HomeMy WebLinkAbout20032548.tiff RESOLUTION
RE: APPROVE 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 Intergovernmental Agreement for
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
January 1, 2004, and ending December 31, 2009, with further terms and conditions being as
stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Intergovernmental Agreement for 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of September, A.D., 2003.
B D OF COUNTY COMMISSIONERS
EL /J �� / WE COU TY, O RADO
s y= �y vid E. Lon , Chair
id Cout1tt Le to the Bo d
Ro ert D. sd n, Pro-Tem
Deputy'Clerk to the Board
M. J. eile /
A O ASS�p �.
Willir H. Jer
County kttornei as vac
Glenn v`aaq. J
Date of signature: 9%c2 l'7
2003-2548
HR0074
un�
State of Colorado
University of Northern Colorado
Auxiliary Services
Housing 8 Dining Services
Contract Routing No.GKA03-0111
INTERGOVERNMENTAL AGREEMENT
FOR THE PURCHASE OF FOOD PREPARATION SERVICES
This INTERGOVERMENTAL AGREEMENT is made and entered into this _ day of August
2003, by and between the Board of County Commissioners of Weld County, Colorado, on behalf of
the Weld County Division of Human Services' Area Agency on Aging, whose address is 1551 North
17th Ave., Greeley, Colorado 80631, hereinafter referred to as the "Nutrition Program", and the
University of Northern Colorado, Auxiliary Services for the benefit of Dining Services, whose address
is 501 20th Street, Greeley Colorado 80639, hereinafter designated as the "State".
FACTUAL RECITALS
A. The parties hereto are authorized to enter into governmental agreements pursuant to the provisions of
the Colorado Constitution, state statute, and home rule charter in order to better serve the citizens of
Weld County and the State of Colorado.
B. State is a state agency organized by statute under CRS 23-40-101, et seq., and the Nutrition
Program is organized under the provisions of Weld County home-rule charter.
C. The parties contemplate entering into an agreement whereby the State will provide meals to
qualifying older citizens residing in Weld County, Colorado, under the Nutrition Program.
D. The Nutrition Program has no facilities or staff to provide such meals without assistance.
E. State has the facilities and staff to enable the Nutrition Program to provide such meals.
F. The parties deem it to be in their joint best interests to contract with each other for the purpose of
providing the necessary meals for Weld County residents.
NOW, THEREFORE, in consideration of the above and the mutual promises contained herein, the
parties agree as follows:
1. Scope of Work. The parties agree that the State shall provide the following services:
a. prepare meals as specified by the Nutrition Program's nutrition consultant, Monday through
Friday, except on vacation and storm days
b. when purchasing food with federal funds and whenever possible, purchase only food products
that are produced i n the U nited States. The purchase requirement does not a pply t o instances
when (1) recipients have unusual or ethnic food preferences that can only be met through
purchases of products not produced in the United States; (2) the product is not produced in the
United States in sufficient quantity and quality; or (3) the cost of the United States product is
significantly higher than foreign products
c. maintain the nutritional standards set forth by the Nutrition Program and not substitute menu
selections without the permission of the Nutrition Program
d. make menus available at least three weeks in advance of each menu cycle change
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e. collaborate with the Division of Human Services to ensure that the Nutrition Program consultant
writes menus in accordance with standards set by the Older Americans Act and the Colorado
Department of Human Services
f. ensure that the State or the Nutrition Program do not interfere with any other State's activities
outside of this Agreement.
2. Term of the Intergovernmental Agreement. This Agreement shall be effective on January 1,
2004 and shall expire December 31, 2009. State may request in November of each year an increase
in rate of reimbursement at a rate not to exceed the change in the preceding calendar year's
Consumer Price Index— All Urban Consumers for the Denver/Boulder/Greeley area as determined by
the U.S. Department of Labor, Bureau of Labor Statistics. The request will be reviewed and adjusted
effective the first day of January, for the following twelve months, and put i n p lace i n the general
format as set out in Exhibit A, which is attached hereto and incorporated herein by reference.
3. Payment Terms. The parties agree that the Nutrition Program agrees to pay the State for services
performed under this Agreement as follows:
a. reimburse State $3.75 for a complete meal, including 1/2 pint of 2% milk. State shall be
reimbursed on a monthly basis
b. submit reimbursement vouchers by the tenth working day of each month
c. provide state and federal funding sources the opportunity to review all records maintained by
State for the Nutrition Program auditing purposes
4. Inspection and Acceptance. The Nutrition Program, Colorado Department of H uman Services
and the Weld County Department of Public Health and Environment reserves the right to inspect
preparation and quality of the meals served under this Agreement at all reasonable times and places
during the term of the Agreement. Inspection and Acceptance as used in this clause includes quality
of food products, manner of preparation and service provided during the performance of the scope of
work. If any of the services provided or any food products or preparation does not conform to contract
requirements, the Nutrition Program may require the State to prepare the food products again or
provide the services again in conformity with Agreement requirements. When defects in the quality or
quantity of service cannot be corrected by performance, the Nutrition Program may be required to
take necessary action to ensure that the future performance conforms to established requirements.
