HomeMy WebLinkAbout972471.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE OF FOOD
PREPARATION SERVICES AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an 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 January 1, 1998, and ending December 31, 2003, 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 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 agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of December, A.D., 1997.
Weld County Clerk to the Board
BY.
Deputy Clerk to the Board
AP" • ' . AS T• ORM:
ounty A orney
GC ; //3; uNG
ebster
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
George . Baxter, Chair
ZA.:17
Constance L. Harbert, r -Tem
Daley K. Hall
Y.k
Barbara J. Kir eye
972471
HR0068
INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE OF
FOOD PREPARATION SERVICES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of
\LUNtA}V), 1952 by and between the Board of County Commissioners of Weld County, Colorado,
on behalf of the Weld County Division of Human Resources' Area Agency on Aging, hereinafter
referred to as the "Nutrition Program," whose address is 1551 N. 17th Ave., Greeley, Colorado
80631, and the University of Northern Colorado, hereinafter designated as the "Vendor", whose
address is 50120th Street, Greeley, Colorado 80639.
WITNESSETH:
WHEREAS, the parties hereto are authorized to enter into intergovernmental agreements
pursuant to 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, and
WHEREAS. Nutrition Program provides meals to qualifying older citizens of the County of
Weld, State of Colorado, and
WHEREAS, Nutrition Program has no facilities or staff to provide such meals without
assistance, and
WHEREAS. Vendor has the facilities and staff to enable Nutrition Program to provide such
meals, and
WHEREAS, 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.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the Nutrition Program and Vendor agree as follows:
1. TERM: The term of this Intergovernmental Agreement shall be from January I, 1998,
through December 31, 2003. The Intergovernmental Agreement is subject to termination by
either party at any time for lack of funding, pursuant to the provisions of Paragraph 4.
2. SERVICES TO BE PERFORMED BY VENDOR Vendor agrees to perform the following
services:
a. Prepare meals, as specified by the Nutrition Pro gram's Nutrition Consultant, Monday
through Friday except on vacation and storm days.
b. When purchasing food products with federal funds and whenever possible, purcba e
only food products that are produced in the United States. The purchase requirement
does not apply in instances when (1) recipients have unusual or ethnic food
preferences that can only be met through purchases of products not purchased in the
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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
substitue menu selections without the permission of the Nutrition Program.
d. Submit necessary reimbursement vouchers by the tenth working day of each month.
e. Provide State and Federal funding sources the opportunity to review all records
maintained by the Vendor for the Nutrition Program for auditing purposes.
3. NUTRITION PROGRAM AGREES: Nutrition Program agrees to do the following:
a. Reimburse Vendor $2.98 for a complete meal, including %2 pint of milk.
Reimbursement of the Vendor shall take place on a monthly basis. The
reimbursement will be reviewed and adjusted for inflation based on the increase in
the Consumer Price Index, C.P.I., in the Denver Metro Area. The new rate will be
implemented every year on the first day of January, for the following twelve months.
b. Ensure that the Nutrition Program Consultant write menus in accordance with
standards set by the Older Americans Act and the State Department of Social
Services. The Nutrition Program agrees that such menus will be made available to
the Vendor at least three weeks in advance of each menu cycle change.
c. Provide Vendor with donated commodities, if they are made available through the
United States Department of Agriculture. Vendor agrees that all donated
commodities will be used for the benefit of persons receiving meals provided though
the Vendor to the Nutrition Program. Vendor further agrees that the cash value of
the commodities will be deducted from the cost of meals provided to the Nutrition
Program.
d. Not interfere with any other ongoing activities of the Vendor.
4. INTERGOVERNMENTAL AGREEMENT SUBJECT TO FUNDING AVAILABILITY:
This IntergovernmentalAgreement shall be terminated immediately in the event of a loss of
funding to the Nutrition Program.
