (3 points) ♦ Consultant has submitted a list of three (3) contacts for references of which only one (1) is from a contract that is similar in scope to this project with contact names and telephone numbers will be considered Least Advantageous (1 point) ♦ Consultant has submitted a list of three (3) contacts for references none of which are from contracts that are similar in scope to this project with contact names and telephone numbers will be considered as Does Not Meet minimum requirements (0 points and elimination from further consideration) 10. Method for Award The contract will be awarded to the responsible and responsive vendor submitting the most advantageous proposal taking into consideration all evaluation criteria as well as price. Prior to Town of North Andover RFP Page 9 of 25 Food Consulting Services — Health Department award, the highest scoring consultant will be invited to attend an interview with representatives of the Health Department and Board of Health to ensure a complete understanding of the process and expectations. 11. Term of Contract The Town of North Andover is seeking to award a one-year contract with two (2) additional one- year renewals, solely at the discretion of the Town. The Town will provide written confirmation of renewal at least sixty (60) days prior to the end of the contract period. Successful vendor will be required to execute the standard Town of North Andover Contract and any relevant supplement (as attached). Town of North Andover RFP Page 10 of 25 Food Consulting Services — Health Department Town of North Andover CONTRACT DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: _ Fax Number: 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: 3. Payment will be made as follows: 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. Town of North Andover RFP Page 11 of 25 Food Consulting Services — Health Department 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before , unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. Town of North Andover RFP Page 12 of 25 Food Consulting Services — Health Department 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall Town of North Andover RFP Page 13 of 25 Food Consulting Services — Health Department have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall Town of North Andover RFP Page 14 of 25 Food Consulting Services — Health Department protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it or its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town: This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other Town of North Andover RFP Page 15 of 25 Food Consulting Services — Health Department instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. Town of North Andover RFP Page 16 of 25 Food Consulting Services — Health Department The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkegping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. Town of North Andover RFP Page 17 of 25 Food Consulting Services — Health Department 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Town of North Andover RFP Page 18 of 25 Food Consulting Services — Health Department 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ X ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover RFP Page 19 of 25 Food Consulting Services — Health Department IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN Division/Department Head Contract Manager Town Manager Date APPROVED AS TO FORM: Town Counsel THE CONTRACTOR Company Name Signature Print Name & Title Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover RFP Food Consulting Services — Health Department Date Date Page 20 of 25 SUPPLEMENT "S" This form supplements the general provisions of the Contract between the Town of North Andover, and , which Contract is a contract for the procurement of services. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13. Minimum Wage/Prevailing Wage; The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate Town of North Andover RFP Page 21 of 25 Food Consulting Services — Health Department coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS To FORM ONLY: TOWN OF NORTH ANDOVER Town Counsel Town Manager I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No Department/Division Head Town Accountant THE CONTRACTOR: Date: Town of North Andover RFP Page 22 of 25 Food Consulting Services — Health Department CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature Date Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I , authorized signatory for Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. Signature Town of North Andover RFP Food Consulting Services — Health Department Date Page 23 of 25 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Town of North Andover RFP Page 24 of 25 Food Consulting Services — Health Department APPENDIX A - PRICE PROPOSAL Task Food establishment — supermarket inspection Food establishment — restaurant with multi -food service areas (bar, buffet, sushi) large retail and like -sized business inspection Food establishment — restaurant w/kitchen only Food establishment — small retail, gas station, daycare and similar sized establishment inspection Food establishment — re -inspection or follow-up inspection on all establishments HACCP Plan Review Special Consulting to BOH Food establishment complaint investigation Plan review and report Written annual status report Business Name Business Address Business Phone Fax Name of Person Authorized to sign Price Proposal Title of Person Authorized to sign Price Proposal Signature of Above Person Per inspection/task Per hour $ N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Town of North Andover RFP Page 25 of 25 Food Consulting Services — Health Department Public Protection Specialists, LLC Proposal Food Consulting Services - Health Department Prepared for Town of North Andover November 5, 2010 Submitted To: Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 P P S Public Protection Specialists, LLC Table of Contents Following Page — Cover Letter APPENDIX A — Price Proposal APPENDIX B — Certifications APPENDIX C — Similar Projects APPENDIX D — References APPENDIX E — Resumes of Key Personnel APPENDIX F — Examples of Previous Work P P S Public Protection Specialists, LLC Specializing in Public Health, Food Safety and Emergency Preparedness Planning November 5, 2010 Mr. Ray Santilli Assistant Town Manager North Andover Town Hall 120 Main Street North Andover, MA 01845 RE: Request for Proposals — Food Consulting Services Dear Mr. Santilli: Public Protection Specialists, LLC (PPS) is pleased to submit the enclosed proposal to the Town of North Andover for Food Consulting Services. Given our extensive experience completing the multiple facets of the proposed Scope of Work for other municipalities, we are confident that PPS is the right firm to assist the Town of North Andover. PPS is a privately held limited liability corporation founded in 2007, with four primary associates focusing on various programs and services we offer. We provide our clients with a full range of public health and food safety related services. Our associates are some of the best in the business and we pride ourselves on working individually with each and every client to ensure they are getting exactly what they are seeking. We have a small, yet dedicated and highly qualified staff to support our work. PPS is dedicated to providing our clients the highest level of professional services through the use of Board Certified and field experienced professionals. Our mission is simple — "to ensure public health and safety through proper education and training, striving to obtain the ultimate goal of Public Protection. " PPS staff credentials include; Massachusetts Registered Sanitarians, Certified Health Officers, and a NEHA Certified Professional -Food Safety. We work with a very diverse range of clients to include; local health departments, hospitals/assisted living facilities, local, regional, and state government agencies, and private industry. A significant amount of our work has been with municipal clients, providing solutions to augmenting existing staff. PO Box 52 Avon, MA 02322 Phone (888) 390-3714 Fax (508) 857-5036 www.publieprotectionspecialists.com With the above as a general introduction, PPS is eager to develop a working relationship with the Town of North Andover. Our team offers several attributes to the Town that differentiates us from the competition, including: Project specific expertise. Having provided food consulting services for other municipalities in Massachusetts, PPS is familiar with the Scope of Work in your Request for Proposals. As part of our routine services we conduct food compliance inspections, food establishment and HACCP plan reviews, and make recommendations based on our findings. Lastly, all of our team members are familiar with the GeoTMS software and have utilized several electronic inspection programs including "Digital Health Department" and "ccMuniTrac." PPS is currently providing very similar services for the communities of Medfield, MA, and Carlisle, MA. A partial list of current and previous consulting projects completed for local health departments is enclosed as Appendix C. Qualified team members. Each member of our team has performed hundreds of related food establishment inspections over the past 36 months. In addition, each member is trained and skilled in conducting food -borne illness complaint investigations. Our team includes current and former members of regulatory agencies. The proposed Project Lead — Mr. Kevin Sweet has an extensive background overseeing food safety programs for several local health departments. He is both a Massachusetts Registered Sanitarian and Certified Health Officer. Additional personnel to be involved with this project include: Mr. Brian Gallant, Ms. Heather Gallant and Ms. Bridget Sweet. Brief resumes of these staff members are enclosed as Appendix E. This proposal was prepared in accordance with the Request for Proposals (RFP). We have read and understand the sections and provisions of the RFP. We are confident that we can demonstrate that PPS's experience and qualifications match your expectations for this project. We look forward to the opportunity to work with you and are prepared to meet with you at any time to discuss our qualifications and approach in greater detail. If you have any questions regarding our submittal, please contact me at (888) 390-3714 or by email at kevin@publicprotectionspecialists.com. Very truly yours, Public Protection Specialists, LLC Aevin. Sweet, M.S., R.S., C.H.O. President and CEO Enclosures Lighting the way for you! P P S Public Protection Specialists, LLC APPENDIX A Price Proposal Pricing Proposal is enclosed under separate cover per guidelines outlined in the Request for Proposals P P S Public Protection Specialists, LLC APPENDIX B Certifications CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature L6. A l _V,tViV) N- 5WtA, F(esidtrr[VE,0 Print Name & Title Date i I 11511ZO 10 F4h'c �����,�s ���s�s. LLC Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I feu i h h � authorized signatory for Pl A bj1 C, Rmt(t& h 5ymo a t f LLC Name of individual Name of con ractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. 