5. Software Piracy Prohibition. No State or other public funds payable under this Agreement shall
be used for the acquisition, operation or maintenance of computer software in violation of United
States copyright laws or applicable licensing restrictions. The Nutrition Program hereby certifies that,
for the term of this Agreement and any extensions, the Nutrition Program has in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that the
Nutrition Program is in violation of this paragraph, the State may exercise any remedy available at law
or equity or under this Agreement, including, without limitation, immediate termination of the
Agreement and any remedy consistent with United States copyright laws or applicable licensing
restrictions.
6. Legal Authority. Both parties warrants that they possess the legal authority to enter into this
Agreement and that they have taken all actions required by established procedures, by-laws, and/or
applicable law to exercise that authority, and to lawfully authorize their undersigned signatory to
execute this Agreement and to bind the other to its terms. The persons executing this Agreement on
behalf of each party warrant that such person has full authorization to execute this Agreement.
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7. Confidentiality. It may be necessary for the employees or agents of the Nutrition Program to
disclose confidential information to the State's representatives so they can perform the work described
herein. A t the time o f disclosure, the N utrition Program's personnel s hall m ark a II data to b e held
confidential with the words "Confidential Information". Confidential information will not include
information that
a. at the time of disclosure or subsequent to that time is generally available to the public
b. is known by the State at the time of disclosure and substantiated in written documents; or,
c. is made known to the State by a third party not connected with State or the Nutrition
Program.
Except as may otherwise be required by law, both parties agree to use best efforts to: maintain the
confidentiality of the information; not use the information for any purposes other than contained in the
scope of work defined in this Agreement; and not disclose the information to anyone other than those
directly involved with this Agreement.
8. Assignment. Neither party shall assign or transfer any interest in this Agreement, delegate any of
its obligations, nor assign any claims for money due or to become due under this Agreement, without
the prior written approval of the other party.
9. Termination. Either party may terminate this Agreement upon not less than 90 days' prior written
notice to the other party. If notice is so given, this Agreement shall terminate upon the expiration of
the specified time period, and the liability of the parties hereunder for further performance of the terms
of this Agreement shall thereupon cease; however, neither party shall be released from its duty to
perform until the date of termination. This Intergovernmental Agreement shall be terminated
immediately in the event the Nutrition Program loses funding, except that the Nutrition Program shall
be liable to the State for the cost of any products purchased specifically for the Nutrition Program and
not otherwise useable by the State.
10. Changes and Amendments. No amendment to this Agreement shall be valid unless it is made in
a writing signed by the authorized representatives of the parties.
11. Notices. All notices required to be given under this Agreement shall be deemed given when
delivered by certified mail, return receipt, or on the next business day following delivery by facsimile
transmission if a facsimile telephone number to the designated representatives of the parties.
12. Liability; Insurance. Both parties are public entities within the meaning of the Colorado
Governmental Immunity Act, CRS 24-10-101, et seq., as amended ("Act"). Both parties shall at all
times during the term of this Agreement maintain such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the Act. Nothing in this Agreement shall be
construed as a waiver of the protections of said Act. Nutrition Program is self-insured under Weld
County's home-rule charter. Upon request by either party, the other party shall show proof of such
insurance. Each party hereto agrees to be responsible for its own wrongful or negligent acts or
omissions, or those of its officers, agents, or employees to the full extent allowed by law.
13. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in the District Court
in and for the City and County of Denver, State of Colorado.
14. Third Party Beneficiaries. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement and all rights of action relating to such enforcement shall be
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strictly reserved to the State and the Nutrition Program. Nothing contained in this Agreement shall
give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of State and the Nutrition Program that any such person or entity, other than State or the
Nutrition Program, receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
15. Waiver. The waiver of any breach of a term, provision, or requirement of this Agreement shall not
be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
16. Entire Understanding. This Agreement is intended as the complete integration of all
understandings between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or affect whatsoever, unless embodied herein in writing. No
subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or
effect unless embodied in a writing executed and approved pursuant to the state fiscal rules.
17. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Agreement, any exhibits or attachments
hereto which may require continued performance, compliance, or effect beyond the termination date
of the Agreement shall survive such termination date and shall be enforceable by either party
provided herein in the event of such failure to perform or comply by the other party.
20. Licenses, Permits, and Responsibilities. State certifies that, at the time of entering into this
Agreement, it has currently in effect all necessary licenses, certifications, approvals, and permits
required to properly perform the services covered by this Agreement. State warrants that it will
maintain all necessary licenses, certifications, approvals, and permits required to properly perform this
Agreement, without reimbursement b y the N utrition Program o r other adjustment i n contract p rice.
