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Home My WebLink About20230506.tiffCon -1v acf-Ilk q 553 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Professional Services Agreement Amendment #3 with Commission Now, LLC dba The Greeley Gopher through Request for Proposal (REP) Bid #82300041 DEPARTMENT: Human Services DATE: June 10, 2025 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department entered into Professional Service Agreement (PSA) with Commission Now, LLC dba The Greeley Gopher through Request for Proposal (REP) Bid #B2300041, identified as Tyler ID 2023-0506. This Agreement was issued for a period of one (1) year with the option to renew for three (3) additional one (1) year terms upon mutual written agreement. On June 5, 2023, the Board approved Amendment #1 which amended Exhibit D, Modified Scope and Rates. On June 17, 2024, the Board approved Amendment #2 which extended the term through June 30, 2025; amended Appendix D, List of Scheduled County or Food Vendor Holidays/Closures; Appendix E, Fuel Surcharge Allowance Schedule and Exhibit D, Modified Scope and Rates. The Department is now requesting approval of Amendment #3 which extends the term through June 30, 2026 and updates Appendix D, List of Scheduled County or Food Vendor Holidays/Closures. What options exist for the Board? Approval of the PSA Amendment #3. Deny approval of the PSA Amendment #3. Consequences: The Department will not have a current agreement with the above provider. Impacts: The Department will not be able to offer services to eligible clients in Weld County. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Funded through Older American Act Grant funding. Pass -Around Mem randum; June 10, 2025 - CMS ID 9553 Conk cc 0yibase (DH -S) 2073- 051p �o/IlQ�2 (co o/7S I WGIS Recommendation: • Approval of the Professional Services Agreement Amendment #3 and authorize the Chair to sign. Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross Support Recommendation Place on BOCC Agenda Pass -Around Memorandum; June 10, 2025 — CMS ID 9553 Schedule Work Session Other/Comments: AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COMMISSION NOW, LLC DBA THE GREELEY GOPHER This Agreement Amendment made and entered into 1 W day of Jls1., , 2025 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department", and Commission Now, LLC dba The Greeley Gopher, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Senior Nutrition Program Meal Delivery Services, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-0506, approved on May 15, 2023. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement was set to end on June 30, 2024. The Original Agreement was amended on: June 5, 2023 to amend Exhibit D, Modified Scope and Rates. June 17, 2024 to extend the term through June 30, 2025; amend Appendix D, List of Scheduled County or Food Vendor Holidays/Closures; amend Appendix E, Fuel Surcharge Allowance Schedule and amend Exhibit D, Modified Scope and Rates. The Amendments are identified by the Weld County Clerk to the Board of County Commissioners as document number 2023-0506. These Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement effective July 1, 2025: 1. Paragraph 3. Term This agreement is being renewed for the third year, for the period of July 1, 2025 through June 30, 2026. 2. Appendix D, List of Scheduled County or Food Vendor Holidays/Closures is hereby amended as attached. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: ;r ., m BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: eputy Clerk to the ?f• ard� n�� Perry L. ck, Chair JUN 1 6 2025 NTRACTOR: ommission Now, LLC dba The Greeley Gopher 2881 South 31. Avenue, Suite 4-100 Greeley, Colorado 80631 Murk L4rrx By: Mark Laux (Jun 6, 202517:05 MDT) Mark Laux, Owner Date: 06/06/2025 2023- d50o APPENDIX D List of Scheduled County or Food Vendor Holidays/Closures 2025/2026 Meal Site Closure Dates Monday, January 19, 2026 (Martin Luther King Jr. Day) Monday, February 16, 2026 (President's Day) Monday, May 25, 2026 (Memorial Day) Thursday, June 19, 2026 (Juneteenth) Thursday, July 4, 2025 (Independence Day) Monday, September 1, 2025 (Labor Day) Monday, November 11, 2025 (Veterans Day) Thursday, November 27, 2025 (Thanksgiving) Friday, November 28, 2025 (day after Thanksgiving) Tuesday, December 22, 2025 — January 2, 2026 (Food Vendor Holiday Break) SIGNATURE REQUESTED: Weld/Greeley Gopher Amendment #3 Final Audit Report 2025-06-06 Created: 2025-06-06 By: Sara Adams (sadams@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAANKP1gsPyeRMWEM4cjgeZdB-_MJNBAptT "SIGNATURE REQUESTED: Weld/Greeley Gopher Amendment #3" History n Document created by Sara Adams (sadams@weld.gov) 2025-06-06 - 4:48:02 PM GMT- IP address: 204.133.39.9 E5 Document emailed to mark@thegreeleygopher.com for signature 2025-06-06 - 4:48:35 PM GMT n Email viewed by mark@thegreeleygopher.com 2025-06-06 - 9:03:10 PM GMT- IP address: 74.125.214.76 6 Signer mark@thegreeleygopher.com entered name at signing as Mark Laux 2025-06-06 - 11:05:35 PM GMT- IP address: 71.196.166.157 o5 Document e -signed by Mark Laux (mark@thegreeleygopher.com) Signature Date: 2025-06-06 - 11:05:37 PM GMT - Time Source: server- IP address: 71.196.166.157 Q Agreement completed. 2025-06-06 - 11:05:37 PM GMT Powered by Adobe Acrobat Sign Contr.tct F Entity Information Entity Name* COMMISSION NOW LLC Entity ID* @00027872 Contract Name* COMMISSION NOW LLC DBA THE GREELEY GOPHER - AMENDMENT #3 Contract Status CTB REVIEW Contract ID 9553 Contract Lead* SADAMS Q New Entity? Parent Contract ID 20230506 Requires Board Approval YES Contract Lead Email Department Project # sadams@weld.gov;cobbx xlk@weld.gov Contract Description* AMENDMENT #3 TO THE PROFESSIONAL SERVICES CONTRACT FOR SENIOR NUTRITION PROGRAM MEAL DELIVERY SERVICES FROM BID# B2300041 REFERENCED AS TYLER ID# 2023-0506. THIS AMENDMENT EXTENDS THE TERMS TO 7/1 /25 TO 6/30/26 AND MODIFIES APPENDIX D. Contract Description 2 PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB IS 06/10/25. Contract Type* AMENDMENT Amount* $132,000.00 Renewable NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weld.gov Department Head Email CM-HumanServices- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Date * 06/18/2025 Due Date 06/14/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 04/30/2026 Committed Delivery Date Renewal Date Expiration Date* 06/30/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/11/2025 06/12/2025 06/12/2025 Final