5. AMENDMENTS: This Intergovernmental Agreement may be amended at any time upon
sixty (60)days written notice by either the Nutrition Program or Vendor with the consent of
both parties.
6. SEVERABILITY: If any term or condition of this Intergovernmental Agreement shall be
held to be invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be
construed and enforced without such provision to the extent that this Intergovernmental
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Agreement is then capable of execution within the original intent of the parties hereto.
7. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Intergovernmental
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Intergovernmental Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this
IntergovernmentalAgreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this
Intergovernmental Agreement shall be an incidental beneficiary only.
8. MODIFICATION AND BREACH: This Intergovernmental Agreement contains the entire
Intergovernmental Agreement and understanding between the parties to this
Intergovernmental Agreement and supersedes any other Intergovernmental Agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this IntergovemmentalAgreement
shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of this
Intergovernmental Agreement shall be deemed waived or excused, unless such waiver or
consent by any party hereto, or waiver of a breach by any other party, whether express or
implied, shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
9. NO WAIVER OF IMMUNITIES: No portion of this IntergovernmentalAgreement shall be
deemed to constitute a waiver of any immunities the parties of their officers or employees
may possess, nor shall any portion of this IntergovemmentalAgreement be deemed to create
a duty of care with respect to any persons not a party to this Intergovernmental Agreement.
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1. This contract shall not be deemed valid until is shall have been approved by the Controller
of the State of Colorado or such assistant as he may designate. This provision is applicable to any
contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the
construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct,
tunnel, excavation or other public work for this State, the contractor shall, before entering upon the
performance of any such work included in this contract, duly execute and deliver to the State official
who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by
said official in a penal sum not less than one-half of the total amount payable by the terms of this
contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the
faithful performance of the contract and in addition, shall provide that if the contractor or his
subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, provender
or other supplies used or consumed by such contractor or his subcontractor in performance of the
work contracted to be done or fails to pay any person who supplies rental machinery, tools, or
equipment in the prosecution of the work the surety will pay the same in an amount not exceeding
the sum specified in the bond, together with interest at the rate of eight percent per annum. Unless
such bond is executed, delivered and filed, no claim in favor of the contractor arising under such
contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order
payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond, This provision
is in compliance with CRS 38-26-106.
INDEMNIFICATION
4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless
the State, its employees and agents, against any and all claims, damages, liability and court awards
including costs, expenses, and attorney fees incurred as a result of any act or omission by the
contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this
contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The contractor agrees to comply with the letter and spirit of the Colorado
AntidiscriminationAct of 1957, as amended, and other applicable law respecting discriminationand
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unfair employment practices (CRS 24-34-402), and as required by Executive Order, Equal
Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following
provisions shall be contained in all State contracts or sub -contracts.
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or
physical handicap, or age. The contractor will take affirmative action to insure that applicants are
employed, and that employees are treated during employment, without regard to the above
mentioned characteristics. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, recruitment or recruitment advertisings; lay-offs or
terminations; rates of pay or other forms of compensation; and selection for training, including
apprenticeship, The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth provisions
of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or
physical handicap, or age.
(c ) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, notice to be provided by
the contracting officer, advising the labor union or workers' representative of the contractor's
commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16,
1975, and of the rules, regulations, and relevant Orders of the Governor.
(d) The contractor and labor unions will furnish all information and reports required by
Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules,
regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books,
records, and accounts by the contracting agency and the office of the Governor or his designee for
purposes of investigation to ascertain compliance with such rules, regulations and orders.
(e) A labor organization will not exclude any individual otherwise qualified from full
membership rights in such labor organization, or expel any such individual from membership in such
labor organization or discriminate against any of its members in the full enjoyment of work
opportunity because of race, creed, color, sex, national origin, or ancestry.
(f) A labor organization, or the employees or members thereof will not aid, abet, incite,
compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or
prevent any person from complying with the provisions of this contract or any order issued
thereunder; or attempt, either directly or indirectly, to commit any act defined in this contract to be
discriminatory.