2 0 Si nature Date Town of North Andover RFP Page 23 of 25 Food Consulting Services — Health Department MA SOC Filing Number: 201013311390 Date: 9/23/2010 9:40:00 PM The Commonwealth of Massachusetts Minimum Fee: $500.00 I �c{ William Francis Galvin - Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor �~ Boston, MA 02108-1512 Telephone: (617) 727-9640 ReportAnnual Chapter(General Laws, Federal Employer Identification Number: 000961420 (must be 9 digits) I Annual Report Filing Year: 2010 1.a. Exact name of the limited liability company: PUBLIC PROTECTION SPECIALISTS, LLC i I 1.b. The exact name of the limited liability company as amended, is: PUBLIC PROTECTION SPECIALISTS, LLC " � R 2a. Location of its principal office: f No. and Street: 186A ROUTE 6A City or Town: SANDWICH State: MA Zip: 02563 Country: USA k 2b. Street address of the office in the Commonwealth at which the records will be maintained: No. and Street: 186A ROUTE 6A City or Town: SANDWICH State: MA Zip: 02563 Country: USA 3. The general character of business, and if the limited liability company is organized to render professional service, the service to be rendered: CONSULTING SERVICES: PUBLIC HEALTH AND EMERGENCY PLANNING 4. The latest date of dissolution, if specified: 5. Name and address of the Resident Agent: h Name: NATIONAL REGISTERED AGENTS, INC. No. and Street: 303 CONGRESS STREET 2ND FLOOR City or Town: BOSTON State: MA Zip: 02210 Country: USA 6. The name and business address of each manager, if any: Title Individual Name Address (no Po Box) i. First, Middle, Last, Suffix Address, City or Town, State, Zip Code i ii 'I f 7. The name and business address of the person(s) in addition to the manager(s), authorized to execute i documents to be filed with the Corporations Division, and at least one person shall be named if there are no managers. Title Individual Name Address (no Po Box) 'I f i First, Middle, Last, Suffix Address, City or Town, State, Zip Code 3 It SOC SIGNATORY HEATHER L. GALLANT 186A ROUTE 6A SANDWICH, MA 02563 USA SOC SIGNATORY KEVIN SWEET �— 186A ROUTE 6A SANDWICH, MA 02563 USA SOC SIGNATORY BRIDGET SWEET 186A ROUTE 6A SANDWICH, MA 02563 USA SOC SIGNATORY BRIAN J. GALLANT 186A ROUTE 6A SANDWICH, MA 02563 USA 8. The name and business address of the person(s) authorized to execute, acknowledge, deliver and record any recordable instrument purporting to affect an interest in real property: Title Individual Name Address (no PO Box) First, Middle, Last, Suffix Address, City or Town, State, Zip Code 9. Additional matters: SIGNED UNDER THE PENALTIES OF PERJURY, this 23 Day of September, 2010, KEVIN A. SWEET, Signature of Authorized Signatory. © 2001 - 2010 Commonwealth of Massachusetts All Rights Reserved MA SOC Filing Number: 201013311390 Date: 9/23/2010 9:40:00 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: September 23, 2010 09:40 PM • t J WILLIAM FRANCIS GALVIN Secretary of the Commonwealth j P P S Public Protection Specialists, LLC APPENDIX C Similar Projects �- P P S Public Protection Specialists, LLC Partial List of Consulting Projects Completed for Local Health Departments Project: Health Agent, Sanitary Inspections and Enforcement Client Name: Board of Health, Medfield, MA Contact: Melissa Savilonis, Chair, Board of Health Description: Public Protection Specialists, LLC has served as Health Agent for Sanitary Inspections and Enforcement since July, 2008. In this role PPS provides sanitary inspectional services and enforcement on behalf of the Medfield Board of Health, to ensure compliance with applicable rules and regulations. This includes conducting routine food inspections, temporary food event inspections, investigating food borne illness complaints, and conducting comprehensive food plan reviews. In addition, PPS staff attends all monthly Board of Health meetings, providing updates and making recommendations. Project: Sanitarian Services Client Name: Board of Health, Carlisle, MA Contact: Linda Fantasia, Health Agent Description: Public Protection Specialists, LLC is contracted by the Carlisle Board of Health to provide backup sanitary inspectional services on an as needed basis. PPS conducts sanitary code inspections on behalf of the Board of Health, including routine food inspections, temporary food events, public/semi-public pools, housing, etc. Project: Emergency Planner Client Name: Plymouth County Public Health Coalition, Plymouth County, MA Contact: Chair, Executive Committee Description: Public Protection Specialists, LLC has served the role of Emergency Planner since May, 2008. In this role PPS is responsible for the development of public health emergency plans, for several communities in Plymouth County. In addition, we assist the communities with conducting communication drills and emergency preparedness exercises throughout the year. Project: Emergency Preparedness Planning Services Client Name: Board of Health, Medfield, MA Contact: Melissa Savilonis, Chair, Board of Health Description: Public Protection Specialists, LLC provides emergency preparedness planning services for the Medfield Board of Health. PPS completes annual public health emergency preparedness deliverables. PPS updates and revises emergency plans on an annual basis and conducts 24/7 communication drills. P P S Public Protection Specialists, LLC Project: Emergency Drill Evaluator and Consultant Client Name: Board of Health, Hudson, MA Contact: Sam Wong, Health Agent Description: Public Protection Specialists, LLC staff served as Evaluators for annual Flu Clinic/Emergency Dispensing Site Drill. Comprehensive evaluations were conducted, analyzing several components of the EDS operations. PPS completed HSEEP compliant After Action Report/improvement Plan (AAR/IP). Project: Medical Reserve Corps Coordinator Client Name: Board of Health, Medfield, MA Contact: Melissa Savilonis, Chair, Board of Health Description: Public Protection Specialists, LLC served as Medical Reserve Corps (MRC) Coordinator for the Town of Medfield. PPS was responsible for working with municipal officials and local community organizations to promote the importance of the MRC and its role in the community. PPS staff served as liaison to the Region and community as it related to the MRC. In addition, staff performed professional administrative work related to the development of the MRC and conducted several recruitment seminars and training events. PPS recently conducted an MRC Emergency Kit Workshop open to all residents of the community, complete with presentations and demonstrations. p P i S Public Protection Specialists, LLC APPENDIX D References P P S Public Protection Specialists, LLC Client References The following municipal contacts are available to answer questions relating to Public Protection Specialists, LLC services: Melissa Savilonis, Chair, Board of Health Medfield Board of Health (774) 721-6574 msavilonis(cD,me.com Nancy Bennotti, Administrative Assistant Medfield Board of Health (508) 359-8505 Ext. 3006 nben nottiCa)-medfield.net Linda Fantasia, Health Agent Carlisle Board of Health (978) 369-0283 (fantasia _carlisle.mec.edu ,I P ., P S Public Protection Specialists, LLC APPENDIX E Resumes of Key Personnel P P i S Public Protection Specialists, LLC Kevin A. Sweet President and CEO Technical Specialties: Professional Experience: Public Health Programs Kevin A. Sweet is President and Chief Executive Officer of Public Protection Food Safety and Sanitation Specialists, LLC (PPS). He manages the strategic direction of the Regulatory Compliance organization as well as the day-to-day business operations of the firm. Inspections and Enforcement Kevin's expertise is founded on several years of public health leadership experience, and management responsibilities within the public and private All -hazards Emergency Planning sector. Public Health/Healthcare Emergency Planning Kevin services clients in the areas of public health, food safety and Project Management emergency preparedness planning. He has an accomplished background working with local and state public health and emergency management Education: agencies and the Massachusetts Department of Environmental Protection. Along with being President of PPS, Kevin serves as a Public Health Director Master of Science, Emergency Management, for a diverse community in Central Massachusetts. In this role he is Mass Maritime Academy, MA responsible for managing and overseeing all public health related activities. Graduate Certificate, Public Health Preparedness, Kevin is a leader in providing knowledgeable, practical approaches to food Penn state university safety issues. He has over 7 years experience conducting food compliance (Antic. completion 12/10) inspections, food -borne illness investigations and administering food Bachelor of Science, compliance programs. Kevin has extensive knowledge and experience in Marine Safety and developing plans and policies. He has developed and updated public health Environmental Protection, emergency plans, All -hazards Plans, Continuity of Operations, and Crisis Mass Maritime Academy, MA Management Plans for higher education. Kevin has developed and conducted Certifications and tabletop exercises; functional and full scale drills, and frequently serves as a Specialized Training: drill evaluator and facilitator. He also has practical experience working within an Emergency Operations Center (EOC), during activation and for MA Registered Sanitarian training purposes. (Lic. # 1367) MA Certified Health Officer Kevin is an Adjunct Professor at Cambridge College School of Management, (Lic. # 374) lecturing in the Health Care Management Program. He has been featured as a MA Licensed Code Lead guest lecturer at New England colleges and hospital organizations. In Determination Inspector addition to lecturing, he frequently volunteers on various committees and (Lic. # 3767.) working groups throughout the state and nationally. Kevin is also a Board Registered Infrastructure Member and New England Regional Coordinator for the non-profit Disaster Preparedness Associate Preparedness and Emergency Response Association (DERA). (Cert. # 2004) Certified in Homeland security - Kevin is an active member of the National Environmental Health Association, Level III Massachusetts Environmental Health Association, Massachusetts Health (Cert. # 109859) Officer Association, International Association for Food Protection, Certified Pool/Spa Operator Association of Contingency Planners, and International Association of Emergency Managers. P P i S Public Protection Specialists, LLC Homeland Security Exercise and Kevin holds the professional status of Registered Sanitarian (RS), Certified Evaluation Program (HSEEP) Health Officer (CHO), Certified in Homeland Security -Level III (CHS -III) EOC Management and and Registered Infrastructure Preparedness Associate (RIPA). In addition, he Operations Training holds several other relevant certifications. Kevin has supplemented his Incident Command System knowledge and training with extensive coursework through the FDA Office (ICs -400) of Regulatory Affairs and the Federal Emergency Management Agency's National Incident Management Independent Study program. System (NIMS-700) Kevin has significant public and environmental health experience. He served Advanced Risk Communications as the Assistant Executive Director for the City of Taunton Board of Health Training and Director of the Greater Taunton Medical Reserve Corps. He was Homeland Security Planning responsible for overseeing the Board of Health's enforcement of statutes and for Campus Executives ordinances through education, enforcement orders and court proceedings. He Disaster Behavioral Health: frequently conducted routine health investigations, inspections, and pursued All -Hazards Training legal action when