Approval BOCC Approved Tyler Ref # AG 061625 BOCC Signed Date Originator SADAMS BOCC Agenda Date 06/16/2025 Con+ -a cf ID44gzS3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Professional Services Agreement Amendment #2 with Commission Now, LLC dba The Greeley Gopher through Request for Proposal (RFP) Bid #82300041 DEPARTMENT: Human Services PERSON REQUESTING: Jamie Ulrich, Director, Human Services DATE: June 4, 2024 Brief description of the problem/issue: The Department entered into Professional Service Agreement (PSA) with Commission Now, LLC dba The Greeley Gopher through Request for Proposal (RFP) Bid #B2300041, identified as Tyler ID 2023-0506. This Agreement was issued for a period of one (1) year with the option to renew for three (3) additional one (1) year terms upon mutual written agreement. The Department is now requesting to amend the current agreement to extend the terms, modify the Holidays/Closures, modify the fuel surcharge allowance schedule, and modify the scope and rates. CMS ID Provider/Term Services Provided Tyler# FY 25 Budget 8283 Commission Now, LLC dba The Greeley Gopher Term: July 1, 2024 to June 30, 2025 Senior Nutrition Program Meal Delivery Services 2023-0506 $132,000.00 What options exist for the Board? Approval of the PSA Amendment #2. Deny approval of the PSA Amendment #2. Consequences: The Department will not have a current agreement with the above provider. Impacts: The Department will not be able to offer services to eligible clients in Weld County. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Funded through Older American Act Grant funding. Recommendation: • Approval of the Professional Services Agreement Amendment #2 and authorize the Chair to sign. Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: rrt Pass -Around Memorandum; June 0un�e,�n�} 1Rr1am. 4, 2024 - CMS ID 8283 d��- omee..,,cd-59 Wi 7 .2- 2023- 05(1.12 )(AV-OOg5 AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COMMISSION NOW, LLC DBA THE GREELEY GOPHER This Agreement Amendment made and entered into 1 11day of 3lQ , 2024 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department", and Commission Now, LLC dba The Greeley Gopher, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Senior Nutrition Program Meal Delivery Services, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-0506, approved on May 15, 2023. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement was set to end on June 30, 2024. • The Original Agreement was amended on: • June 5, 2023 to amend Exhibit D, Modified Scope and Rates. • The Amendments are identified by the Weld County Clerk to the Board of County Commissioners as document number 2023-0506. • These Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement effective July 1, 2024: 1. Paragraph 3. Term This agreement is being renewed for the second year, for the period of July 1, 2024 through June 30, 2025. 2. Appendix D, List of Scheduled County or Food Vendor Holidays/Closures is hereby amended as attached. 3. Appendix E, Fuel Surcharge Allowance Schedule is hereby amended as attached. 4. Exhibit D, Modified Scope and Rates is hereby amended as attached. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: A) BOARD OF COUNTY COMMISSIONERS Clerk to the Board WELD COU COLOR ot. Deputy Clerk to the 0. Kevin D. Ross, Chair JUN 1 7 2024 NTRACTOR: Commission Now, LLC dba The Greeley Gopher 2881 South 31St Avenue, Suite 4-100 Greeley, Colorado 80631 By. Mark Laux (May 31, 202414:51 MDT) Mark Laux, Owner May 31, 2024 Date: QOa3-OSOCo APPENDIX D List of Scheduled County or Food Vendor Holidays/Closures 2024/2025 Meal Site Closure Dates Monday, January 20, 2025 (Martin Luther King Jr. Day) Monday, February 17, 2025 (President's Day) Monday, May 26, 2025 (Memorial Day) Thursday, June 19, 2025 (Juneteenth) Thursday, July 4, 2024 (Independence Day) Monday, September 2, 2024 (Labor Day) Monday, November 11, 2024 (Veterans Day) Thursday, November 28, 2024 (Thanksgiving) Friday, November 29, 2024 (day after Thanksgiving) Tuesday, December 24, 2024 — Monday, January 1, 2025 (Food Vendor Holiday Break) APPENDIX E Fuel Surcharge Allowance Schedule *Contract is based on a fuel rate of $3.00 per gallon Lowest Fuel Variance Highest Fuel Variance Percent Per Mile added Adjustment Or to base rate 3.01 3.06 3.5% 3.07 3.11 3.68% 3.12 3.16 3.86% 3.17 3.21 4.04% 3.22 3.26 4.22% 3.27 3.31 4.40% 3.32 3.36 4.58% 3.37 3.41 4.76% 3.42 3.46 4.94% 3.47 3.51 5.12% 3.52 3.56 5.30% 3.57 3.61 5.48% 3.62 3.66 5.66% 3.67 3.71 5.84% 3.72 3.76 6.02% 3.77 3.81 6.20% 3.82 3.86 6.38% 3.87 3.91 6.56% 3.92 3.96 6.74% 3.97 4.01 6.92% 4.02 4.06 7.10% 4.07 4.11 7.28% 4.12 4.16 7.46% 4.17 4.21 7.64% 4.22 4.26* 7.82% Fuel Surcharge allowance begins at $3.01 and is capped at $4.26* a gallon. At this price level, temporary or permanent route changes may have to be implemented to maintain a budget maximum. The Weld County Area Agency on Aging uses monthly average of regular unleaded gas prices as they are found on www.colorado.aaa.com on the last business day of the month. Exhibit D Modified Scope and Rates Exhibit D addresses the funding, specific Scope of Services, Rates, and Performance Measurements based on the awarded grant monies issued by the County. 1. Service and Rates The County agrees to pay the Contractor in consideration of the work and services performed under this Agreement at a monthly base rate of $9,906.00. Charges shall be based on the time actually spent performing the services, but may include additional modification to compensation as follows: a. A Fuel Surcharge as a percent added to the base rate as outlined per Appendix E, Fuel Surcharge Allowance Schedule. Fuel Surcharges shall be authorized by the County if a change in service is required. b. Delivery for summer evening meals at a rate of $89.00 added to the base for the first meal and $34.00 for each additional delivery on that evening route. c. Any instance that the Contractor does not have a driver for a route, the base rate will be decreased by $34.00 per site on the route and $0.635 cents per mile, if driven by County staff to cover such route. Contractor shall not be paid any other expenses unless set forth in this Agreement. Transportation to County senior housing sites may still be required even if other sites are closed for snow. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof In the event that said funds, or any part thereof, become unavailable as determined by the County, the County may immediately terminate the Agreement or amend it accordingly. 