HomeMy WebLinkAbout20093156.tiffRESOLUTION
RE: APPROVE AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR PURCHASE
OF FOOD PREPARATION SERVICES AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY
OF NORTHERN COLORADO
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Amendment to the Intergovernmental
Agreement for the Purchase of Food Preparation Services between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, Area Agency on Aging, and the University of Northern Colorado,
commencing August 21, 2009, and ending December 31, 2009, with further terms and conditions
being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Amendment to the Intergovernmental Agreement for the Purchase of
Food Preparation Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Human Services,
Area Agency on Aging, and the University of Northern Colorado be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of December, A.D., 2009, nunc pro tunc August 21, 2009.
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ATTEST: I.g4i
Weld County Clerk to the Boa
BY:
Dep
/413 -PR VEDAS TO FORM:
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purity Attorney
Date of signature: I2 (lghfr
David E. Long
BOARD OF COUNTY COMMISSIONERS
WELD ,CO0dfTY, COLORADO
acher, Pro-Tem
C
c
Conway
iraKirkmeyer
(Jo `, llsCaopc:cc)
2009-3156
/77/6 /cgHR0080
MEMORANDUM
Ofrig
DATETO:
WIlD eFROM
COLORADO RE:
December 2, 2009
William F. Garcia, Chair, Board of County Conm3igsioners
Judy A. Griego, Director, Hu
Amendment to the Purchase of vices Agreement for the
Purchase of Food Preparation Services for ARRA Purposes
between the Weld County Department of Human Services'
Area Agency on Aging and the University of Northern
Colorado for the Benefit of Dining Services
Enclosed for Board approval is an Amendment to the Purchase of Services Agreement for
the Purchase of Food Preparation Services for ARRA Purposes between the Department's
Area Agency on Aging and the University of Northern Colorado for the Benefit of Dining
Services. This Amendment was presented at the Board's October 26, 2009, Work
Session.
All vendors who have received at least $25,000 of ARRA funding must have their original
contract amended to reflect the ARRA guidelines. UNC received $39,502 during the
months of July and August. The dollars were used to purchase meals for the Senior
Nutrition Program. These were one time only dollars used during the first three (3) months
of the State Fiscal Year 2010.
If you have any questions, please give me a call at extension 6510.
2009-3156
PURCHASE OF SERVICES AGREEMENT AMENDMENT
THIS AMENDMENT made and entered into this 21 day of August 2009 by and between the Weld County Division of
Human Services' Area Agency on Aging, hereinafter referred to as "Nutrition Program" and University of Northern
Colorado, hereinafter referred to as "Vendor."
WITNESSETH:
WHEREAS, the "Nutrition Program" desires to continue to purchase meals from "Vendor", and
WHEREAS, the "Nutrition Program" and "Vendor" are desirous of amending the original agreement of August 4, 2003
effective January I, 2004;
NOW THEREFORE, it is mutually agreed:
1. To comply with all ARRA requirements as outline in Exhibit F. ARRA funds were used to purchase food services
from the "Vendor" during the months of July and August 2009.
2. All other terms and conditions of the original agreement shall remain in effect unless otherwise stated in this
Amendment.
3. The terms of this Amendment extend from August 21, 2009 through December 31, 2009. This Amendment will be
terminated immediately in the event of loss of funding.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first written above.
WELD COUNTY BOARD OF DIRECTORS
COUNTY COIYtIPItSSIONERS
BY:
William'F. Gat'Ct , Chair Date
DEC 0 7 2009
ATTEST:
LSAT
WELD
COUNTY ;._KTO''T.#FEBOAARD1BY: / �117i �S,'latee,c
Deputy Clerk t oard
STATE OF COLORADO ACTING BY AND
THROUGH THE BOARD OF TRUSTEES of
The UNIVERSITY OF NOERN COLORADO
By: Cc., .-Q, r! lit 9/9
Dr. Randal Haack Date
CFO and Senior Vice President for Finance and
Administratio
y:
Tobias Guzma
Assistant Vice President
Enroll rrt4nt Manae2ment and Student Access
"('1, /a 5
G. Hal Brown, Director of Dinning ervi es Date
WELD,Ol1NTY , EPARTMENT OF HUMAN SERVICES
By U(�� ( X //LUL /taj
J d A. Grego, Director Date
WEL.'D COUNTY AREA AGENCY ON AGING
c9OO9- 3/56
EXHIBIT F
State of Colorado
Supplemental Provisions for
Contracts, Grants, and Purchase Orders Using Funds
Provided under the
American Recovery and Reinvestment Act of 2009
As of 8-21-09
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in
whole or in part, with ARRA Funds. In the event of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of
the contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings
ascribed to them below.