appropriate. During his time with Taunton, he was involved with several site assignment hearings, permitting of a local transfer Memberships: station and the DEP permitting process for expansion of the municipal MA Health Officer Association sanitary landfill. MA Environmental Health Kevin has also served as a contract Compliance Auditor for the MA Association Department of Agricultural Resources, conducting USDA Country of Origin National Environmental Health Labeling (COOL) compliance inspections throughout the Commonwealth of Association Massachusetts. International Association for Food Protection Kevin holds a Bachelor of Science degree in Marine Safety and Environmental Protection, a Master of Science in Emergency Management, International Association of Emergency Managers and is nearing completion of a Graduate Certificate in Public Health Preparedness, with a focus on Bioterrorism and Disaster Management. Appointments: Professional History: The Partnership for Effective Emergency Response (PEER) - Executive Committee Member, City of Taunton - Board of Health, Taunton, MA BU School of Public Health Assistant Executive Director (8/10 -present) At -large Executive Committee Cambridge Public Health Department, Cambridge, MA Member, MHOA Emergency Preparedness Coordinator, Region 4b (1/10 -present) Exercise and Evaluation Cambridge College Workgroup Member, NACCHO Director of Safety and Emergency Management (8/09 - present) Board Member/N. E. Regional MA Department of Agricultural Resources Coordinator, DERA Biosecurity and Regulatory Services (9/07—present) Compliance Auditor (Contract) The Official Website of the Office of Consumer Affairs & Business Regulation (OCABR) Division of Professional Licensure Mass.Gov Mass.Gov Home State Agencies State Online Services Home > Division of Professional Licensure > SEARCH Check A Professional License Office of Consumer Affairs ._ Search By the Division of Professional Licensure LICENSEE ONLINE SERVICES Check a License Name: KEVIN A. SWEET BROCKTON, MA Locate a Licensed NEW SEARCH Professional Online Address Change '"This Licensee has additional Licenses, click here to view them." Contact the Agency More... Licensing Board: CERTIFIED HEALTH OFFICERS License Type: HEALTH OFFICERS REFERENCES & License Number: 374 RELATED INFO Status: LICENSE RENEWAL PERIOD Disclaimer Regarding Website License Searches Expiration Date: 12/31/2010 Issue Date: 7/3/2008 Enforcement Process Glossary Exam Date: 3/8/2008 Help on License Search School: More... This web site displays disciplinary actions dating back to 1993. This license has had no disciplinary actions taken during this time. The page above has been generated by the Division of Professional Licensure web server on Wednesday, November 03, 2010 at 2:17:12 PM. © 2007 Commonwealth of Massachusetts Site Policies Contact Us Site Map The Official Website of the Office of Consumer Affairs & Business Regulation (OCABR) Division of Professional Licensure Mass.Gov Mass.Gov Home State Agencies State Online Services Home > Division of Professional Licensure > SEARCH ............. ......... . ........ __.... ......... ......... Check A Professional License ( Office of Consumer Affairs 6 Search By the Division of Professional Licensure LICENSEE ONLINE SERVICES Check a License Name: KEVIN A. SWEET Business: 45 SCHOOL ST Locate a Licensed BROCKTON, MA Professional NEW SEARCH Online Address Change **This Licensee has additional Licenses, click here to view them.** Contact the Agency More... Licensing Board: SANITARIANS REFERENCES & License Type: SANITARIANS RELATED INFO License Number: 1367 Disclaimer Regarding Status: LICENSE RENEWAL PERIOD Website License Searches Expiration Date: 12/31/2010 Enforcement Process Issue Date: 8/3/2010 Glossary Exam Date: 7/10/2010 Help on License Search School: More... This web site displays disciplinary actions dating back to 1993. This license has had no disciplinary actions taken during this time. The page above has been generated by the Division of Professional Licensure web server on Wednesday, November 03, 2010 at 2:12:31 PM. © 2007 Commonwealth of Massachusetts Site Policies Contact Us Site Map v =tn N t 00 . w D N � - �9 N' m �► 0 a r N. c > m�- ' v f. m: m. ��- u' m-4 _ -4 ; N - :. cn mo o D y m r- . D r N .3 . D o z , m Dm > n . v m c -�.�-�,. m o c N.0 N =CO) s ^D t � �4Signature P P S Public Protection Specialists, LLC Heather L. Gallant Principal Technical Specialties: Professional Experience: Public Health Programs Heather L. Gallant is Principal and Co-founder of Public Protection Specialists, Food Safety and Sanitation LLC (PPS). She is responsible for the growth and development of the firm, which includes opportunity identification and relationship development. Heather Regulatory Compliance Inspections and Enforcement provides technical assistance and consultation or a variety p fof public health food p safety and emergency planning issues. Along with being Principal of PPS, Project Management Heather serves as a Public Health Director for a large municipality in Education: Southeastern Massachusetts. In this role she is responsible for managing and overseeing all public health related activities. Master of Public Health, American Public University, wv Heather has an extensive background in local public and environmental health. Bachelor of Science, She has over 10 years experience conducting food compliance inspections, food - Marine Safety and borne illness investigations and administering food compliance programs. Environmental Protection, Heather serves as an appointed member of the MA Food Establishment Advisory Mass Maritime Academy, MA Committee (FEAC) and on the Executive Committee for the MA Environmental Certifications and Health Association. She was recently selected by MA Department of Public Specialized Training: Health to serve on the Food Code Review Project Workgroup. MA Registered Sanitarian Heather is a member of the Cape Cod Community Emergency Response Team (Lic. # 1221) (CERT) and serves as an adjunct instructor with the program. She has an MA Certified Health Officer extensive background in hazardous materials and is a HazMat Technician and (Lic. # 371) Incident Commander. She has completed several Federal Emergency Management Agency's Independent Study program Certified Professional - Food safety Heather is an active member of the Mass Health Officers Association, Mass Certified Food Safety Manager Environmental Health Association, National Environmental Health Association, Barnstable County Deputy Sheriff s Association and the National Sheriffs ServSafe Instructor Association. She is a Registered Sanitarian, Certified Health Officer and a Incident Command System NEHA Certified Professional -Food Safety. Heather also is a qualified ServSafe (ICS -400) Instructor and First Aid/CPR Instructor. National Incident Management (NIMS-700) Heather's past engagements includes spending 2 ears in the food service industry, serving as a Manager for most of that time. She then went to work for a Homeland Security Exercise and community on Cape Cod, as a Health Inspector for six years. During her time Evaluation Program (HSEEP) with the Town, Heather served on the Selectmen's Pollution Task Force, and was 40 -Hour Hazwoper Training responsible for conducting food establishment inspections, septic inspections, housing inspections, tanning and massage inspections, complaints, etc. Certified Pool/Spa Operator Memberships: Heather has a Bachelor of Science degree in Marine Safety and Environmental Protection and a Master of Public Health. MA Health Officer Association Professional History: MA Environmental Health Association Town of Bourne - Board of Health, Bourne, MA National Environmental Health Health Inspector Association Dunkin Donuts, Bourne, MA Barnstable County Deputy Manager Sheriffs Association The Official Website of the Office of Consumer Affairs & Business Regulation (OCABR) Division of Professional Licensure Mass.Gov Mass.Gov Home State Agencies State Online Services Home > Division of Professional Licensure > SEARCH Check A Professional License Office of Consumer Affairs Search B h f y t e Dlvlslon o Professional Licensure LICENSEE ONLINE SERVICES Check a License Name: HEATHER L. GALLANT SANDWICH, MA Locate a Licensed NEW SEARCH Professional Online Address Change '"This Licensee has additional Licenses, click here to view them."" Contact the Agency More... Licensing Board: CERTIFIED HEALTH OFFICERS License Type: HEALTH OFFICERS REFERENCES & License Number: 371 RELATED INFO Status: CURRENT Disclaimer Regarding Website License Searches Expiration Date: 12/31/2011 Issue Date: 8/4/2010 Enforcement Process Glossary Exam Date: 7/7/2010 Help on License Search School: AMERICAN PUBLIC UNIV More... i This web site displays disciplinary actions dating back to 1993. i This license has had no disciplinary actions taken during this time. The page above has been generated by the Division of Professional Licensure web server on Wednesday, November 03, 2010 at 2:18:45 PM. © 2007 Commonwealth of Massachusetts Site Policies Contact Us Site Map The Official Website of the Office of Consumer Affairs & Business Regulation (OCABR) Division of Professional Licensure Mass.Gov Mass.Gov Home State Agencies State Online Services Home > Division of Professional Licensure > SEARCH Check A Professional License Foffice of Consumer Affairs Search By the Division of Professional Licensure LICENSEE ONLINE SERVICES Check a License Name: HEATHER L. GALLANT SANDWICH, MA Locate a Licensed NEW SEARCH Professional Online Address Change **This Licensee has additional Licenses, click here to view them.** Contact the Agency _ More... Licensing Board: SANITARIANS License Type: SANITARIANS REFERENCES & License Number: 1221 RELATED INFO Status: CURRENT Disclaimer Regarding Website License Searches Expiration Date: 12/31/2011 Issue Date: 5/13/2003 Enforcement Process Glossary Exam Date: 4/17/2003 Help on License Search School: More... This web site displays disciplinary actions dating back to 1993. This license has had no disciplinary actions taken during this time. The page above has been generated by the Division of Professional Licensure web server on Wednesday, November 03, 2010 at 2:20:14 PM. © 2007 Commonwealth of Massachusetts Site Policies Contact Us Site Map n cn -u x in w 0(DOL �. CDD :E 0 � IM .. n x 3 0) ? 