2. Terms Contractor agrees to commence services within thirty (30) days after the signing of the Agreement and assure completion of all services under this agreement by the end of the period dated in Section 1, Funding. Contractor understands that County may conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of Contractor; and Contractor accordingly agrees to cooperate fully with the County in the conduct of such evaluation and monitoring, including the keeping and supplying of such information, and providing access to documents and records to the County for the purpose of audit; and further agrees to do all things necessary to enable County to fulfill its obligation to the State of Colorado and the United States Government. Any changes, including any increase or decrease in the amount of Contractor's compensation, and including changes in budget allocations which are mutually agreed Exhibit D Modified Scope and Rates upon by and between the County and Contractor, shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. Contractor understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of the County, the Older Americans Act, Volume 10 Code of Colorado Regulations and the policies and procedures established by the State Unit on Aging, and the terms and conditions of the project application approved by the County. b. Understands that if there is Federal/State program income unearned at the time the project is terminated, this amount must be returned to the County unless the County otherwise stipulates. c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed, the proportion of Federal/State funds disallowed must be returned to the County. d. Understands that this award is made for the period amounts stated in this Agreement. This Agreement in no way implies further funding which is contingent upon the availability of funds and approval of future project applications. e. Agrees to keep records and make reports on the forms required by the County and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, specifically, i. To submit monthly financial invoices to the County by the 10th of the following month, with each such invoice providing details regarding the number of drivers and vans used each day, a record of monthly mileage, the average monthly gas price based on the 10th of each month using the current state average listed on www.colorado.aaa.com for the month before the month invoiced; ii. To submit other reports to the County as requested; iii. Maintain a computer system that will be able to manage all required County reporting software; iv. Maintain internet access in order to transfer all required data to the County. Agrees to advise the County of needed program and financial changes and await approval from the County prior to change implementation. SIGNATURE REQUESTED: Weld/Greeley Gopher Amendment #2 Final Audit Report 2024-05-31 Created: 2024-05-31 By: Sara Adams (sadams@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAAg86prSg3YtVXIQEYXjrs70FsjA3pNxAd "SIGNATURE REQUESTED: Weld/Greeley Gopher Amendment #2" History In Document created by Sara Adams (sadams@weld.gov) 2024-05-31 - 5:45:21 PM GMT- IP address: 204.133.39.9 El Document emailed to mark@thegreeleygopher.com for signature 2024-05-31 - 5:47:38 PM GMT 5 Email viewed by mark@thegreeleygopher.com 2024-05-31 - 6:59:07 PM GMT- IP address: 74.125.215.67 d© Signer mark@thegreeleygopher.com entered name at signing as Mark Laux 2024-05-31 - 8:51:17 PM GMT- IP address: 174.231.64.49 4 Document e -signed by Mark Laux (mark@thegreeleygopher.com) Signature Date: 2024-05-31 - 8:51:19 PM GMT - Time Source: server- IP address: 174.231.64.49 Q Agreement completed. 2024-05-31 - 8:51:19 PM GMT Powered by Adobe Acrobat Sign ACORE1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/1/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Risk Strategies Company P.O. Box 818078 Cleveland OH 44181 CONTACT Jean McNamara PHOFAx (a. NNE o. Est): 440-260-1012 I (ac, No): 440-260-0218 000eess: jmcnamara@risk-strategies.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Artisan and Truckers Casualty Company 10194 INSURED COMMNOW01 Commission Now, LLC 2881 S. 31st Avenue, Suite 4-100 Greeley CO 80631 INSURER B: Berkley Specialty Insurance Company 31295 INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1814795370 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (PTIV /YYYY) POLICY EXP (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LI OCCUR QTP000093410 12/1/2023 12/1/2024 EACH OCCURRENCE $1,000,000 PREM EES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PROT X LOC JEC OTHER: PRODUCTS - COMP/OP AGG $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY 01139795 9/20/2023 9/20/2024 (Ea COMBINdent)ED SINGLE LIMIT axi $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PRencT YDAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY '10 / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICERIMEMBEREXCLUDED? (Mandatory in NHI If yes, describe under DESCI:In N OF OPERATIONS below N/A I STATUTE I I EORH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B A me Physical Damage QTP000093410 01139795 12/1/2023 9/20/2023 12/1/2024 9/20/2024 crime Cop. Deductible Collision Deductible $50,000 $1,000 $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Weld County Government Area Agency on Aging SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 315 North 11th Avenue Bulling C AUTHORIZED REPRESENTATIVE Greeley CO 80631 i ACORD 25)20168)3) S 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* COMMISSION NOW LLC Entity ID* @00027872 Contract Name * COMMISSION NOW LLC DBA THE GREELEY GOPHER - AMENDMENT #2 Contract Status CTB REVIEW Q New Entity? Contract ID 8283 Contract Lead * SADAMS Contract Lead Email sadams@weld.gov;cobbx xlk@weld.gov Parent Contract ID 20230506 Requires Board Approval YES Department Project # Contract Description* AMENDMENT #2 TO THE PROFESSIONAL SERVICES CONTRACT FOR SENIOR NUTRITION PROGRAM MEAL DELIVERY SERVICES FROM BID# B2300041 REFERENCED AS TYLER ID# 2023-0506. THIS AMENDMENT EXTENDS THE TERMS TO 7/1 /24 TO 6/30/25 AND MODIFIES THE SCOPE AND RATES. Contract Description 2 PA ROUTING THROUGH THE NORMAL PROCESS. ETA TO CTB IS 06/05/24. Contract Type* AMENDMENT Amount* $132,000.00 Renewable * YES Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Date * 06/12/2024 Due Date 06/08/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 04/30/2025 Renewal Date* 06/30/2025 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/10/2024 06/10/2024 06/10/2024 Final Approval BOCC Approved Tyler Ref # AG 061724 BOCC Signed Date Originator SADAMS BOCC Agenda Date 06/17/2024 ccn-\va cf t 1D,t 1049 AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COMMISSION NOW, LLC DBA THE GREELEY GOPHER This Agreement Amendment, made and entered into Sthday of 3 kA.Y`.Q 2023 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, hereinafter referred to as the "Department", and Commission Now, LLC dba The Greeley Gopher, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement for Senior Nutrition Program Meal Delivery Services, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-0506, approved on May 15, 2023. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on June 30, 2024. • This Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement as of July 1, 2023: 1. Exhibit D, Modified Scope and Rates, is hereby amended as attached. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. ATTEST: BY: sdriwo rk to the Board Deputy Cler eonskh)''A9ard°- 10/5/23 COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair JUN 0 5 2323 ONTRACTOR: Commission Now, LLC dba The Greeley Gopher 2881 South 31st Avenue, Suite 4-100 Greeley, Colorado 80631 By: Mart,...."7923,2023 Mark Laux, Owner Date: May 23, 2023 cc, od),..eA45-9 /6/,25 2t72 -mu° goo95 Exhibit D Modified Scope and Rates Exhibit D addresses the funding, specific Scope of Services, Rates, and Performance Measurements based on the awarded grant monies issued by the County. 1. Service and Rates The County agrees to pay the Contractor in consideration of the work and services performed under this Agreement at a monthly base rate of $9,906.00. Charges shall be based on the time actually spent performing the services, but may include additional mocEfication to compensation as follows: a. A Fuel Surcharge as a percent added to the base rate as outlined per Appendix E, Fuel Surcharge Allowance Schedule. Fuel Surcharges shall be authorized by the County if a change in service is required. b. Delivery for summer evening meals at a rate of $68.00 added to the base for the first meal and $34.00 for each additional delivery on that evening route. c. Any instance that the Contractor does not have a driver for a route, the base rate will be decreased by $34.00 per site on the route and $0.635 cents per mile, if driven by County staff to cover such route. Contractor shall not be paid any other expenses unless set forth in this Agreement. Transportation to County senior housing sites may still be required even if other sites are closed for snow. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the County, the County may immediately terminate the Agreement or amend it accordingly. 2. Terns Contractor agrees to commence services within thirty (30) days after the signing of the Agreement and assure completion of all services under this agreement by the end of the period dated in Section 1, Funding. Contractor understands that County may conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of Contractor; and Contractor accordingly agrees to cooperate fully with the County in the conduct of such evaluation and monitoring, including the keeping and supplying of such information, and providing access to documents and records to the County for the purpose of audit; and further agrees to do all things necessary to enable County to fulfill its obligation to the State of Colorado and the United States Government. Any changes, including any increase or decrease in the amount of Contractor's compensation, and including changes in budget allocations which are mutually agreed Exhibit D Modified Scope and Rates upon by and between the County and Contractor, shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. Contractor understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of the County, the Older Americans Act, Volume 10 Code of Colorado Regulations and the policies and procedures established by the State Unit on Aging, and the terms and conditions of the project application approved by the County. b. Understands that if there is Federal/State program income unearned at the time the project is terminated, this amount must be returned to the County unless the County otherwise stipulates. c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed, the proportion of Federal/State funds disallowed must be returned to the County. d. Understands that this award is made for the period amounts stated in this Agreement. This Agreement in no way implies further funding which is contingent upon the availability of funds and approval of future project applications. e. Agrees to keep records and make reports on the forms required by the County and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, specifically, i. To submit monthly financial invoices to the County by the 10th of the following month, with each such invoice providing details regarding the number of drivers and vans used each day, a record of monthly mileage, the average monthly gas price based on the 10th of each month using the current state average listed on www.colorado.aaa.com for the month before the month invoiced; ii. To submit other reports to the County as requested; iii. Maintain a computer system that will be able to manage all required County reporting software; iv. Maintain internet access in order to transfer all required data to the County. Agrees to advise the County of needed program and financial changes and await approval from the County prior to change implementation. SIGNATURE REQUESTED: Weld/Greeley Gopher Amendment #1 Final Audit Report 2023-05-24 Created: 2023-05-23 By: Lesley Cobb (cobbxxlk@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAdbx00xOm0v-mS7Hg5SszsZ-Ons6m9Ako "SIGNATURE REQUESTED: Weld/Greeley Gopher Amendmen t #1" History ,t Document created by Lesley Cobb (cobbxxlk@co.weld.co.us) 2023-05-23 - 10:53:26 PM GMT- IP address: 204.133.39.9 D., Document emailed to mark@thegreeleygopher.com for signature 2023-05-23 - 11:02:16 PM GMT ,t Email viewed by mark@thegreeleygopher.com 2023-05-24 - 1:03:49 AM GMT- IP address: 74.125.215.180 b© Signer mark@thegreeleygopher.com entered name at signing as Mark Laux 2023-05-24 - 1:30:23 AM GMT- IP address: 71.196.166.157 6p Document e -signed by Mark Laux (mark@thegreeleygopher.com) Signature Date: 2923-05-24 - 1:30:25 AM GMT - Time Source: server- IP address: 71.196.166.157 CI Agreement completed. 