Additionally, all employees of State performing services under this Agreement shall hold the required
licenses or certification, if any, to perform their responsibilities. Any revocation, withdrawal or non-
renewable of necessary licenses, certifications, approvals and permits required for State to properly
perform this Agreement, shall be grounds for termination of this Agreement by the Nutrition Program.
21. Tax Exempt Status. The Nutrition Program and the State are tax-exempt and are not liable for
sales, use, excise, property or other taxes imposed by any federal, state or local governmental taxing
authority.
22. Independent Contractor. 4 CCR 801-2. The parties shall perform its duties hereunder this
Agreement as independent contractors and not in the capacity of an employee/employer relationship.
Neither the Nutrition Program nor any agent or employee of the Nutrition Program shall be or shall be
deemed to be an agent or employee of the State. Nutrition Program shall pay when due all required
employment taxes and income tax o n any monies t hat may b e p aid b y the State p ursuant to this
Agreement. Nutrition Program acknowledges that its employees are not entitled to unemployment
insurance benefits unless the Nutrition Program or third party provides such coverage and that the
State does not pay for or otherwise provide such coverage. Nutrition Program shall have no
authorization, express or implied, to bind the State to any agreements, liability, or understanding
except as expressly set forth herein. Nutrition Program shall provide and keep in force Workers'
Compensation (and provide proof of such insurance when requested by the State) and unemployment
compensation insurance in the amounts required by law, and shall be solely responsible for the acts
of the Nutrition Program, its employees and agents.
23. Non-Discrimination. The parties agree to comply with the letter and the spirit of all applicable
state and federal laws respecting discrimination and unfair employment practices.
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24. Software Piracy Prohibition Governor's Executive Order D 002 00. No State or other public
funds payable under this Agreement shall be used for the acquisition, operation or maintenance of
computer software in violation of United States copyright laws or applicable licensing restrictions.
Parties certify that, for the term of this Agreement and any extensions, the they have in place
appropriate systems and controls to prevent such improper use of public funds.
25. Employee Financial Interest. CRS 24-18-201 & CRS 24-50-507. The signatories aver that to
their knowledge, no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or property described herein.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
NUTRITION PROGRAM: WELD-C D ISION OF HUMAN SERVICES
WELD COUNTY BOARD OF COUNTY
COMMI ONERS,COLORADO By:
W t peckman, Executive Director Date
By: 4 E SEP 0 3 2003 WELD COUNTY CLERK TO THE BOARD
David E. Long,Chair y j�L._ SEP 0 3 2003
B :
ATTEST: , .` la Depu -et' c to the Board Date
• 2003 WELD COUNTY AREA ON AGING
By:
Donald D.Warden ,+ 8 'A �"e 7 By: La r i..i vlo R-27- 72
ATTESTING TO BOARD OF COUNTY ♦ Os P Eva Jewell, Dir �r Date
COMMISSIONER_ ONLY , �
STATE ` sr_�,
BILL OWENS, GOVERNOR tib u�
ACTING BY AND THROUGH THE BO• -ii RUSTEES OF
THE U2IVERSITY OF NORTHERN COLORADO
B4/[{1�� (//r/°3
ces L.Schoneck Oat
Vice President for Administration
Treasurer to Board of Trustees
Auxiliary Services
rt J. el,Assi nt Vice President Date
Dining Se zee) 41
2
By: LU' I g—Y--C
Hal Brown, Interim Director Dat
APPROVED AS TO-I •
,
By: %i ; � -0 3
Ronald.fr La en,G era oun el Date
5.
MEMORANDUM
a
rittlil DATE: August 27, 2003
TO: David E. Long, Chair, Weld County Board of Commissioners
"ilk Division \ . -
COLORADO FROM.Walter Speckman, Executive Director, of Human .�,
Services
SUBJECT: Intergovernmental Agreement between the Division of
Human Services Area Agency on Aging and the
University of Northern Colorado, Auxiliary Services
Enclosed for Board approval is the intergovernmental agreement between the University of
Northern Colorado, Auxiliary Services and the Division of Human Services' Area Agency on
Aging. This agreement will allow the University to provide meals for the Area Agency on Aging
Senior Nutrition Program. The terms of the agreement are from January 1, 2004 to December
31, 2009. The cost per meal of the meal will be $3.75 with the option to negotiate annual
increases based on the Consumer Price Index. Under this agreement the University will prepare
approximately 72,500 meals per year to serve approximately 2,500 Weld County older adults at
23 sites throughout the county.
Questions maybe directed to Eva Jewell,Director Weld County Area Agency on Aging at 353-3800,
extension 3331.
2003-2548
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