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Sweet Principal Technical Specialties: Professional Experience: Public Health Programs Bridget L. Sweet is Principal and Co-founder of Public Protection Specialists, Food Safety and Sanitation LLC (PPS). She directs the company's efforts in marketing and holds lead responsibility for client relationship management. Her current work portfolio Food Manager/Employee includes providing technical expertise, project management and consultation Trainings services to public and private sector clients, with an emphasis on food safety Regulatory Compliance compliance. Bridget is a leader in food safety services specializing in: Food Inspections and Enforcement Safety Inspections and Audits, Risk Assessment, Quality Systems, Hazard HACCP Planning Analysis Critical Control Point (HACCP) Planning, Food Defense Programs and Employee Trainings. Education: Bridget is a member of the National Environmental Health Association, Bachelor of Science, Massachusetts Environmental Health Association, Massachusetts Health Officer Marine Safety and Environmental Protection, Association and International Association for Food Protection. She has Mass Maritime Academy, MA completed several FDA Office of Regulatory Affairs (ORA) courses and the extensive Foundations for Local Public Health Course, through the Massachusetts Certifications and Local Public Health Institute. Bridget holds several relevant certifications Specialized Training: including Certified Food Safety Manager, Temporary Food Establishments Foundations for Local Public Training, and is a Managing Retail Food Safety Certified Trainer. Bridget was Health Course recently selected by the MA Department of Public Health to serve on the MA Food Establishment Advisory Committee (FEAC) - Food Code Review Project MAHB Certification Course Workgroup. Managing Retail Food Safety Train -the -Trainer Bridget's past engagements include serving as Sanitary Inspector for the City of Taunton Board of Health. In this role she was responsible for overseeing the Certified Food Safety Manager City's more than 350 retail and food service establishments. She conducted Temporary Food Establishments related food compliance inspections and investigations, reviewed and approved all retail and food service establishment plan submittals. In addition, she has also Foodborne Illness Investigations served as a Food Safety Auditor for a national consulting firm. She was Traceback Investigations responsible for conducting audits to assess food safety and sanitation practices at client locations throughout the Northeast. Certified Pool/Spa Operator Bridget has a Bachelor of Science degree in Marine Safety and Environmental 40 -Hour Hazwoper Training Protection and is currently researching graduate programs. Memberships: Professional History: MA Health Officer Association (MHOA) City of Taunton - Board of Health, Taunton, MA Sanitary Inspector MA Environmental Health Association (MEHA) Everclean Services, Inc., Agoura Hills, CA National Environmental Health Food Safety Auditor (Contract) Association (MEHA) Nalco Company, Northboro, MA International Association for Applications Engineer Food Protection (]AFP) GeoLabs, Inc., Braintree, MA Extractions Manager - 01000-- Exam Form No. 4379 NATIONAL . RESTAURANT ASSOCIATION Cert. No. 6041733 ServSafe` Certification BRIDGET L SWEET To for successfully completing the starrdards set forth by the National Restaurant As�ociat-n educational Foundation for the ServSafe® Food Protection Manager Cenificaim Examination. Date of Examination: 8/7/2008 ## Date of Expiration: 8!7/2013 National Restaurant Associa,_ \_ Local laws apply. Check with your local regulatory #0655 EDUCATIONAL FOUNDATION . agency for recertification requirements. trM2008 National Restaurant Association Educational Foundation. All rights reserved. dv a� =ry d tp p � � C d N �• D � � =a y O O O O m a �• *' ,a A 46 d CV O _ A N �L roilrD CD o � �• v� �'`�` n ow v C �++ 3i@ o �. ►� O O ►° d o OWN* OWN "O. pow Aloft,, mow ITI gR. � b �ev a y O O '! � A w A C CL -I e9 � O a occ-111, P P i S Public Protection Specialists, LLC BRIDGET L. SWEET FDA Office of Regulatory Affairs Courses October, 2008 — Foodborne Illness Investigations September, 2008 — Food Microbiological Control July, 2008 — Basics of Inspections: Beginning an Inspection July, 2008 — Basics of Inspections: Issues and Observations July, 2008 — Basic Food Law for State Regulators July, 2008 — Food Microbiological Control July, 2008 — Food Labeling "Copies of all certificates can be provided upon request P P i S Public Protection Specialists, LLC Brian J. Gallant Chief Operating Officer Technical Specialties: Professional Experience: Public Health Programs Brian J. Gallant is Chief Operating Officer for Public Protection Specialists, Food Safety and Sanitation LLC (PPS). One of his key roles is running the day-to-day operations of the firm, focusing on making sure the team has every resource it needs to serve Regulatory Compliance Inspections and Enforcement clients. Brian is lead educator and trainer for PPS and frequently conducts/facilitates drills and exercises with a range of clients, from health All -hazards Emergency Planning departments to various public safety agencies. Other responsibilities include Public Health Emergency project direction and administrative oversight for a wide range of projects. Planning Brian services clients in various aspects relating to public health, food safety Project Management and emergency preparedness planning. He is a recognized expert providing Education: fire, safety, emergency preparedness and environmental consultation services to various clients around the world. He has consulted in the government Master of Public Health, sector, nuclear industry, general industry, manufacturing, academia, American Public University, WV (MPH Candidate) construction, marine safety and biotech. Brian's current engagements include serving as Emergency Planner for several communities in Plymouth County Master of Arts, and contracted Health Agent for Sanitary Inspections and Enforcement. Education, Newport University, CA Brian also serves as Deputy Director of Emergency Management and Bachelor of Science, Chairman of the Local Emergency Planning Committee, for his home Town Management, Lesley College, MA of Sandwich, MA. He is a Graduate and Continuing Education Faculty Member at Massachusetts Maritime Academy, lecturing in the areas of Public Associates in Science, Health Issues in Emergency Management, Hazardous Materials, OPA 90 Fire Science and Safety, training, STCW and Marina Management, to name a few. Cape Cod Community College, MA Brian is a member of the MA Health Officer Association, MA Environmental Certifications and Health Association, Barnstable County Deputy Sheriff s Association, the Specialized Training: National Sheriff s Association, the National Association of Fire Investigators, Certified Food Safety Manager and the American Society of Safety Engineers. He is also a principal member of the NEPA Professional Qualifications for Industrial Fire Brigades ServSafe Instructor Committee and a member of the International Association of Emergency Certified Hazardous Material Managers. In addition, Brian has the designations: Certified Hazardous Manager Material Manager (CHMM) and Certified in Homeland Security -Level III (CHS-III). He is a ServSafe Instructor and Certified Food Safety Manager. Certified in Homeland Security - Level III Brian's past engagements include serving 12 years in the fire service, as Registered Professional Training Officer, Hazardous Material Officer, Department Fire Investigator Industrial Hygienist and Shift Commander (Fire Lieutenant). Brian served as an Instructor with OSHA Authorized Outreach the Massachusetts Firefighting Academy's Industrial Fire Training Program, Instructor for General and specializing in both marine and nuclear firefighting. He was also the Director Construction Industry of Fire Training for Barnstable County, MA (20 communities on Cape Cod, MA). 11 P P S Public Protection Specialists, LLC BEAC Certified Professional Auditor — Environmental Compliance & Health and Safety Homeland Security Exercise and Evaluation Program (HSEEP) Incident Command System (ICS -400) National Incident Management System (NIMS-700) 40 -Hour Hazwoper Training Confined Space Entry and Rescue Competent Person -Soil First Aid, Bloodborne Pathogens and CPR Instructor Qualified Individual (OPA-90) Memberships: MA Health Officer Association MA Environmental Health Association International Association of Emergency Managers Barnstable County Deputy Sheriffs Association National Association of Fire Investigators International Association of Fire Fighters — Life Member American Society of Safety Engineers Appointments: NFPA 1081 - Industrial Fire Brigade ProQual Standards Committee, Principal Member (1995 - present) NFPA Shipboard Firefighting for Land-based Firefighters, Task Force Member (1995 - present) Brian served as the Emergency Management Director for the Town of Sandwich, and under his regime, handled several high profile incidents. Among them included two powerful hurricanes, a "no name" storm, and a barge accident in the Cape Cod Canal area involving hazardous materials and the potential evacuation of a large seasonal section of the community. Brian has been published in several magazines and periodicals, including: Electrical World, Hazmat World, Environmental Waste Management Magazine, Waste Business West, Waste Business Magazine, Industrial Fire Safety, MANTAG News, Supervisory Report, Emergency Management Magazine. His photos of the MV Stellamare capsizing were published in Firehouse Magazine. Brian also authored, "Hazardous Waste and Emergency Response Manual," published by Joseph Wiley and Sons, "The Facility Manager's Guide to Environmental Health and Safety," and "Essentials of Emergency Management: Including the All -hazard Approach," both published by Government Institutes. He is also a contributing author to "Disaster Management Handbook," published by CRC Press. Brian holds an Associate's Degree in Fire Science and Safety, a Bachelor of Science in Management, a Master of Arts in Education and is nearing completion of a Master of Public Health. Professional History: Contingency Management Associates, Middleboro, MA Vice President National Fire and Medical Services, Inc., Buzzards Bay, MA Manager — West Coast Operations /Director of Training Boston Edison Co. — Pilgrim Station, Plymouth, MA Technical Training Supervisor Massachusetts Fire Academy, Sudbury, MA Fire Instructor Town of Sandwich Fire Department, Sandwich, MA Fire Lieutenant / Deputy Forest Warden / Department Fire Investigator Asst. Training Officer/ Hazardous Materials Officer Barnstable County, Barnstable, MA Director of Fire Training U X o o m m < CL IO= _. 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NC �a zch G) � Dd r 33 D 0 3 4 Z O P P S Public Protection Specialists, LLC APPENDIX F Examples of Previous Work P P Public Protection Secialists, LLC P Specializing in Public Health, Food Safety and Emergency Preparedness Planning October 21, 2010 Medfield Board of Health 459 Main Street Medfield, MA 02052 Dear Board Members: Upon completion of the Medfield Day Temporary Food Inspections several areas of concern were identified. There were some discrepancies in the paperwork that was submitted and more importantly there were some areas of concern in regards to food safety. All of the vendors were cooperative, and the majority of the vendors were in full compliance with 105 CMR 590. However, violations did occur and the umbrella permit issued to MEMO makes it difficult to enforce 105 CMR 590. i • A complete vendor list was not provided by MEMO to the Health Agents (even on the day of the event). The Unitarian Church and Rossi's were not on the list_ • A complete listing of the food to be sold was not provided by several vendors. They listed items such as "goodies", "baked goods", etc. • As previously discussed, home baked goods were to be limited to cookies and other non -potentially hazardous foods. There were pies and items with nuts at some vendors' booths. • Cut fruit was not kept cold. In an effort to ensure the safety of the public at temporary food: events, the Health Agents are looking forward to working witNMEMO towards a better and safer event next year. A meeting will be scheduled with MEMO — Medfield Day Chair to discuss these issues. Sincerely, Brian J. Gallant Kevin A. Sweet Health Agent Health Agent Medfield Board of Health Medfield Board of Health PO Boz 52 Avon, MA 02322 Phone (888) 390-3714 www.pnblicprotectionspechdists.com t Fax (508) 857-5036 April 7, 2010 #31. WWI 11 - Board of Health 459 Main Street Medfield, MA 02052 (508) 359-8505 x604 RE: Food Establishment Plan Review .v Dear Mr. El Khoury: The Medfield Board of Health received a completed plan review application for the establishment referenced above. The plans and plan review information have been reviewed for compliance with 105 CMR 590.000, Minimum Standards for Food Establishments. The Board of Health hereby conditionally approves these plans for the above referenced food establishment as per the information submitted to this office. Please note: This plan approval applies to Board of Health procedures only. Please check with all other applicable Town departments for their appropriate requirements. In addition, the Board of Health issues all food permits. The Board of Health meets once per month on the 2°d Wednesday of the month. Please make note of, including but not limited to, the following requirements that will be checked for compliance at the pre -opening inspection. CONDITIONS: 1. The establishment's permanent phone number shall be provided. 