2023-05-24 - 1:30:25 AM GMT Powered by Adobe Acrobat Sign Contract Form New Contra quest ation Entity Name* COMMISSION NOW LLC Entity ID* O630027872 Contract Name" COMMISSION NOW LLC DBA THE GREELEY GOPHER (AMENDMENT MEAL DELIVERY 92300041) Contract Status CTB REVIEW Contract ID 7049 Contract Lead" COBBXXLK ❑ New Entity? Parent Contract ID 20230506 Requires Board Approval YES Contract Lead Email Department Project cobbxxlk@co.weld.co.us Contract Description' CONSENT - AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT RELATED TO BID#82300041 - AMENDMENT TO CORRECT MINOR LANGUAGE IN SCOPE. Contract Description 2 NO PA NEEDED - REFERENCE BID #82300041 AWARD ON 3 15=23 TYLER ID# 2023-0506. Contract Type" AMENDMENT Amount* $0.00 Renewable* NO Automatic Renewal Grant Department HUMAN SERVICES Department Email CM- HumanServices@weldgov.co m Department Head Email CM-HumanServices- DeptHeadoveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY/OWELDG OV.COM Requested BOCC Agenda Date' 06,)7/2023 Due Date 06/03/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a NSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Effective Date Review Date* 04, 30/2024 Renewal Date Termination Notice Period Conil Information Info Contact Name Purchasing Purchasing Approve CONSENT Approval Proces Department Head JAMIE ULRICH DH Approved Date 05/31/2023 Final MCC Approved ®OCC Signed Date ROCC Agenda Date 06/05/2023 Originator CO5tXXLK Contact Type Committed Delivery Date Contact Email Finance Approver CONSENT Expiration Date* 06/28/2024 Contact Phone lE Purchasing Approved Date 05;31;2023 Finance Approved Date Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 05,x31/2023 05/31/2023 Tyler Ref # AG 060523 CunA-v(kGl- IN:klo95t{ PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND COMMISSION NOW, LLC DBA THE GREELEY GOPHER THIS AGREEMENT is made and entered into this l 'day of , 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld C ty Department of Human Services' Area Agency on Aging, hereinafter referred to as "County," and Commission Now, LLC dba The Greeley Gopher, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Proposal (RFP) as set forth in Bid Package No. B2300041 which is incorporated into this agreement by reference and will be provided upon request to the Department. The RFP contains all of the specific requirements of the County. Exhibit B consists of Contractor's Response to County's Request for Proposal. The response confirms Contractor's obligations under this Agreement. Exhibit C consist of the Health Insurance Portability and Accountability Act (HIPAA) Business Associate Agreement. Exhibit D consists of a modified Scope of Work and Rates based on the actual award amount. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure consevi+Potvido- 5/15/Z,3 eC: 0141240-1-5-0) /sJa 3 2023-650(D �12-ouas to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement shall be from July 1, 2023, through June 30, 2024, unless sooner terminated as provided herein. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be renewed for 3 (three) additional one-year terms upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that tire County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Amendment, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. County agrees to pay Contractor through an invoice process during the course of this Agreement in accordance with the Rate Schedule as described as Exhibit D. Contractor agrees to submit invoices which detail the work completed by Contractor. The County will review each invoice and if it agrees Contractor has completed the invoiced items to the County's satisfaction, it will remit payment to the Contractor. No payment in excess of that set forth in the Exhibits will be made by County unless an Amendment authorizing such additional 2 payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or 3 individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. 4 Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury; $50,000 any 1 fire, $5,000 Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. Privacy Insurance Liability Insurance covering all loss of County and State Confidential Information, such as Personal Identifiable Information (PII), Protected Health Information (PHI), Payment Card Information (PCI), Tax Information, and Criminal Justice Information (CJI), and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows: $1,000,000 each occurrence; and $2,000,000 general aggregate. Notwithstanding if Contractor has Confidential Information for 10 or fewer individuals or revenue of $250,000 or less, Contractor shall maintain limits of not less than $50,000. Notwithstanding if Contractor has Confidential Information for 25 or fewer individuals or revenue of $500,000 or less, Contractor shall maintain limits of not less than $100,000. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. 5 c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County and the State of Colorado, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, 6 at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Mark Laux Position: Owner Address: 2881 South 310 Avenue, Suite 4-100 Address: Greeley, Colorado 80631 E-mail: mark(a,thegreeleygopher.com Phone: 970-339-5699 TO COUNTY: Name: Jamie Ulrich Position: Director of Human Services Address: 315 North 11th Avenue, Building A Address: Greeley, Colorado 80634 E-mail: ulrichjj(ayweld.gov Phone: 970-400-6510 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third Party Beneficiary. 