1.1. "ARRA" means the American Recovery and Reinvestment Act of 2009, (Public Law 111-5).
1.2. "ARRA Funds" means any funds that are expended or obligated from appropriations made under
ARRA.
1.3. "ARRA Project" means a project or program funded directly by or assisted, in whole or in part, by ARRA
Funds.
1.4. "Contract" means the contract to which these Supplemental Provisions are attached and includes a
grant contract or a loan contract.
1.5. "Contracting Entity" means a Prime Recipient, a Subrecipient, or a Recipient Vendor.
1.6. "Contractor" means the party or parties to the Contract other than the Prime Recipient and includes a
grantee, subgrantee, or a borrower. For purposes of ARRA reporting, Contractor is either a Subrecipient
or a Recipient Vendor under this Contract.
1.7. "Entity" means a governmental body; legally recognized for profit or nonprofit business organization,
such as a corporation, limited liability company, or partnership; or sole proprietor and excludes individual
recipients of Federal assistance.
1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-
282).
1.9. "Prime Recipient" means a Colorado State Agency or Institution of Higher Education that receives
ARRA Funds directly from a Federal Agency in the form of a grant, loan, or cooperative agreement.
1.10. "Subcontractor!' means an Entity engaged by Contractor to provide goods or perform services in
connection with this contract.
1.11. "Subrecipient" means a non -Federal Entity receiving ARRA Funds through a Prime Recipient to support
the performance of the ARRA Project for which the ARRA Funds were awarded. A Subrecipient is
subject to the terms and conditions of the Federal award to the Prime Recipient, including program
compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee.
1.12. "Supplemental Provisions" means these Supplemental Provisions for Contracts and Grants Using
Funds Provided under the American Recovery and Reinvestment Act of 2009, as may be revised
pursuant to ongoing guidance from the relevant Federal or State of Colorado Agency or Institution of
Higher Education.
1.13. "Vendor" means a dealer, distributor, merchant or other seller providing goods or services required for a
project or program funded by ARRA. A Vendor is not subject to all the terms and conditions of the
Federal award, and all program compliance requirements do not pass through to a Vendor. However, a
Vendor may be subject to selected program compliance requirements. See §22 of these Supplemental
Provisions.
1.13.1 "Recipient Vendor" means a Vendor that receives ARRA Funds from a Prime Recipient.
1.13.2 "Subrecipient Vendor" means a Vendor that receives ARRA Funds from a Subrecipient.
Page I of4
2. Compliance. Contractor shall comply with all applicable provisions of ARRA and the regulations issued
pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions
or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of
either party executing any further instrument. The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such
revisions.
3. ARRA Contracts and Subcontracts. Contractor shall include these Supplemental Provisions in all of its
contracts and subcontracts using ARRA Funds, in whole or in part, and shall provide written notification of
revisions hereto to all parties to such contracts or subcontracts in accordance with §2 above. Contractor shall
ensure that all subcontractors comply with applicable provisions of ARRA.
4. Debarred or Suspended Entities. Contractor shall not enter into any contract or subcontract in connection
with this Contract with a party that has been debarred or suspended from contracting with the Federal
Government or the State of Colorado. See Excluded Parties List System at https://www.epls.gov/.
5. Conflict of Laws. In the event of a conflict between the laws of the State of Colorado or these Supplemental
Provisions and ARRA, ARRA shall control.
6. Whistle Blower Protection. ARRA §1553. Contractor shall not discharge, demote or otherwise discriminate
against an employee as a reprisal for disclosures by the employee of information that the employee reasonably
believes is evidence of: (a) gross mismanagement of a contract or grant relating to ARRA Funds; (b) a gross
waste of ARRA Funds; (c) a substantial and specific danger to public health or safety related to the
implementation or use of ARRA Funds; (d) an abuse of authority related to implementation or use of ARRA
Funds; or (e) a violation of law, rule, or regulation related to a contract, including the competition for or
negotiation of a contract or grant, awarded or issued relating to ARRA Funds. Contractor shall post a notice of
the rights and remedies available to employees under ARRA §1553 in all workplaces where employees perform
work that is funded in whole or in part by money authorized under the ARRA. A sample notice can be found at
www.recovery.gov/?q=content/whistleblower-information. Contractor specifically acknowledges that Contractor
and its employees are aware of and shall abide by the provisions of ARRA §1553. Contractor shall include the
language and requirements of this subsection ("Whistleblower Protection under §1553 of the ARRA") in all of its
contracts and agreements with employees, subcontractors and anyone else who performs work on behalf of
Contractor.