2. Exhaust hood for cooking equipment shall be of commercial grade and shall completely cover all equipment. 3. Storage of all chemicals and cleaning products shall be restricted to isolated areas that are low and/or away from food, food equipment and food preparation areas. 4. If cleaning supplies and chemicals are to be stored in a separate room they shall be stored on appropriate shelving. 5. The 3 -Bay sink shall be labeled (permanently): WASH — RINSE — SANITIZE. 4 'M- , ..4...:.,....1...11 1.,..... 1...-, A --d --A 7. A sanitizes spray bottle and/or sanitizing wiping cloth bucket shall be on -hand, labeled and kept at all food preparation, production and service areas. 8. All refrigerator and freezer units shall have two (2) internal numerically scaled indicating thermometers secured at visible locations. 9. Food service gloves (vinyl) shall be on -hand and used when appropriate. 10. A Consumer Advisory Notice shall be conspicuously posted warning consumers against the consumption of raw or undercooked: beef, fish, milk, pork, poultry, eggs, or shellfish. 11. The walls in both the food preparation and warewashing areas must be smooth, non-absorbent and easily cleanable. 12. All restroom doors must be self-closing. 13. All restrooms shall be properly ventilated. 14. All hand wash sinks shall be labeled "HAND WASH ONLY". 15. Hand wash sinks in all accessible bathrooms shall be labeled: "Employees must wash hands before returning to work". 16. All hand wash sinks shall have liquid soap and paper towel dispensers that are permanently mounted in convenient locations. 17. Dumpster shall be located on an impervious surface (e.g., concrete or asphalt) 18. At least one (1) Person in Charge (PIC) shall enroll in a Food Protection Management Course and pass the required exam. A copy of the certification shall be submitted to this office. 19. The ice machine shall have a plastic sleeve for the proper storage of the ice scoop handle out of contact with ice. 20. All outside doors lacking screens shall remain closed at all times. Please be aware that this establishment will not be permitted to operate until it has been inspected prior to the start of operations to ascertain compliance with the approved plans as well as with 105 CMR 590.000, Minimum Standards for Food Establishments. If the establishment is remodeled in a manner, which is different from the approved plan, then the Board of Health may require additional remodeling and approval before a Permit to operate is issued. Sin 1 , even weet, CHO Health Agent cc: Building Department February 24, 2010 lint 7--waC7, -6TI1,121 its, � Board of Health 459 Main Street Medfield, MA 02052 (508) 359-8505 x604 RE: Food Establishment Plan Review Dear Owner/Applicant: The Medfield Board of Health received floor plans and additional information previously requested on January 28, 2010. The pians and plan review information have been reviewed for compliance with 105 CMR 590.000, Minimum Standards for Food Establishments. At this time the Board of Health will not approve a permit to operate until the following items have been submitted: 1. Written recipe or formulation for acidifying the rice. The recipe must contain the weights of rice and water needed prior to cooling. The recipe must be validated by a certified food laboratory to show that it results in cooked rice that has a target pH of 4.1. 2. Clarification in your HACCP is required. Submitted paperwork indicates use of both a pH meter and test strips (must use a calibrated pH meter, which is required to be on hand at all times). 3. Supplier verification letter which guarantees that the received product was stored for a minimum of 7 days in frozen storage (4 degrees F) prior to consumption. 4. Proof of employee training in regards to the proper preparation of sushi rice, monitoring the pH of sushi rice, and proper sanitation procedures. 5. A sushi rice pH log must be submitted. 6. A sanitation log must be submitted. The Board of Health hereby conditionally auuroves thesd plans for the above referenced food establishment as per the information submitted to this office on February 12, 2010. The requested additional documentation must be submitted prior to final approval. For technical assistance with document preparation, the Board of Health recommends seeking a consultant specializing in HACCP plan development. If desired, please contact the Board of Health office for a list of consultants in the area. Please submit requested information to the Board of Health office. In addition, please be aware that this establishment will not be permitted to operate until it has been inspected prior to the start of operations to ascertain compliance with the approved plans as well as with 105 CMR 590.000, Mmimum Standards for Food Establishments. Please note: This applies to Board of Health procedures only. Please check with all other applicable Town departments for their appropriate requirements. Since IR Y1, Kevin A. Sweet, CHO Health Agent Enclosures •l'/ M.,i jg vr��ri�°'���'+�f'�1 1,157MIN APPENDIX A - PRICE PROPOSAL Task Per inspection/task Per hour Food establishment — supermarket inspection $ 65,00 N/A Food establishment — restaurant with multi -food service areas (bar, buffet, sushi) $ &C, 00 N/A large retail and like -sized business inspection Food establishment — restaurant w/kitchen only $ 55,00 N/A Food establishment — small retail, gas station, daycare and similar sized inspection $ � 5 00 establishment , N/A Food establishment — re -inspection or follow-up inspection on all establishments $ 2-5,00 N/A HACCP Plan Review $ 60,00 N/A Special Consulting to BOH N/A $ l 0' 00 Food establishment complaint investigation N/A $ (O 0 ' 00 Plan review and report $ 50,00 N/A Written annual status report $ 1}0 .O0 N/A Business Name T uOk Mte(,hon Sp&cAh'stS, LLL Business Address MA KoL tr- &A , Sana W (&k MR 0 ZS 1o.3 Business Phone M -390-311i Fax 508- $ 5 7 - 50 3l Kcvi n ft. Swed Name of Person Authorized to sign Price Proposal Pres (Atnt 1 C F 0 Title of Ppr�on Authorizes sign Price Proposal SiRniture of Above Person Town of North Andover RFP Page 25 of 25 Food Consulting Services — Health Department SPR Goods and Services Submit Confirmation s • • • • i � d1► rl► # Page 1 of 2 The following Goods and Services submission was successfully received. Planned date of publish is 10/11/2010 Awarding Agency Agency Name and Address: Town of North Andover 120 Main Street North Andover, MA 01845 Bid Number: Contact Information Name: Ray Santini Title: lAssistant Town Manager Phone: 978-688-9516 Fax 978-688-9556 Email Address: Address: (if different from above) rsantilli(a,townofnorthandover.com Notify email address listed when final publish date assigned. Description The Town of North Andover is seeking proposals for professional Inspector services for the inspection of food establishments to ensure compliance with 103 CMR 590.000 of the State Sanitary Code, Article X. Contract Information Estimated F IF—Duration one(1)year Bid Release Date 10/12/2010 Release Time 11:00 a.m. Bid Deadline Date 11/8/2010 Deadline Time 2:00 p.m. Additional Information The complete Request for Proposals document will be available at www.townofnorthandover.com by clicking on 'Available Bids, Quotes & Proposals' This page can be printed for your records. httn://www.sec.state.ma.us/sDrr)ublicforms/GS SubmitConfirmation.asnx?ID=47692 10/5/2010 APPENDIX A - PRICE PROPOSAL Task Food establishment — supennarket inspection Food establishment — restaurant with multi -food service areas (bar, buffet, sushi) large retail and like -sized business inspection Food establishment — restaurant w/kitchen only Food establishment — small retail, gas station, daycare and similar sized establishment inspection Food establishment — re -inspection or follow-up inspection on all establishments HACCP Plan Review Special Consulting to BOH Food establishment complaint investigation Plan review and report Written annual status report Business Name K _ 4-r t' " 11- A - Per inspection/task Per hour $ 1,30 N/A $ /00 N/A N/A N/A N/A N/A $ 15-0 N/A $ 160 N/A _01- 1—T—S Business Address ct� Business Phone Cg 3 2, S Z, Fax tri i� � Cry Name of Person Authorized to sign Price roposal Title of Person Authorized to sign Price Proposal Town of North Andover RFP Food Consulting Services — Health Department ORIGINAL Page 25 of 25 Food Consulting Service Narrative: I am currently seeking to obtain the position of food consultant for the Town of North Andover. I am an individual consultant that works with the private and public sector with regards to food safety. During the past seventeen years, l have been employed by the Town of Andover as Health Agent. As Health Inspector, I have worked in multiple aspects of public health including food inspections, food borne illness investigations, plan reviews of food establishments, and HACCP plans. In addition, I have consulted for the Dracut Board of Health and Thomas Murphy Associates for food service plan reviews and HACCP plan review. I have enclosed the necessary certifications on courses that I have taken to enhance my knowledge and performance in the food safety industry. I am a Certified Food Protection Manager, and have working knowledge of microbiological control to prevent food borne illness. In 2009 and 2010,1 was employed as a food consultant for the North Andover Health Department. During this time, I have conducted over 200 hundred food service inspections in North Andover and Andover on an annual basis. 