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 strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the 8 undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 9 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: .1% v';(.1 BY: BOARD OF COUNTY COMMISSIONERS Clerk to the Bo : rd WELD COUNTY, COLORADO Deputy Cl k to t e Mike Freeman, Chair MAY 1 5 223 NTRACTOR: ommission Now, LLC dba The Greeley Gopher 2881 South 31' Avenue, suite 4-100 Greeley, Colorado 80631 B y : Mark La. (May 4, 2023 08:02 M DT) Mark Laux, Owner Date: May 4, 2023 10 o2Oa& 3 Exhibit A WELD COUNTY'S REQUEST FOR PROPOSAL (Weld County's Request for Proposal is incorporated into this agreement by reference and will be provided upon request to the Department.) This page is intentionally left blank Exhibit B Proposal for Bid No. B2300041 Senior Nutrition Program Meal Delivery Services 1. Program Name Senior Nutrition Program Meal Delivery Services 2. Applicant or Vendor Name Commission Now, LLC, dba The Greeley Gopher 3. Vendor Qualifications a. Type of organization, size, professional registration and affiliations. Structured as a limited liability company in December of 2003, Commission Now, LLC, through its trade name, The Greeley Gopher, has sought to establish itself as Northern Colorado's Premier Courier. To that end, the company has serviced some 600+ customers. As of January 2023, many of our initial customers are still with us. We are currently staffed at 9 drivers, as well as 1 to 2 office personnel. Commission Now, LLC is registered under the laws of the State of Colorado as a limited liability company and is in good standing as of 02/12/2023. Commission Now, LLC carries $2,000,000 of General Aggregate Liability Insurance which is twice the amount required under the Bid Request. Commission Now, LLC drivers are employees, not independent contractors. This is important for Weld County in that it reduces its liability exposure. We maintain workers compensation, unemployment insurance, and payroll taxes for all employees. b. Names and qualifications of personnel to be assigned as management to this project. Project management will be conducted by Mark Laux, a founding partner of Commission Now, LLC. Mr. Laux received his Bachelor's Degree in Accounting from Regis University in 1985. For the past 29 years, he has been involved in the courier industry in many different capacities. He has been an employee driver, as well as an independent contractor for both small and large courier companies. Additionally, he oversaw the deployment and management of 35-40 drivers for a start-up, same day parts delivery company in Denver. His efforts, under the direction of the general manager, resulted in the company being successfully sold to a national competitor. Exhibit B c. Outline of recent project(s) completed that are related to this type of project. Commission Now, LLC currently serves the Weld County Area Agency on Aging, Senior Nutrition Program Meal Delivery Services. We are responsible for the timely delivery of freshly prepared meals to meal sites throughout Weld County. d. Qualifications of Contractors, subcontractors, or joint venture firm, if appropriate. N/A e. Client reference from recent related project. N/A 4. Understanding of and Approach to the Project a. Summary of approach to be taken. Overall, our approach involves communicating with our customer at all times. For this project, we will be working closely with kitchen personnel at the University of Northern Colorado and Area Agency on Aging personnel. Currently, we have an excellent rapport with kitchen personnel. The lines of communication are open both ways. An example of this would be if the kitchen were to need an additional delivery outside of the scope of work. Time is of the essence concerning food meal deliveries. Our first reaction is to always attempt to complete what is being asked of us in the most timely and efficient fashion possible under the circumstances. Conversely, if we are experiencing vehicle problems, we keep everyone updated as soon as we know of the situation. We also have back-up vehicles and personnel to be utilized when the need arises. We will offer our ideas to solve the problem and are always open to the suggestions of our customers as well. To summarize, our overall approach is one of collaboration. b. Description of the organization and staffing to be used for the project. Investment on the part of Commission Now, LLC, in terms of both personnel and equipment will be required in order to satisfactorily meet the requirements of this project. Our bid reflects any and all capital expenditures on our part and is all inclusive. Exhibit B c. Indication of information and participation the proposer will require from County staff. Our experience with food delivery over the past thirteen years has shown us how critical it is to have schedule changes, time adjustments, route realignments, etc. brought to our attention as soon as possible. County and kitchen staff are vital to us in this regard. We have the experience and resources to handle any situation, when it is brought to our attention. d. Indication of time frame necessary to complete the plan review once a Notice to Proceed is issued. We are able to continue working in our current capacity without any interruptions. Exhibit B Bid Worksheet BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF FINANCE & ADMINISTRATION SENIOR NUTRITION PROGRAM MEAL DELIVERY SERVICES The undersigned bidder hereby declares and represents that she/he; a) has carefully examined and understands the Bidding Documents, b) has not received, relied on, or based his bid on any verbal instructions contrary to the Bidding Documents or any addenda, c) has personally investigated and is familiar with the program requirements, and hereby proposes to provide all drivers, vehicles, and items as required to perform, in a professional manner, all work and services for the successful completion of all requirements as referenced in the scope of work, all in strict accordance with the Bidding Documents prepared by Weld County Area Agency on Aging for the Senior Nutrition Program and dated: February 12, 2023. TOTAL BASE BID: For all work required by the Bidding Documents to complete Attachment A for the monthly base rate sum of: Nine thousand nine hundred six dollars ($9,906.00) The base price will be for daily lunch deliveries made Monday through Friday. Additional cost for Summer evening meals are bid in Alternate No. 1 a. ALTERNATE BID ITEMS Alternate No. 1a: To ADD additional meal sites to the contract, we propose a flat rate of $68.00 per site. For Summer evening meals, we propose $68.00 for the first delivery and $34.00 for subsequent deliveries. Alternate No. 1 b: To REMOVE meal sites from contract, $34.00 will be removed from the base rate. Alternate No. 2: Contractor will be submitting a request for fuel surcharge allowances, which is included in Appendix B. YES X NO Exhibit B The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Proposal for Request No. B2300041. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named Vendor,for the amount shown on the accompanying proposal sheets. 4. The signed proposal submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the proposal by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the proposal by Weld County. 