HomeMy WebLinkAbout20211460.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PURCHASE OF FOOD
PREPARATION SERVICES AND AUTHORIZE CHAIR PRO-TEM TO SIGN - BOARD
OF TRUSTEES OF UNIVERSITY OF NORTHERN COLORADO (UNC)
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 State of Colorado, acting by and on behalf of
the Board of Trustees of the University of Northern Colorado (UNC), Division of Student Affairs
for the benefit of Dining Services, commencing July 1, 2021, and ending June 30, 2022, 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 State of Colorado, acting by and on behalf of the Board of Trustees of the
University of Northern Colorado (UNC), Division of Student Affairs for the benefit of Dining
Services, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro -Tern be, and hereby is,
authorized to sign said agreement.
Cc: HSD
06422421
2021-1460
HR0093
INTERGOVERNMENTAL AGREEMENT FOR PURCHASE OF FOOD PREPARATION
SERVICES - BOARD OF TRUSTEES OF UNIVERSITY OF NORTHERN COLORADO (UNC)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dideA) � ,, ;tie
Weld County Clerk to the Board
Deputy Clerk to the Board
APPROVED AS T
unty Att•rney
Date of signature: O6/I 6/2
EXCUSED
Steve M•reno, Chair
2021-1460
HR0093
0_0 r)+ru c+
= O z# (-17 $-o
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: May 25, 2021
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Intergovernmental Agreement for the Purchase of Food
Preparation Services with the University of Northern Colorado
Please review and indicate if you would like a work session prior to placing this item on the Board's agenda.
Request Board Approval of the Department's Intergovernmental Agreement for the Purchase of
Food Preparation Services with the University of Northern Colorado. The Department is requesting
to enter into a new agreement with the University of Northern Colorado (UNC) for food preparation
services. The Weld County Area Agency on Aging (AAA) receives funding annually from the Colorado
Department of Human Services (CDHS), State Unit on Aging, to provide Older Americans Act (OAA)
and like services to Weld County seniors, such as the Senior Nutrition Program. During the COVID-19
event, UNC has been able to provide not only their normal food preparation services but has also prepared
frozen meals for delivery to the most vulnerable adults within Weld County.
The cost per meal is $7.26. The agreement also allows for the cost of salad bars at designated sites at the
rate of $2.99 per serving. It is anticipated that approximately 75,000 meals will be purchased this year.
The term of this agreement is July 1, 2021 through June 30, 2022. This agreement may be renewed in
writing on an annual basis. This agreement may not be renewed beyond June 30, 2026.
I do not recommend a Work Session. I recommend approval of this Intergovernmental Agreement and
authorize the Chair to sign.
Approve Schedule
Recommendation Work Session
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
Other/Comments:
Pass -Around Memorandum; May 25, 2021 — CMS 4780
Page 1
2021-1460
(-I R0093
INTERGOVERNMENTAL AGREEMENT
FOR THE PURCHASE OF FOOD PREPARATION SERVICES
rd
This Intergovernmental Agreement is made and entered into this od day of O.T.) r12 2021, by and
between the County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County" or "AAA" and the State of Colorado acting by and on behalf of the
Board of Trustees of the University of Northern Colorado, Division of Student Affairs for the benefit of
Dining Services, whose address is 501 20th Street, Greeley, Colorado 80639, hereinafter referred to as
the "Contractor".
FACTUAL RECITALS
A. WHEREAS, the parties hereto are authorized to enter into governmental agreements
pursuant to the provisions of the Colorado Constitution, state statute, and home rule
charter in order to better serve the citizens of Weld County; and
B. WHEREAS, Contractor is a state agency organized by statute under CRS 23-40-101, et
seq., and County is organized under the provisions of Weld County home -rule charter;
and
C. WHEREAS, the parties contemplate entering into an agreement whereby Contractor will
provide meals to qualifying clients residing in Weld County, Colorado, under the
Nutrition Program created by the County; and
D. WHEREAS, the County has no facilities or staff to provide such meals without assistance; and
E. WHEREAS, Contractor has the facilities and staff to enable the County Program to provide such
meals; and
F. 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 residents.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
1. Scope of Work. The parties agree that Contractor shall provide the following services:
a. Prepare meals as specified by the County's registered dietician, Monday through Friday,
except on designated holidays and closures identified by Contractor or the County;
b. When purchasing food, 90% of items must be domestic purchases and purchase only food
products that are produced in the United States;
c. Maintain the nutritional standards set forth by the County's Nutrition Program and not
substitute menu selections without the permission of the County's Nutrition Program
supervisor;
d. Make menus available at least three (3) to six (6) weeks in advance of each menu cycle
change;
1
e. Collaborate with the AAA to ensure the registered dietician writes menus in accordance with
current nutritional standards set by the Older Americans Act and the Colorado Department of
Human Services;
f. Prepare salad bar items according to salad bar pattern created by the AAA registered
dietician and Contractor;
g. Prepare a minimum of 100 frozen meals, upon request of a 30 -day notice for startup by either
party or stop frozen meals with a 30 -day notice by either party; and
h. Cooperate fully with the AAA in the event of evaluation and monitoring, including the
keeping and supplying of such information, and providing access to documents and records
to the AAA for the purpose of audit; and further agrees to do all things necessary to enable
AAA to fulfill its obligation to the State of Colorado and the United States Government
including, but not limited to, compliance with 12 CCR 2510-1 Volume 10 and Policy and
Procedures.