1 have utilized the Ipaq PDA with GeoTMS inspection software for all of the inspections in the Town of North Andover and have successfully produced excellent inspection reports. Please see attached. Along with these reports, I have provided detailed photo documentation that has been utilized by the North Andover Board of Health in making critical decisions in food safety. Conducting inspections in the Town of North Andover was a great experience. I have inspected some of the most difficult food establishments in this town. I have successfully assisted all of them with coming into compliance with the 1999 Federal Food Code and Chapter X of the State Sanitary Code, 105 CMR 590.000 Some examples are Riley's Roast Beef and Culpeper's. Both establishments have been in business for many years and could no longer see the decaying conditions. They had become complacent with their work environment with disregard to sanitation practices. After educating them on the food code, and working closely with the owners, the establishments produced excellent results. These tasks were accomplished with working side by side with the establishment on re -inspections, positive reinforcement and knowledge of clean business practices that produce a successful business. Worn out equipment was replaced, food contact surfaces along with non contact surfaces were also replaced and or deeply cleaned and sanitized as to prevent cross contamination. In addition, multiple staff was recertified to prevent food borne illness. Their customer service increased due to the improved working environments. With seventeen years of experience in public health as a Health Agent, I have conducted multiple food borne illness investigation. I have dealt with salmonella cases to norovirus. Just last year I was involved in the investigation of Salmonella Typhi. The particular case involved a high risk population of individuals. Working closely with the State Department of Public Health, we were able to limit the exposure to the public and prevent a large outbreak that could possible lead to deaths. Respectfully Submitted, Patricia A. Crafts ORIGINAL Three References: - Please see attached letters of reference. Mr. Thomas Carbone Director of Public Health Andover Town Offices 36 Bartlet St Andover, MA 01810 978-623-8297 Mr. Thomas Bomil Director of Public Health Dracut Dracut Town Hall 11 Springpark Ave Dracut, MA 01826 978 453-8162 Mr. Thomas J. Murphy, R.S. President Murphy Associates 37 Washington St Andover, MA 01810 978-470-2496 Contracts: Susan Sawyer Director of Public Health North Andover Contract copy enclosed Thomas Bomil Director of Public Health Dracut Contract — in kind service since 2003 Thomas J. Murphy Murphy Associates Contract — verbal Thomas Carbone Director of Public Health Andover Contract — Employed in the Health Department since 1994. November 5, 2008 Susan Sawyer Director of Public Health Community Development and Services Division 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 RE: Insurance Waiver Dear Susan: I respectfully submit my bid for conducting food service inspections in the Town of North Andover. As part of this process I am requesting an Insurance Waiver by the North Andover Town Manager. This additional insurance policy is not cost effective for the amount of inspections that I would be conducting for your food service establishments. Please let me know the outcome of my request at your earliest convenience. Best Regards,,-� Patricia A. Crafts Health Agent The Commonwealth of Massachusetts Department of Industrial Accidents 1 '��'„ Office of Investigations A 600 Washington Street Boston, MA 02111 v COPY www.mass.g ov/dia Workers' Compensation Insurance Affidavit: General Businesses Applicant Information Please Print Leaibl), Business/Organization Name: '1 Address: City/State/Zip: --':t �, + _ E! `i '�` Phone #: t: C4 = t' - 1"3,x' Are you an employer? Check the appropriate box: 1. ❑ I am a employer with employees (full and/ or part-time).* 2. ® I am a sole proprietor or partnership and have no employees working for me in any capacity. [No workers' comp. insurance required) 3. ❑ We are a corporation and its officers have exercised their right of exemption per c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required]* 4. ❑ We are a non-profit organization, staffed by volunteers, With no employees. jNo workers' comp. insurance req.] Business Type (required): 5. ❑ Retail 6. ❑ Restaurant/Bar/Eating Establishment 7. ❑ Office and/or Sales (incl. real estate, auto, etc.) 8. ❑ Non-profit 9. 0 Entertainmerlf 10.0 Manufacturing 11. F1 Health Care 12.❑ Other *Any applicant that checks box 41 must also fill out the section below showing their workers' compensation policy information. **1f the corporate officers have exempted themselves, but the corporation has other employees, a workers' compensation policy is required and such an organization should check box #1. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy information. Insurance Company Name: Insurer's Address: City/State/Zip: Policy # or Self -ins. Lic. #. Expiration Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify, under the pains and penalties ofperjury that the information provided above is true and correct Phone #' Official use only. Do not write in this area, to be completed by city or town official, City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Licensing Board 5. Selectmen's Office 6. Other Contact Person: Phone #: www.mass.gov/dia Town of North Andover Of NORTH ,,,ED •e N �� 4`:,. _'° Office of the Health Depa ° O Community Development and Servic x 1600 Osgood Street; Building 20; Suite 2-36 North Andover, Massachusetts 01845 �9S p4T[D Patcy Susan Y. Sawyer, REHS/RS SAGHUS£ Public Health Director Telephone (978) 688-9540 Fax(978)688-8476 I. SERVICES TO BE PROVIDED =r=c=z�-=-'_-shall provide services required to comply with 105 CMR 590.000 of the State Sanitary Code, Article X, and the 1999 Federal Food Code. These services shall include: A. Inspections 1. Under the direction of the North Andover Health Director and/or the North Andover Board of Health, - evaluate each food establishment for compliance using the guidelines and standards of 105 CMR 590.000 of the State Sanitary Code, Minimum Sanitation Standards for Food Establishments, Article X, and the 1999 Federal Food Code. 2. FfY` =-' `-will conduct re -inspections for violations of the Sanitary Code as needed and as approved by the Health Director and/or the Board. 3.r F=r--=6-will use state -approved food inspection forms that will be supplied by the Health Department. Original inspection data will be downloaded or returned to the Health Department within two weeks of an inspection, or sooner if violations requiring a re -inspection are cited. 4.--=`-cL4�--J�: -r=te E Ld---shall perform thorough routine inspections. Routine inspections shall be performed with a focus on educating the food handlers and person -in -charge on the basics of food safety; for example — personal hygiene, bare hand contact, heating and cooling of food, etc 5.---=-``= F =� ---will represent the Town of North Andover in a professional and ethical manner at all times, rendering fair and unbiased opinions to food establishment personnel, Health Department staff and the Board. 6.be the person conducting all food service inspections and he will not delegate or reassign this responsibility to another person. 7• -- -will work efficiently to make the best use of time and will fairly and accurately record and report the necessary time taken when submitting charges to the Town of North Andover on an hourly basis. II. PAYMENT AND PERIOD OF SERVICE A. Billing 1. -Lit- -LL''-_.-t !Lss call submit invoices on a BI WEELY basis, detailing the establishment location, the type of service provided (routine inspection, re -inspection) the cost per activity or hour, and the amount due. B. Fee Schedule 1. The following represents the sum totals of the appropriate cost by activity. Activity Cost per hour Maximum Cost • Routine food inspection $ 40.00 per hr $4,999 • Follow-up food inspection $40.00 per hr • Geo TMS Training $ 40.00 per hr -� �d , total < $5,000 2. At no time willor bill the Board for additional expenses incurred without prior written approval of the Director or the Board. 3. Additional services not cited in this agreement may be negotiated under a separate agreement and charge structure. C. Period of Service 1. Duration of this agreement shall be from November 1, 2008 until service costs have reached their threshold, but not to exceed one year, through July 31, 2009. 2. The Board shall have the right, in its discretion and for any reason, to terminate this agreement or any part of the work there under at any time on twenty-one (2 1) days written notice. -_."--Patricia A Crafts, Inspector Susan Sawyer, Health Director Mark Rees, Town Manager SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the "Town of North Andover, and :fpay, -166 which Contract is a contract for the procurement of services. 2. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. 3. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13. Minimum Wage/Prevailing Wage; The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, § 1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. 5. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $1 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MITA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 1 and expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on. the above referenced liability policies, and the Contractor's insurance shall. be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: TOWN OF NORTH ANDOVER Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IIS' ACCOUNT No Town Accountant Date: Town Manager Department/Division Head THE CONTRACTOR: (Rev 5-2007) Supplement "S" to Contract between the Town of North Andover Page 2 and TOWN OF NORTH ANDOVER CONTRACT DATE: This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: Address: Telephone Number: _ Fax Number: oC- 1. This is a Contract for the procurement of the following: 2. The Contract price to be paid to the Contractor by the Town of North Andover is: I Payment will be made as follows: 4. Definitions: 4.1 Acce tU ance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. (Rev 5-2007) Contract by and between Town of North Andover and Page 1 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before .,�;� e = , unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. (Rev 5-2007) Contract by and between Town of North Andover and Page 2 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of (Rev 5-2007) Contract by and between Town of North Andover and Page 3 procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Com fiance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. (Rev 5-2007) Contract by and between Town of North Andover and Page 4 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town: This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. (Rev 5-2007) Contract by and between Town of North Andover and Page 5 18 . Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any (Rev 5-2007) Contract by and between Town of North Andover and Page 6 type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. (Rev 5-2007) Contract by and between Town of North Andover and Page 7 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Su lements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 30B) [ / SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 30B) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between Town of North Andover and Page 8 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN Division/Department Head Contract Manager Town Manager APPROVED AS TO FORM: Town Counsel Date Date THE CONTRACTOR Company Name I ij Signature Date Print Name & Title CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Date (Rev 5-2007) Contract by and between Town of North Andover and Page 9 October 20, 2010 Re: Ms. Patricia Crafts To Whom It May Concern: Towiv of ANDovER Town Offices 36 Bartlet Street Andover, MA 01810 (978) 623-8200 www.andover na.gov Patricia Crafts has served as a Health Agent for the Town of Andover in excess of ten years, and is involved in a wide range of duties where public health is concerned. Her main work here is with our food service establishments, where she conducts plan reviews, inspections, and handles complaints. Ms. Crafts is knowledgeable of the food service industry, and of the regulatory structure surrounding it, and is able to clearly relate that to operators as part of her job. She also has many state, local and private contacts to discuss issues with and obtain guidance when required. I highly recommend her as an inspector and consultant. Sincerely, '" Thomas G. C&ne Director of Public Health TOWN OF DRACUT 11 Springpark Avenue Dracut, Massachusetts 01826 Tel: (978) 453-8162 • Fax: (978) 937-9885 email: boardofhealth@dracut-ma.us THOMAS F. BOMIL Director of Public Health October 19, 2010 To whom it may concern: RONALD E. MOTE, MS/MBA Public Health Nurse I write this letter on behalf of Patty Crafts who I have not only known on a professional level but a personal one for the last fifteen years. I first met Patty when I was on the advisory board for Healthy Communities; ;at the time it was a five town member board which helpedimplement town tobacco rules and regulations; in each community. At that time Patty was the assistant director but then' was promoted to director which I am happy to say I was one of the board members who recommended her for the promotion. She then went on to work for The Andover Board of Health. On more than one occasion I went to her for advice on HACCP plans that had been submitted to me for review.' 