7. False Claims Act. 31 U.S.C. §§3729-3733. Contractor shall refer promptly to an appropriate Federal Inspector
General any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor or other
person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of
laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving ARRA funds.
8. Reporting of Fraud, Waste, and Abuse. Contractor shall also refer promptly to the Colorado Office of the
State Controller (OSC) any credible evidence that a principal, employee, agent, contractor, subgrantee,
subcontractor, or other person has committed a criminal or civil violation of laws pertaining to fraud, waste, and
abuse involving ARRA Funds. The OSC shall report such incidents of misconduct to the appropriate State
Agency and appropriate Federal authority. Contact information for reporting fraud, waste, and abuse to the
OSC is located at http://www.colorado.gov/dpa/dfp/sco/contracts/ARRA/ARRA_Main_Page.htm
9. Inspection of Records. ARRA §§902, 1515. Contractor shall permit the United States Comptroller General
and his or her representatives or any representative of an appropriate Inspector General appointed under §3 or
§8G of the Inspector General Act of 1978, as amended (5 U.S.C. App.) to: (a) examine any records of the
Contractor or any of its Subcontractors that directly pertain to, and involve transactions relating to this Contract
or any contract or subcontract using ARRA Funds; and (b) interview any officer or employee of Contractor or
any of its Subcontractors regarding such transactions. Contractor shall permit the State of Colorado, the
Federal Government or any other duly authorized agent of a governmental agency with jurisdiction to audit,
inspect, examine, excerpt, copy and/or transcribe Contractor's or such Subcontractor's records during the term
of this Contract and for a period of three years following termination of this Contract or final payment hereunder,
whichever is later, to assure compliance with these terms or to evaluate Contractor's performance hereunder.
Page 2 of 4
10. Wage Rate Requirements — Davis -Bacon Wage Determinations. ARRA §1606. Contractor and its
Subcontractors shall pay all laborers and mechanics employed on ARRA Projects by Contractor or any of its
Subcontractors at wage rates not less than those prevailing on projects of a character similar in the locality, as
determined by the United States Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40
of the United States Code. The Secretary of Labor's determination regarding the prevailing wages applicable in
Colorado is available at http://www.gpo.gov/davisbacon/co.html.
11. Job Opportunity Posting Requirements. Governor's Executive Order D 01409. Contractor shall post notice
of job openings created by ARRA funded projects on the Colorado Department of Labor and Employment job
website, http://www.connectingcolorado.com. In the performance of this duty, Contractor and any of its
Subcontractors shall post jobs on Connecting Colorado Job Site that clearly designates the job opening as an
ARRA job in a form and manner prescribed by the Colorado Department and Labor and Employment.
12. Buy American Requirement - Construction. ARRA §1605. All iron, steel and manufactured goods used in
any ARRA Project for the construction, alteration, maintenance, or repair of a public building or public work
shall be produced in the United States in a manner consistent with United States obligations under international
agreements. This requirement can be waived only by the awarding Federal Agency in limited situations.
13. Environmental and Preservation Requirements. ARRA §1609. Contractor shall comply with all applicable
Federal, State, and Local environmental and historic preservation requirements and shall provide any
information requested by the awarding Federal Agency to ensure compliance with applicable laws, including
National Environmental Policy Act, as amended (42 U.S.C. 4321-4347) and National Historic Preservation Act
(16 U.S.C. 470 et seq.).
14. Non-discrimination. Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964 (42
U.S.C. §2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), Title IX of the
Education Amendments of 1972 (20 U.S.C. 1681-1688), the Age Discrimination Act of 1975 (42 U.S.C.6101-
6107), and other civil rights laws applicable to recipients of Federal financial assistance.
15. Identification and Registration Information. If Contractor is a Subrecipient, Contractor shall obtain a Dun &
Bradstreet DUNS number (or update the existing DUNS record), and register with the Central Contractor
Registration (CCR), the primary registrant database for the Federal government.
16. Fixed Price — Competitively Bid. ARRA §1554. Contractor, to the maximum extent possible, shall award
subcontracts as fixed -price subcontracts under this Contract using competitive bid procedures. Contractor shall
provide to its Contracting Entity a summary of any contract or subcontract awarded using ARRA Funds that is
not fixed -price or not awarded using competitive procedures.
17. Publication. Contractor shall include the Colorado Recovery logo on all project signage, and is encouraged, to
the maximum extent possible, to use the logo on all other publications in connection with the activities funded
by the Prime Recipient that use ARRA funds.