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(g) In the event of the contractor's non-compliance with the non-discrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for further
State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity
and Affirmative Action of April 16, 1975, and the rules, regulations, or orders promulgated in
accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked
as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by
rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs (a) through (h) in every sub-
contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued
pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take such
action with respect to any sub -contracting or purchase order as the contracting agency may direct,
as a means of enforcing such provisions, including sanctions for non-compliance: provided,
however, that in the event the contractor becomes involved in, or is threatened with, litigation, with
the subcontractor or vendor as a result of such direction by the contracting agency, the contractor
may request the State of Colorado to enter into such litigation to protect the interest of the State of
Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to
this contract if public works within the State are undertaken hereunder and are financed in whole or
in part by State funds.
b. When a construction contract for a public project is to be awarded to a bidder, a resident
bidder shall be allowed a preference against a non-resident bidder from a state or foreign country
equal to the preference given or required by the state of or foreign country in which the non-resident
bidder is a resident. If it is determined by the officer responsible for awarding the bid that
compliance with this subsection .06 may cause denial of federal funds which would otherwise be
available or would otherwise be inconsistent with requirements of Federal law, this subsection shall
be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the
inconsistency with Federal requirements (CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall
be applied in the interpretations, execution, and enforcement of this contract. Any provision of this
contract whether or not incorporated herein by reference which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall
be considered null and void. Nothing contained in any provision incorporated herein by reference
which purports to negate this or any other special provision in whole or in part shall be valid or
enforceable or available in any action at law whether by way of complaint, defense, or otherwise.
Any provision rendered null and void by the operation of this provision will not invalidate the
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remainder of this contract to the extent that the contract is capable of execution.
8. At all times during the performance of this contract, the Contractor shall strictly adhere
to all applicable federal and state laws, rules, and regulations that have been or may hereafter be
established.
9. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and
Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of Public Office), and that no violation of
such provisions is present.
10. The signatories aver that to their knowledge, no state employee has any personal or
beneficial interest whatsoever in the service or property described herein:
REOF, the Nutrition Program and the Vendor have executed this
of the date first written above.
IN WITN
Intergove
Al !EST:
Deputy Cl
BOARD OF CO �"" OMMISSIONERS
OF WELD COUNTY
By:
George E. Baxter, Chairman (12/01/ 9 7)
APPROVED AS TO SUBSTANCE:
I
l
Wal ex J. Speckman, Executive Director,
Wel.-County Division of Human Services
fi
Linda E. Piper, Director
Weld County division of Human Services
Area Agency on Aging
STATE OF COLORADO
ROY ROMER, GOVERNOR
BY AND ON BEHALF OF
THE BOARD OF TRUSTEES
OF THE UNIVERSITY OF
NORTHERN COLORADO
By:, _ Lt--r-c o
Fr ces L. Schoneck, Vice President
Interim Vice President of Administration
By:
Page 7 of 7
Rob&rt J. feel, Exe ttve Director
Auxiliary S ces
University Counsel
I£aiII5�iz Khalili, Din
U.N.C. Dining Services
MEMO
To: George E. Baxter, Chair Board of County Commissioners,
From: Walter J. Specicman, Executive Director Human Services
Subject: Intergovernmental Agreement for Food Services
Date: November 25, 1997
C! c;(
Enclosed for Board approval is an intergovernmental agreement between the Board of
Commissioners and the University of Northern Colorado to provide meals for the Area Agency
on Aging Senior Nutrition Program.
The terms of the agreement are from January 1, 1998 to December 31, 2003 with the option for
either party to cancel the agreement with notification. The cost per meal is at its current rate of
$2.98 per meal with the option to negotiate annual increases based on the Consumer Price Index.
Under this agreement, the University Food Service will prepare approximately 70,000 meals per
year to serve approximately 3,000 Weld County older adults at 22 serving sites throughout the
county.
972471
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