'I was impressed with her knowledge of not only this aspect of board of health issues, but other public health matters also. On a personal level, Patty is a trusted friend of great character and has tremendous family values and I would recommend her for any position she would seek. If you have any questions, please do not hesitate to contact me at my.office. Phomas F. Bomil Director of Public Health TFB/hrl EVAN THEMELES, Chairman • LOUIS E. ROUSSEAU, Vice Chairman • PAUL J. ENIS, Clerk The Town of Dracut is an Equal Opportunity / Affirmative Action Employer Murphy Associates 37 Washington Ave Andover, MA 01810 978-470-2496 October 19, 2010 To Whom It May Concern: This document serves as a letter of recommendation for Patricia A. Crafts. Ms. Crafts has contracted with me to conduct plan reviews for food service establishments along with reviews for HACCP plans for my consulting business. I have always found Patricia to be very professional, courteous, helpful and extremely thorough. Her attention to detail has been a valuable asset in my business success. Subm' Respectfu Thomas J. Mur p , R I ly, THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER Massachusetts De &T*blic Health Division of Food and Drugs ...-..,v- m.annpn-r�n�� ncenor JUN ?,,Ii ?�Q1Q TOWN Or NORTH ANDOVeR HEALTH DEPARTMgmT FOOD try L AULIbrimcirr i uv.7rGv i Ivav Date jype of Ooerationfsi T o 0 Name �.� �p (s i - d • /Q [�, Food Service Retail ❑ Residential Kitchen ❑Mobile [1 Temporary ❑ .Caterer ❑ Bed & Breakfast Permit i o. ,�1Routine IJ Re4nspection Previous Inspection Date: ❑ Pre-operation ❑ Suspect Illness ❑ General Complaint ❑ HACCP ❑ Other Address /' Risk Telephone �,r 7-D owner . ^� I V1 C (e- HACCP YM person In Charge (PIC DW f Time In: Out:. inspector ; E�r .....4.e nftrea4lva nanalel and a citation of SDeCifIC Qrovision(s] Eadh violation checked requires an expaaaaauvn vn "IV violated. � �� Tot►sa:o �� to to d 1 e d R F c (Red It rns) Anii.Choking Violations marked may pose an imminent hegfth hazard and require immediate corrective ssa.oagt Ei Ll 590.009 tFl O action as determined by the'Board of Health. FOOD PROTECTION MANAGEMENT (312. Prevention of Co.ntaminatlon from Hands [� 1. PIC Assigned /.KmWedgeabie Muties ❑ 13. Handwash Facilities EMPLOYEE HEALTH ❑ 2. Reporting of-Dlaeases by Food Employee and PiC ❑ 3. Personnel with Infections RestrictedlExcluded FOOD FROM APPROVED SMIMO ❑ 4. Food and Water front Approved Source [j 5. Receiving/Conditlon [] 8. Tags/Records/Accuracy of Ingredient Statements ❑ 7. Conformance'with Approved Procedures/HACCP Pians PROTECTION FROM CONTAMINATTON ❑ 8. Separation/ Segregation/ Protection [� 9. Food Contact Surfaces Cleaning and Sanitizing ❑ 1o. Proper Adequate Handwashing [3 11. Good Hygienic Practices Violations Related to Good Retail Practices (Blue items) Critical (C) violations marked must be corrected immediately or within 10 days as determined by the Board of Health. Non-critical (N) violations must be corrected immediately or within go days as determined by the Board of Health. c.' n 23. Management and Personnel (FC•2)(5eo.00s). 24. Food and Food Protection . (FC-3)(590•oo4) 25. Equipment and Utensils (FC -4)(590.0). 26. Water, Plumbing and Waste (FC-6)(5W.OW 27. Physical Facility (FC -6)(6A0•007) 28. Poisonous or Toxic Materials (FC-7)(WO-008) 29. Special Requirements (56o.009) 30. other Inspector'd signstc PIC's signature: FORM 734A PROTECTION FROM CHEMICALS ❑ 14. Approved Food or Color Additives ❑ 15. Toxic Chemicals TiMEITEMPERATURE CONTROL$ (PoWgWly PAzwd"s Foods) Q.16. Cooking Temperatures ❑ 17. Reheating Q 18. Cooling ❑ 19. Hot and Cold Holding [120. Time As a Public Health Control REt UOMMENTS FOR HIGICY SUSCEPTIBLE POPULATIONS (HSP) (] 21. Food and Food Preparation for HSP CONSUMtER ADVISORY ❑ 22. Posting of Consumer Advisories Number of Violated Provisions Related To Foodborne illnesses interventions and Risk Factors (Red items 1.22): . Official Order for Correction: Based on an inspection today, the items checked indicate violations of 105 CMR 590.000/federal Food Code. This report, when signed below by a Board of Health member or its agent constitutes an order of the Board of Health. Failure to correct violations cited In this report may result in suspension or revocation of the food establishment permit and cessation of food establishment operations. if aggrieved by this order, you have a right to a hearing. Your request must be In writing and submitted to the Board of Health at the above address within 10 days of receipt of this order. DATE OF R§4NSPECTJON: Print: J� page_„„of :tt`ages Print 66•� ti L o � � ° 60 v} O to 21 21 CL 0 N XX r w w O v a W o O O C V�1 O m c m to c O 12 a LL o LU oAQ a Sr F �1 L J t �y1 d V Q w o a V � O a as V 0 THE COMMONWEALTH OF MASSACHUSETTS TOWN OF NORTH ANDOVER Massachusetts Departme .co�ka Division of Food and Drugs FOOD ESTABLISHMENT INSPECTION RFPnRT RECEN-D JUN C- D 1010 TOWN OF NORTH ANDOVER HEALTH DEPARTA =err . Name Yiinti f-4- of 60"AlonfsV -'Food Service ❑ Retail ❑Residential Kitchen ❑ Mobile Temporary ❑ Caterer ❑ 0ed & Breakfast Permit No. jMj01InSDedIQn outine [] Re -inspection Previous Inspection Date: [IPre-operation'�7 ❑ Suspect illness [].General Complaint [IeHACCP Address ` % C1 ! do eve Risk Level Telephone Owner❑ ` /3�5u MACCP YIN Person In Charge (PIC) 1 Time Out: Inspector �i �' - Each violation checked requires an explanation on the narrative pages) and a citation of specific orovisionlst violated. Non oan►pllance with: lftlaftap R2IAj§d to Eoodborne Illness InkOLSntlmnj and Risk Factors (iced Items) ftu-chorda Tobacco Violations marked may pose an imminent health hazard and require immediate corrective woolm ❑ w•oos (F) ❑ action as determined by the Board of Health. FOOD PROTECTION MANAGEMENi• 1. PiC Assigned / Knowledgeable / Duties EMPLOYEE HEALTH ❑ 2. Reporting of Diseases by Food.Empioyee and PIC ❑ 3. Personnel with Infections Restricted/Excluded' FOOD FROM APPROI/ED SWRCE ❑ 4. Food end Water from Approved Source ® 5. Receiving/Condition ❑ 6. Tags/Records/Accuracy of Ingredient Statements 7. Conformance with Approved Procedures/HACCP Plans PROTECTION FROiVI CONTAMINATION ❑ 8. Separation/ Segregation/ Protection ❑ 9. Food Content Surfaces Cleaning and Sanitizing ❑ 10. Proper Adequate Handwashing ❑ 11. Good Hygienic Practices Violations Related to Good Retail Practices (Blue Items) Critical (C) violations marked must be corrected immediately or within 10 days as determined by the Board of Health. Non-critical (N) violations must be corrected immediately or within 90 days as determined by the Board of Health. C N '23. Management and Personnel (FC -2)(59a.003) -:214. Food and Food Protection (FC3)(590.004) 25. Equipment and Utensils (FC•4)(590.005) 26. Water, Plumbing and Waste (Fc•6)(590.006) 27. Physical Facility (FC4(590.007) 28. Poisonous or Toxic Materials (Fc.7)(590.009) 29. Special Requirements (590.009) 30. Other ❑ 12. Prevention of Contamirtation from Hands 0 13. Handwash Facilities PROTECTION FROM CHEMICALS ❑ 14. Approved Food, or Color Additive$ El15. Toxic Chemicals, TiMEMPOMTiiti2E CONTROLS EI TLS Motendalfy Hazardous Foods) ❑ 16. Cooking Temperatures ❑ 17. Reheating ❑ 18. Coling ❑ 19. Hot and Cold Holding ❑ 20. Time As a Public He'atth Controi REQUIREMENTS FOR H WILY SUSCEPT;BLE POK"TIONS (HSP) ❑ 21. Food and Food Preparation for HSP CONOUMER ADVISORY ❑ 22. Posting of Consumer Advisories Number of Violated Provisions Rotated To Foodborne Illnesses Interventions and Risk Factors (Red items 1-22): Official Order for Correction: Based on an inspection today, the Items checked indicate violations of 105 CMR 590.000/federal Food Code. This report, when signed below by a Board of Health member or its agent constitutes an order of the Board of Health. Failure to correct violations cited in this report may result in suspension or revocation of the food establishment permit and cessation of food establishment operations. If aggrieved by this order, you have a right to a hearing. Your request must be in writing and submitted to the Board of Health at the above address within 10 days of receipt of this order. DATE OF R14NSPECTION: Inspector's Signature Yiinti f-4- Psge .� oZag. PIC's Signature: , ,_ _ Print. -'2-017, FORM 734A 0 r' O a m in _ N C o_ G � ami C' z c� m r w'u3w w o (¢, 0 CD tr a S Q o �+ triter CL y C> C 0 O O O O 'J c;<GV: p ,,a •c J 00 ■ LL 0 F- ' 0 E Z C O L N .Q w N LU 1 �n ' 4 I , • �, \ Ji` • ♦\ l \ ' , E• \ , * ■ ■ i ■ ■. • ,� i• it o �1 s \ ' • , I " i f U }, 4 >� .y N N O 20) L: y CDL X� W W w W o a C 0OC AT A (D o Z+ N rn co uj IF F='> PCt 1` ..:;: m.. ct a •N N a Patricia A. Crafts 4 Peabody Dr Brentwood, NH 03833 To obtain a position as a Health Inspector for local Boards of Health in Massachusetts. Job Experience: 1994 — Current Town of Andover — Health Inspector -Enforce Massachusetts Public Health Regulations in the Town of Andover. • Perform Soil Evaluations for Septic Systems — Enforce Title V — State Environmental Code • Conduct Restaurant Inspections — Enforce 1999 Federal Food Code& State Sanitary Code • Complete plan review of all types of Food Service Establishments including HACCP • Conduct Semi Public / Public Pool Inspections / Water Quality — Enforce Minimum Standards for Swimming Pools • Perform Recreational Camp Inspections for Children- Enforce Minimum Standards under Chapter IV • Investigate Public Health Threats due to Beaver Population and other Nuisances • Conduct Housing Inspections -Enforce Title II — Minimum Standards for Human Habitation • Investigate Food Born Illness cases • Investigate multiple types of public health threats 2009 to Current Town of North Andover — Food Inspector • Conduct Restaurant Inspections — Enforce the 1999 Federal Food Code and the State Sanitary Code, 105 CMR 590.000 • Utilization of Geo TMS software and hardware for all food inspections • Submit written inspection reports along with picture documentation to support violations Education: • Emergency Management Institute — 2006 - 2008 • National Assessment Institute — 2000 • National Swimming Pool Foundation —1998 • Department of Health and Human Services -1998 • University of Massachusetts -1998 • Northern Essex Community College —1980 -1983 Certifications: • Fema — IS -00100 — Incident Command System • Fema - IS -00200.a- Single Resources /Initial Action Incident System • Fema — IS -00700 - National Incident Command System • Certified Soil Evaluator • Certified Pool Operator • Certified Food Manager/ Food Microbiological Control • Department of Health and Human Services — Food Microbiological Control a lqz- Ng X33 AN ,. CE RT,"[F E `'tel G�7r✓.