18. Prohibition on Use of Funds. ARRA §1604. ARRA funds shall not be used for any casino or other gambling
establishment, aquarium, zoo, golf course, or swimming pool.
19. Enforceability. If Contractor fails to comply with all applicable Federal and State requirements governing the
use of ARRA funds, the State of Colorado may withhold or suspend, in whole or in part, funds awarded under
the ARRA project, or recover misspent funds following an audit pursuant to §9, above. The remedy under this
provision shall be in addition to all other remedies provided to the State of Colorado for recovery of misspent
funds available under all applicable State and Federal laws.
20. One Time Funding. Contractor acknowledges and understands that ARRA Projects will not be continued with
funds appropriated by the State of Colorado after ARRA Funds are expended or are no longer available.
21. Segregation of Costs. Contractor shall segregate obligations with respect to and expenditures of ARRA Funds
from other sources of funding. ARRA Funds shall not be comingled with any other funds or used for a purpose
other than the payment of costs allowable under ARRA.
Page 3 of 4
22. Reporting. §1512, FFATA §2. Contractor shall report to its Contracting Entity the data elements required in
§23 if Contractor is a Subrecipient or in §24 if Contractor is a Recipient Vendor. No direct payment shall be
made to Contractor for providing any reports required under these Supplemental Provisions, as the cost of
producing such reports shall be deemed included in the Contract price. The reporting requirements in §§23
and 24 are based on guidance from the US Office of Management and Budget (OMB), and as such are subject
to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and
shall become part of Contractor's obligations under this Contract. The State may provide written notice to
Contractor of any such change in accordance with §2 above, but such notice shall not be a condition precedent
to Contractor's duty to comply with revised OMB reporting requirements. The Colorado Office of the State
Controller shall provide summaries of revised OMB reporting requirements as well as reporting templates for
Subrecipients and Recipient Vendors at:
http://www. colorado.gov/d pa/dfp/sco/contracts/AR RA/AR RA_Mai n_Page. htm
23. Subrecipient Reporting. If Contractor is a Subrecipient, Contractor shall report to its Contracting Entity as set
forth below.
23.1 Initial Reporting. A Subrecipient shall report the following data elements to its Contracting Entity upon
the effective date of the contract:
23.1.1 Subrecipient DUNS Number
23.1.2 Congressional District of Subrecipient
23.1.3 Primary Place of Performance Information, including: Street Address, State, Country, City, Zip
code + 4
23.1.4 Subrecipient Officers' Names (Top 5) if all three criteria are met:1) 80% or more of Subrecipient's
annual gross revenue is from Federal contracts, 2) Subrecipient's annual gross revenue from
Federal contracts is $25 million or more, and 3) Subrecipient's officer names are not publicly
available. See page 19 of Recipient Reporting Data Model V3.0 for Quarter Ending September
30, 2009 at http://www.colorado.gov/dpa/dfp/sco/contracts/ARRA/ARRA_Main_Page.htm.
23.1.5 Subrecipient Officers' Total Compensation (Top 5) if criteria in §23.1.4 met
23.2 Monthly Reporting. A Subrecipient shall report to its Contracting Entity no later than the 25th day of
each month the following inception -to -date data elements as of the end of the prior month:
23.2.1 Job Creation Narrative for both the Subrecipient and the Subrecipient's Vendors
23.2.2 Number of Jobs Created or Retained for both the Subrecipient and the Subrecipient's Vendors
23.2.3 SubAward number or other identifying number assigned by the Subrecipient to each Subrecipient
Vendor (this number cannot be a personal identifying number such as a social security number
or federal employer identification number)
23.2.4 Vendor name and Zip code + 4 of Vendor's Headquarters for each Subrecipient Vendor; the
Subrecipient Vendor's DUNS number may also be provided if available
23.2.5 Subrecipient shall establish reporting deadlines for its Subrecipient Vendors.
24. Recipient Vendor Reporting. A Recipient Vendor shall report to its Contracting Entity no later than the 25`"
day of each month the following inception -to -date data elements as of the end of the prior month:
24.1.1 Job Creation Narrative
24.1.2 Number of Jobs Created or Retained
25. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default
under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if
the default remains uncured five calendar days following the notice period. This remedy will be in addition to
any other remedy available to the State of Colorado under the Contract, at law or in equity.
26. Reporting Framework — see chart below.
FederalAgency
Prime Recipient
Subrecipient —
Subrecipient Vendor
Recipient Vendor
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