2. Terms. The initial term of this Agreement shall be effective on July 1, 2021 and shall expire on June
30, 2022. Agreement shall be renewed by written amendment and signed annually by both parties
unless one of the parties notifies the other in writing prior to 90 -days before the end of the contract
year. This Agreement may not be renewed beyond June 30, 2026. Contractor may request in April of
each year an increase in the per meal rate of reimbursement. The percentage increase will be based
on the estimated cost increase for the following year provided by the Consumer Price Index (CPI) -
all Urban Consumers for the Denver/Boulder/Greeley area as determined by the U.S. Department of
Labor, Bureau of Labor Statistics for the following calendar year. The cost of meals may increase by
up to an additional 3% over CPI only in the event that economic circumstances create substantial
increases in food and/or labor costs. A substantial increase is defined as an added fuel price or
surcharge incurred by UNC from their vendors for delivery of items utilized for the AAA Nutrition
Program, a large increase in food costs due to drought or flood, or a large increase in the cost of
beef, poultry, pork and center plate (main course) items that are outside the normal CPI increase and
due to circumstances outside the Contractor's control. A request for increase must be provided in
writing and justification for the rate increase must be provided. All requests will be reviewed by the
AAA Division Head and if approved, a new adjusted meal rate will be effective the first day of July
for the following twelve (12) months. The salad bar rate will not be subject to an automatic rate
increase each year and will remain a separate negotiation.
3. Closures:
a. It is the policy of the Weld County Senior Nutrition Program to maintain a reasonably
consistent schedule of meal service. However, factors which normally preclude serving of
meals is lack of transportation, meal site closures, vendor closure, or administrative office
closures. When Contractor is requesting an unplanned closure, the AAA will not be charged
for meals that were ordered
i. The following dates are identified as preplanned closures for the 2021-2022 Fiscal
year
1. Independence Day, (July 5, 2021)
2. Labor Day (September 6, 2021)
3. Veterans Day (November 11, 2021)
4. Thanksgiving Day (November 25, 2021)
5. Day after Thanksgiving (November 26, 2021)
2
6. UNC Break (Monday, December 20, 2021 -Sunday, January 2, 2022)
7. President's Day (February 21, 2022)
8. Memorial Day (May 30, 2022)
4. Payment Terms. The parties agree that the County shall pay Contractor for services performed
under this Agreement as follows:
a. Contractor shall submit monthly financial and programmatic reports by the 10th of each
month for meals provided during the previous month;
b. County shall reimburse Contractor $7.26 for a complete meal that meets current nutritional
standards, including a 1/2 half pint of 1% milk. Contractor shall be reimbursed on a monthly
basis;
c. County shall reimburse Contractor $2.99 per salad bar serving. A salad bar serving equals
half the number of meals ordered at each meal site with a salad bar, with a minimum number
of 20 servings;
d. County shall reimburse Contractor $6.26 for a frozen meal;
e. County shall reimburse Contractor at negotiated rates for special program enhancements;
i. Enhancements include up to $2,000.00 each December for the Prime Rib Dinner up
to a maximum of 1,100 meals total or 550 meals each day for two (2) days.
f. Contractor shall allow all federal and state funding agencies the opportunity to review all
records maintained by Contractor for the Nutrition Program auditing purposes; and
g. Submit other reports as requested by County for monitoring and evaluation purposes.