5. Weld County reserves the right to reject any and all proposals, to waive any informality in the proposals, and to accept the proposal that, in the opinion of the Board of County Commissioners, is in the best interests of Weld County. The proposal(s) may be awarded to more than one vendor. FIRM: Commission Now, LLC. dba The Greeley Gopher BY: Mark Laux (Please print) BUSINESS ADDRESS: 2881 South 31St Avenue. Suite 4-100 DATE: O; --fl CITY, STATE, ZIP CODE: Greeley, CO 80631 TELEPHONE NO: (970) 339-5699 FAX: 888-354-9777 TAX ID#: 65-1213029 SIGNATURE: E-MAIL mark[a�thegreelevgopher.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: ;,A. BOARD OF COUNTY COMMISSIONERS Weld • nt Clerk to th- Board WELD COUNTY, COLORADO BY: Deputy C ike Freeman, Chair MAY 1 5 2023 o2Gb?3 - oibe, Exhibit B APPENDIX A Certificate of Insurance APPENDIX B Fuel Surcharge Allowance Schedule Exhibit B Appendix A ACO OR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YYYY) 12/6/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER CONTACT NAME: Jean McNamara Risk Strategies Company P.O. Box 818078 Cleveland OH 44181 PNONE FAx ,OC,5o,F.n_ 440-260-1012 (A/C. No): 440-260-0218 o-MAILs.S: jmcnamara@risk-strategies.com INSURER(S) AFFORDING COVERAGE NAIL • INSURER A: UMted National / nSUranno Co. ' 13064 INSURED COMMNOW-01 INSURER B : Artisan and TnJckers Casualty 10194 Commission Now, LLC 2881 S. 31st Avenue, Suite 4-100 INSURER C : Greeley CO 80631 INSURER O INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1669862425 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D POLICY EFF POLICY E%D LTR TYPE OF INSURANCE I wcn ;y l POLICY NUMBER (Meli-DI YYY) ! (MMroDrYYYY) LIMITS A COMMERCIAL GENERAL LIABILITY ! ! PAC7239573 12/1/2022 12!1/2023 CLAIMS -MADE X OCCUR I EACH OCCURRENCES $1,000,000 r15AVAGE-T5 RENTED !: PREMISES jEa occurrence)'. $ 100.000 MED EXP (Any one person) $ 10,000 i PERSONAL F. ADV INJURY $ 1,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: %(J POLICY JE�_ LOC j � I `OTHER I GENERAL AGGREGATE 1 $ 2,000,000 i PRODUCTS - COMP/OP AGG , $ Inciuded 9 I $ e �AUTOMOBILELIABILITY 01139795 9/20/2022 9/20/2023 _ ANY AUTO 1 OWNED I x i SCHEDULED _—__i AUTOS ONLY __,: AUTOS HIRED NON -OWNED , AUTOS ONLY AUTOS ONLY 9 COMBINEDSINGLELIMIT 51,000.000 jEa acatlentt ; BODILY INJURY (Per person) •, 5 .I BODILY INJURY (Per accbent)i $ INJURY PROPY MACE '! 5 ';r acciden, r _I UMBRELLA LIAR --I i;CCUR EXCESS UAB _IL CLAIMS -MADE. , DED I RETENTION $ LEACH, OCCURRENCE '$ ! AGGREGATE j S WORKERS COMPENSATION i AND EMPLOYERS' LIABILITY Y! N '� ANVPROPRIETORIPARTNER/EXECUTIVE j OFFICER/MEMBEREXCLUDED? � N / A (Mandatory in NN) tf yes. descnbe under DESCRIPTION OF OPERATIONS below PER OTH i _. STATUTE_.__,': E.L.ACH ACCIDENT $ E.L.DISEASE - EA EMPLOYEE $ i E . DISEASE • POLICY LIMIT j $ Crime ' PAC97 9573 12/1/2022 12/1/2023 Physical Damage 01139795 9/20/2022 9/20/2023 Crime $50,000 ! Comp. Deduct.. $1,000 I Co son Deducible $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Area Agency on Aging SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 315 North 11th Avenue Building C AUTHORIZED REPRESENTATIVE Greeley CO 80631 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Exhibit B APPENDIX B Fuel Surcharge Allowance Schedule "Contract is based on a fuel rate of $3.00 per gallon. Lowest Fuel Variance Highest Fuel Variance Per Mile Adjustment Or Percent added to base rate 3.01 3.06 3.5% 3.07 3.11 3.68% 3.12 3.16 3.86% 3.17 3.21 4.04% 3.22 3.26 4.22% 3.27 3.31 4.40% 3.32 3.36 4.58% 3.37 3.41 4.76% 3.42 3.46 4.94% 3.47 3.51 5.12% 3.52 3.56 5.30% 3.57 3.61 5.48% 3.62 3.66 5.66% 3.67 3.71 5.84% 3.72 3.76 6.02% 3.77 3.81 6.20% 3.82 3.86 6.38% 3.87 3.91 6.56% 6.74% 3.92 3.96 3.97 4.01 4.02 4.06 6.92% 7.10% 4.07 4.11 7.28% 4.12 4.16 7.46% 4.17 4.21 7.64% 7.82% 4.22 4.26* Fuel Surcharge allowance begins at $3.01 and is capped at $4.26* a gallon. At this price level, temporary or permanent route changes may have to be implemented to maintain a budget maximum. The Weld County Area Agency on Aging uses monthly average gas prices as they are found on www.colorado.aaa.com on the 90th of the previous month. Exhibit D Modified Scope and Rates Exhibit D addresses the funding, specific Scope of Services, Rates, and Performance Measurements based on the awarded grant monies issued by the County. 1. Service and Rates The County agrees to pay the Contractor in consideration of the work and services performed under this Agreement at a monthly base rate of $9,906.00. Charges shall be based on the time actually spent performing the services, but may include additional modification to compensation as follows: a. A Fuel Surcharge as a percent added to the base rate as outlined per Appendix E, Fuel Surcharge Allowance Schedule. Fuel Surcharges shall be authorized by the County if a change in service is required. b. A differential flat rate of $10.00 per site will be added to the base mileage rate for summer evening meal deliveries as outlined per Appendix G, Senior Nutrition Program Route Schedule. c. Any instance that the Contractor does not have a driver for a route, the base rate will be decreased by $34.00 per site on the route and $0.635 cents per mile driven by County staff to cover such route. Contractor shall not be paid any other expenses unless set forth in this Agreement. Transportation to County senior housing sites may still be required even if other sites are closed for snow. Payment pursuant to this Agreement, whether in whole or in part, is subject to and contingent upon the continuing availability of said funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable as determined by the County, the County may immediately terminate the Agreement or amend it accordingly. 