`7. EG�;�LGGCt�Z Gj�%Z;:.F.��La" Gl2 Training Provided By An►erican Food Safety Institute 800-723-3873 3'a z 1' mil-iony W. Mitchell, Ph.D. Certificate Issued: 3/22/08 Testcak: 6203031101 W Cl) W Z a z 0 z a z J a W LL H z W H Q CL W 0 wl U rA � a po o 3 w O W N 0 cn H W x 0 cl H z w 2 a 0 w w 0 w U 0 0 CO vV w z I � LL of O oz US cc 00 N 9 Q 0 LL 2 Ix 0 LL 0 t i Town of North Andover CONTRACT DATE: Q C t,) b<, K LS do ( v This Contract is entered into on, or as of, this date by and between the Town of North Andover (the "Town"), and Contractor: _ n /'� -A fkkr�t 1 EI- /t v Address: _ lay-- Telephone Number: _ 0 3 �{ q S -1 �p Fax Number: 1. This is a Contract for the procurement of the following: Fuoc C0e1SL1 I �I t, �P-Vru1 C PS 2. The Contract price to be paid to the Contractor by the Town of North Andover is: A - p pe ,d % x +— }7Ci C I'N 5 P(Opos o L 3. Payment will be made as follows: k) e.- ?�, v C(a � s 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. Town of North Andover RFP Food Consulting Services — Health Department ORIGINAL Page 11 of 25 4.2 Contract Documents: All documents relative to the Contract including (where used) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials, equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term "Contractor" shall be understood to refer to any other such label used. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance: This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before Nove.wbo r 30 Lo 1l , unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation: Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. Town of North Andover RFP Page 12 of 25 Food Consulting Services — Health Department 7. Permits and Approvals: Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default: 8.1 Without Cause. The Town may terminate this Contract on seven (7) calendar days notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii) any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the Town's Remedies: Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall Town of North Andover RFP Page 13 of 25 Food Consulting Services — Health Department have all the rights and remedies provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract, including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance: 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract, this Section shall be understood to import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall Town of North Andover RFP Page 14 of 25 Food Consulting Services — Health Department protect and indemnify the Town of North Andover, and its duly appointed agents against any claim or liability arising from or based on any violation whether by him or its agents, employees or subcontractors of any such law, by-law, regulation or decree. 11. Conflict of Interest: Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law (General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it or its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. 14. Assignment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the Town: This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to form. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other Town of North Andover RFP Page 15 of 25 Food Consulting Services — Health Department instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. Liability of Public Officials: To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective, or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. Workers Compensation Insurance: The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract, shall operate as an immediate termination thereof, and Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. Town of North Andover RFP Page 16 of 25 Food Consulting Services — Health Department The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the Town. 20. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor) without the prior written approval of the Town, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to, without payment of any royalty, commission, or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any reports, data or other materials prepared under this Contract. All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 22. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. Town of North Andover RFP Page 17 of 25 Food Consulting Services — Health Department 23. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Agreement, prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written Agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 24. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 26. Binding on Successors: This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in interest (and where not corporate, the heirs and estate of the Contractor). 27. Complete Contract: This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Town of North Andover RFP Page 18 of 25 Food Consulting Services — Health Department 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the Town of North Andover shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ X ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction Town of North Andover RFP Page 19 of 25 Food Consulting Services — Health Department IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN Division/Department Head Contract Manager Town Manager APPROVED AS TO FORM: Town Counsel THE CONTRACTOR PAJ ( ( c �t A (Im 4s Company Name Date ignature V Date Rf , ` , A Cc' AS Print Name & Title e on s,t I k� n Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town Accountant Town of North Andover RFP Food Consulting Services — Health Department Date Page 20 of 25 SUPPLEMENT "S" This form supplements the general provisions of the Contract between the Town of North Andover, and q-hf taA A- Cr n FTS , which Contract is a contract for the procurement of services. "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, § 13. Minimum Wage/Prevailing Wage; The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage), as shall be in force and as amended. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the performance of the work. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate Town of North Andover RFP Page 21 of 25 Food Consulting Services —Health Department �.� ORIGINAL 40 coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this Agreement. 5.6 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the Town, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor, its employees, agents, subcontractors, material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable material or equipment, unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT No Town Accountant Date: Oct25- � 0 (0 Town of North Andover RFP Food Consulting Services — Health Department TOWN OF NORTH ANDOVER Town Manager Department/Division Head THE CONTRACTOR: Page 22 of 25 ORIGINAL .1 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED, THAT (Name) (Officer) of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on its behalf by such officer under seal of , shall be valid and binding upon that I hereby certify that I am the clerk of the above named and is the duly elected officer as above of said and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) NDEp etiv,/4 Town of North Andover RFP Food Consulting Services — Health Department (Clerk) 111d 1300id'1 j''eeA--r U Page 24 of 25 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www. mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers t Informa Name (Business/Organization/Individual): Address: U City/State/Zip: B fer71XJUD,d Phone 40 — zYV 1;971' Are you an employer? Check the appropriate box: 1. ❑ I am a employer with 4. ❑ I am a general contractor and I employees (full and/or part-time). am a sole proprietor or partner- ship and have no employees working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ I am a homeowner doing all work myself. [No workers' comp. insurance required.] t have hired the sub -contractors listed on the attached sheet. These sub -contractors have employees and have workers' comp. insurance.1 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions 11:❑ Plumbing repairs or additions 12. ❑ Roof repairs 13. ❑ Other *Any applicant that checks box #1 must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If the sub -contractors have employees, they must provide their workers' comp. policy number. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company -Name: Policy # or Self -ins. Lic. M Job Site Address: Expiration Date: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. Ido hereby certify under thepains an penalties f perjury that the information provided above is true and correct. Signature: Date: �� —< / _A0 Phone M [o V �'&- 7df use City or Town: not write in this area, to be completed by city or town officiaL Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: OnIGM I Information and Instructions Massachusetts General Laws chapter 152 requires all -employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry.workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space -at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.) said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington, Street Boston, MA 021.11 Tel. # 617-727-4900 ext 406 or 1-877-MASSAFE Fax # 617-727-7749 Revised 11-22-06 www.mass.gov/dia -0 -, DATE (MM/DDIYYYY) ACORD,M CERTIFICATE OF LIABILITY INSURANCE 10/25/2010 PRODUCER 603.382.4600 FAX 603.382.2034 Insurance Solutions Corporation 60 Westville Rd Plaistow, NH 03865 Cynthia St. Amand NSURED Patricia Crafts 4 Peabody Dr 1` ` Brentwood, NH 03833 nMicoADCC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Hartford INSURER B: MMG Insurance Compar INSURER C: INSURER D: INSURER E: NAIC # 115997 vTHE POLICIES OF INSURANCE LISTED BELOW HAVE -BEEN -ISSUED TO THE INSURED -NAMED ABOVE fOR THE FULIGY-rttaw 1— — ..... .. • - -- ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY X I COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR I A GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC POLICY JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS B X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS / UMBRELLA LIABILITY —1 OCCUR E CLAIMS MADE DEDUCTIBLE RETENTION $ AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below OTHER TBA 11/01/2010 1 11/01/2011 LIMITS EACH OCCURRENCE $ DAMAGE TO RE TE $ PREMISES Ea occurrence MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ TBA 11/01/2010 11/01/2011 COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ )ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS he Town of North Andover is listed as additional insured in regards to business auto and general iability. :FRTIFICATE HOLDER Town of North Andover ATTN: Ray Santilli 120 Main Street North Andover, MA 01845 25 (2009/01) FAX: CANCELLATION 2,000,0 1,000,0 100,0 2,000,0 4,000,0 4.000,0 1,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 978.688.9516 ©1989-2009`ACORD The ACORD name and logo are registered marks of ACORD All rights reserved. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 (2009/01)