5. Inspection and Acceptance. The Weld County Department of Human Services' Area Agency on
Aging, Colorado Department of Human Services and the Weld County Department of Public Health
and Environment reserve the right to inspect preparation and quality of the meals served under this
Agreement at all reasonable times and places during the term of the Agreement. Inspection and
Acceptance as used in this clause includes quality of food products, manner of preparation and
service provided during the performance of the scope of work. If any of the services provided or any
food products or preparation does not conform to contract requirements, including defects in the
quality or quantity of services, the County may be required to take necessary action, including but
not limited to a reduction ii payment equal to the number of complete meals affected, to ensure that
the future performance conforms to established requirements.
6. Legal Authority. Both parties warrant that they possess the legal authority to enter into this
Agreement and that they have taken all actions required by established procedures, by-laws, and/or
applicable law to exercise that authority, and to lawfully authorize their undersigned signatory to
execute this Agreement and to bind the other to its terms. The persons executing this Agreement on
behalf of each party warrant that such person has full authorization to execute this Agreement.
7. Confidentiality. It may be necessary for the employees or agents of the County Nutrition Program
to disclose confidential information to the State's representatives so they can perform the work
described herein. At the time of disclosure, the County Nutrition Program's personnel shall mark all
data to be held confidential with the words "Confidential Information". Confidential information will
not include information that:
3
a. At the time of disclosure or subsequent to that time is generally available to the public;
and/or
b. Is made known to Contractor by a third party not connected with Contractor or the County.
Except as may otherwise be required by law, both parties agree to use best efforts to maintain the
confidentiality of the information, not use the information for any purposes other than contained in the
scope of work defined in this Agreement, and not disclose the information to anyone other than those
directly involved with this Agreement.
8. Assignment. Neither party shall assign or transfer any interest in this Agreement, delegate any of its
obligations, nor assign any claims for money due or to become due under this Agreement, without
the prior written approval of the other party.
9. Termination. Either party may terminate this Agreement upon not less than ninety (90) days prior
written notice to the other party. If notice is so given, this Agreement shall terminate upon the
expiration of the specified time period, and the liability of the parties hereunder for further
performance of the terms of this Agreement shall thereupon cease, however, neither party shall be
released from its duty to perform until the date of termination. This Agreement shall be terminated
immediately in the event the County's Nutrition Program loses funding, except that the County shall
be liable to the Contractor for the cost of any products purchased specifically for the Nutrition
Program and not otherwise usable by Contractor. In the event that the County pays for said products,
said products shall be delivered to the County.
10. Changes and Amendments. No amendment to this Agreement shall be valid unless it is made in a
writing signed by the authorized representatives of the parties.
11. Representatives
For Department:
Kelly Morrison, Division Head
For Contractor:
Michelle Quinn, Senior Vice President for
Finance and Administration
and Chief Financial Officer
12. Notice. All notices required to be given by the parties hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below. Either party may from time to
time designate in writing a substitute person(s) or address to whom such notices shall be sent.
For Department:
Jamie Ulrich, Director
P.O. Box A
Greeley, CO 80632
(970) 400-6581
For Contractor:
Michelle Quinn, Senior Vice President for
Finance and Administration and
Chief Financial Officer
501 20th Street, Campus Box 1
Greeley, CO 80639
13. Liability; Insurance. Both parties are public entities within the meaning of the Colorado
Governmental Immunity Act, CRS 24-10-101, et seq., as amended ("Act"). Both parties shall at all
times during the term of this Agreement maintain such liability insurance, by commercial policy or
4
self-insurance, as is necessary to meet its liabilities under the Act. Nothing in this Agreement shall
be construed as a waiver of the protections of said Act. Nutrition Program is self -insured under Weld
County's home -rule charter. Upon request by one party, the other party shall show proof of such
insurance. Each party hereto agrees to be responsible for its own wrongful or negligent acts or
omissions, or those of its officers, agents, or employees to the full extent allowed by law.
14. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in the District
Court in and for Weld County, State of Colorado.
15. Third Party Beneficiaries. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement and all rights of action relating to such enforcement shall be
strictly reserved to Contractor and the County. Nothing contained in this Agreement shall give or
allow any claim or right of action whatsoever by any other third person. It is the express intention of
Contractor and the County that any such person or entity, other than Contractor or the County,
receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only.
16. Waiver. The waiver of any breach of a term, provision, or requirement of this Agreement shall not
be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement,
or of any other term, provision or requirement.