2. Terms Contractor agrees to commence services within thirty (30) days after the signing of the Agreement and assure completion of all services under this agreement by the end of the period dated in Section 1, Funding. Contractor understands that County may conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of Contractor; and Contractor accordingly agrees to cooperate fully with the County in the conduct of such evaluation and monitoring, including the keeping and supplying of such information, and providing access to documents and records to the County for the purpose of audit; and further agrees to do all things necessary to enable County to fulfill its obligation to the State of Colorado and the United States Government. Any changes, including any increase or decrease in the amount of Contractor's Exhibit D Modified Scope and Rates compensation, and including changes in budget allocations which are mutually agreed upon by and between the County and Contractor, shall be incorporated in written amendments to this Agreement and in appropriate revisions to the grant proposal. Contractor understands and agrees that the following provisions are part of the official application and as such become binding upon commencement of the project: a. This Agreement and the provisions of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of the County, the Older Americans Act, Volume 10 Code of Colorado Regulations and the policies and procedures established by the State Unit on Aging, and the terms and conditions of the project application approved by the County. b. Understands that if there is Federal/State program income unearned at the time the project is terminated, this amount must be returned to the County unless the County otherwise stipulates. c. Understands that the project's fiscal affairs are subject to audit. If costs are disallowed, the proportion of Federal/State funds disallowed must be returned to the County. d. Understands that this award is made for the period amounts stated in this Agreement. This Agreement in no way implies further funding which is contingent upon the availability of funds and approval of future project applications. e. Agrees to keep records and make reports on the forms required by the County and in accordance with guidelines issued by the State of Colorado and the Administration on Aging, specifically, i. To submit monthly financial invoices to the County by the 10th of the following month, with each such invoice providing details regarding the number of drivers and vans used each day, a record of monthly mileage, the average monthly gas price based on the 10th of each month using the current state average listed on www.colorado.aaa.com for the month before the month invoiced; ii. To submit other reports to the County as requested; iii. Maintain a computer system that will be able to manage all required County reporting software; iv. Maintain internet access in order to transfer all required data to the County. Agrees to advise the County of needed program and financial changes and await approval from the County prior to change implementation. SIGNATURE REQUESTED: Weld/Greeley Gopher Agreement - Meal Delivery Services Final Audit Report 2023-05-04 Created: 2023-05-04 By: Lesley Cobb (cobbcdk@co.weld.co.us) Status: Signed Transaction ID: CBJCFIBCAABAAJCYJeDTgu9E26LHsFxk-wT8KOpAsSacQ "SIGNATURE REQUESTED: Weld/Greeley Gopher Agreement - Meal Delivery Services" History t Document created by Lesley Cobb (cobbxxlk@co.weld.co.us) 2023-05-04 - 1:42:54 PM GMT- IP address: 204.133.39.9 P-► Document emailed to mark@thegreeleygopher.com for signature 2023-05-04 - 1:43:54 PM GMT 5 Email viewed by mark@thegreeleygopher.com 2023-05-04 - 1:52:38 PM GMT- IP address: 64.233.172.165 S5 Signer mark@thegreeleygopher.com entered name at signing as Mark Laux 2023-05-04 - 2:02:05 PM GMT- IP address: 71.196.166.157 CS® Document e -signed by Mark Laux (mark@thegreeleygopher.com) Signature Date: 2023-05-04 - 2:02:07 PM GMT - Time Source: server- IP address: 71.196.166.157 Q Agreement completed. 2023-05-04 - 2:02:07 PM GMT Powered by Adobe Acrobat Sign Contract Form Conl Ent Request ation Entity Name* COMMISSION NOW LLC Entity ID* #00027872 Contract Name* COMMISSION NOW LLC DBA THE GREELEY GOPHER (PROFESSIONAL SERVICES AGREEMENT MEAL DELIVERY 82300041) Contract Status CTB REVIEW ❑ New Entity? Contract ID Parent Contract ID 6954 20230506 Contract Lead* Requires Board COBBXXLK YES Contract Lead Email Dry cobbxxlk/,co.weld.co.us Contract Description* CONSENT - PROFESSIONAL SERVICES CONTRACT FOR MEAL DELIVERY SERVICES FROM BID# 82300041 REFERENCED AS TYLER ID# 20230506. TERM 7/1/23 TO 6,30, 24 AND MAY BE RENEWED FOR THREE ADDITIONAL ONE-YEAR TERMS UPON MUTUAL WRITTEN AGREEMENT. Contract Description 2 REFERENCE BID #B2300041 AWARD ON 3 1 5, 23 TYLER ID# 2023-0506. MEAL DELIVERY = 59..906.00 Contract Type* AGREEMENT Amount* 89,906.00 Renewable* NO Automatic Renewal Grant Department HUMAN SERVICES Department Email CM- HumanServicesPweldgov.ca Department Head Email CM -Human Services - DeptHead aweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYMIELDG OV.COM Requested 13OCC Agenda Date* 05;'1 7, 2023 Due Date 05/13.2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnOase Contract Dates Effective Date Review Date. 04;30;2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date' 06 26'2024 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CONSENT 05 09x2023 Approval Process Department Head JAMIE ULRICH DH Approved Date 05/09/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05 15,2023 Originator COEBXXLK Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 05/09;2023 05'09x2023 Tyler Ref AG 051523 MEMORANDUM DATE: March 13, 2023 TO: Board of County Commissioners Christie Peters, Purchasing Manager FR: Jamie Ulrich, Director, Human Services jtc- RE: Human Services Area Agency on Aging (AAA) Senior Nutrition Program Meal Delivery Bid #B2300041 The Weld County Department of Human Services (WCDHS) has completed its review of the one bid response received through the Request for Proposal (RFP) process for bid number B2300041 (AAA — Senior Nutrition Program Meal Delivery). This provider was awarded a contract during the last RFP process in 2019. The one (1) vendor proposal was reviewed by the Advisory Board for Area Agency on Aging and is being recommended for a contract award at this time. Bid Award: Commission Now, LLC, dba The Greeley Gopher — Senior Nutrition Food Delivery Services Cc: Jamie Ulrich, Director Tami Grant, Deputy Director Kelly Morrison, Area Agency on Aging Division Head Contract Management Page 1 0311S ZoZ3—U�(c th2toq5 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 reverett@weldgov.com cgeisert@weldgov.com cmpeters(a�weldgov. com Phone: 970-400-4222, 4223 or 4216 Fax 970-400-4024 DATE OF BID: FEBRUARY 14, 2023 REQUEST FOR: SENIOR NUTRITION PROGRAM MEAL DELIVERY DEPARTMENT: HUMAN SERVICES - AREA AGENCY ON AGING BID NO: B2300041 PRESENT DATE: FEBRUARY 22, 2023 (COUNTY CLOSED DUE TO INCLEMENT WEATHER) MOVED TO FEBRUARY 27, 2023 APPROVAL DATE: MARCH 15, 2023 VENDOR Commission Now, LLC, dba The Greeley Gopher (Mark Laux) 2881 South 31st Avenue, Suite 4-100 Greeley, Colorado 80631 THE DEPARTMENT OF HUMAN SERVICES IS REVIEWING THE PROPOSAL. 2023-0506 (Z/Z1 012,5 Hello