17. 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
18. Entire Understanding. This Agreement, together with all attachments hereto, constitutes the entire
understanding between the parties with respect to the subject matter hereof, and may not be changed
or modified except as state in Paragraph 10 herein. This Agreement shall be binding upon the parties
hereto, their successors, heirs, legal representatives, and assigns. The Contractor and the County may
not assign any of its rights or obligations hereunder without the prior consent of both parties.
19. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties
understand and agree that all terms and conditions of this Agreement, any exhibits or attachments
hereto which may require continued performance, compliance, or effect beyond the termination date
of the Agreement shall survive such termination date and shall be enforceable by either party
provided herein in the event of such failure to perform or comply by the other party.
20. Licenses, Permits, and Responsibilities. Contractor certifies that, at the time of entering into this
Agreement, it has currently in effect all necessary licenses, certifications, approvals, and permits
required to properly perform the services covered by this Agreement. Contractor warrants that it will
maintain all necessary licenses, certifications, approvals, and permits required to properly perform
this Agreement, without reimbursement by the County or other adjustment in contract price.
Additionally, all employees of Contractor performing services under this Agreement shall hold the
required licenses or certification, if any, to perform their responsibilities. Any revocation,
withdrawal or nonrenewable of necessary licenses, certifications, approvals and permits required for
5
Contractor to properly perform this Agreement, shall be grounds for immediate termination of this
Agreement by the County.
21. Tax Exempt Status. Both parties are tax-exempt and are not liable for sales, use, excise, property or
other taxes imposed by any federal, state or local governmental taxing authority.
22. Independent Contractor. 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 from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an Independent Contractor. 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. Contractor shall not have authorization, express or implied, to bind County to any
agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor
shall have the following responsibilities with regard to workers' compensation and unemployment
compensation insurance matters: provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law and provide proof thereof
when requested to do so by County.
23. Non -Discrimination. Both parties 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.
21. 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.
6
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,
and year first above written.
COUNTY:
ATTEST:
ddrAvo xid.,;(4
Weld my Clerk to the B
By:
/ ��!�I��= III imilr
?"474 _
Deputy Cle' o th Boars-
•
BOARD OF COUNTY COMMISSIONERS
WELDOUNT, COLORADO
Scott K. James, Pro-Tem
JUN 0 2 2021
TRA TIR
The State of Colorado by and through the Board of
Trustees for the University of Northern Colorado
501 20th Street, Campus Box 1
Greeley, CO 80639
By:
Date:
7
Michelle Quinn May 18, 20 2115:12 MDT)
Michelle Quinn, Senior Vice
President for Finance and
Administration and Chief
Financial Officer
May 18, 2021
New Contract Request
Entity information
Entity Name"
UNIVERSITY OF NORTHERN
COLORADO
Entity ID
&00002838
New Entity?
Contract Name* Contract ID
UNIVERSITY OF NORTHERN COLORADO (PUR.CHA.SE 4780
AGREEMENT - FOOD SERVICES))
Contract Status.
ti....fB REVIEW
Contract lead
COB EXXL:K
Contract lead Email
cobbxxlkfoco.weid.co,us
Parent Contract ID
Requires Board Approval
DES
Department Project #
Contract. Description
NEW PURCHASE AGREEMEN...T. FOR FOOD SERVICES FOR AAA NUTRITION PROGRAM, TERM7 JULY 1, 2021 -JUNE 30,
Contract Description 2
PA ROUTING THROUGH NORMAL APPROVAL. PROCESS. ETA TO CTt;
Contract Type*
AGREEMENT
Amount*
50.00
Renewable'
YES
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HurnanSesvicesLtweldyov.co
Department }lead Email
CM-HurnanServices-
DeptHead eldclov,corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM...
COUNTYA I OR.NEY@WELDC
OV. C:O;M
If this is a renewal enter previous Contract ID
if this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date
0€ `0,, .0 1
Due Date
05/29:.2021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
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
Contact Info
Contact Name.
Purchasing
Review Date
04.,'0112.022
Committed Delivery Date
Contact Type Contact Email
Renewal Date
07 01:2022
2022
Expiration Date
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process.
Department Head
JAMIE LILRICE
DH Approved Date
05.21:2021
final Approval
KOCC Approved
SOCC Signed Date
OCC Agenda. Date
06 02 2021
Originator
CULL)NTA
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
CASE KALOUS;EK.
Finance Approved Date Legal Counsel Approved Date
05 21 2021 05 21 2021
Tyler Ref #
AG 0 0221
Hello