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Home My WebLink About20151917.tiffPRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: June 19, 2018 TO: Board of County Commissioners — Pass -Around FR: Judy A. Griego, Director, Human Services RE: Fiscal Year 2018-19 Purchase of Service Agreement Amendments for the Area Agency on Aging Outreach Services 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 Fiscal Year 2018-19 Purchase of Service Agreement Amendments for the Area Agency on Aging (AAA) Outreach Services. AAA wishes to continue to purchase outreach services through Older Americans Act funding. The vendors noted below were initially brought under contract in FY2015-16 and have been renewed each year thereafter (FY20 16-17 and FY2017-18). They are being renewed a third term for the period of July 1, 2018, through June 30, 2019, for the services and amounts noted below. Vendor Service 4 Description Rate(s)/Unit Maximum CMS ID Reimbursement the Catholic Community Archdiocese Charities Services of and for Services Hispanic Adults Case for Older Management $33.00/Hour $40.00/Hour $160,000.00 1917 k Denver Colorado Legal Services Legal Services $100.00/Hour $63,000.00 1918 1919 4 Commission ABA Greeley Now, Gopher LLC Senior Program Transportation Services Nutrition - $8,419.00/Month (Plus surcharge.) fuel $101,028.00 surcharge.) (Plus fuel Meals on Wheels Purchase and $8.00/Meal $180,000.00 1920 Delivery of Meals North Health Range Behavioral Peer Counseling Services $22.94/1 -lour $90,000.00 1921 Senior Services Resource Transportation Services $12.55/Ride (One-way) $90,000.00 1922 University Colorado of Dining Northern Senior Program Nutrition - Meals $6.57/Meal $2.71/Serving (Salad Bar) N/A 1923 -- Services Pass -Around Memorandum; June 19, 2018 — V of ous) 7-30 Page 1 goo- A./too:ea _{ PRIVILEGED AND CONFIDENTIAL I do not recommend a Work Session. I recommend approval of these amendments and authorize the Director and Chair to sign. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Approve Recommendation Schedule Work Session • Other/Comments: Pass -Around Memorandum; June 19, 2018 (Various) ID (Various) Page 2 PURCHASE SERVICE AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COMMISSION NOW, LLC ABA GREELEY GOPHER This Agreement Amendment, made and entered inta.,iv day of �;r,;,,�, 2018, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Hu ices, Area Agency on Aging, hereinafter referred to as the "AAA", and Commission Now, LLC aba Greeley Gopher, herein ter referred to as the "Greeley Gopher". WHEREAS the parties entered into an Agreement to purchase Transportation Services (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015- 1917, approved on July 1, 2015. WHEREAS the parties hereby agree to amend the term(s) of the Original Agreement in accordance with the terms of the Original Agreement which are 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 terms of this agreement will extend from July 1, 2018 through June 30, 2019. This amendment will terminate immediately in the event of loss of funding. • This Amendment, together with the Original Agreement and previous amendments, constitutes the entire understanding between the parties. The following change is hereby made to the agreement documents: 1. The AAA herby agrees to reimburse Greeley Gopher at a monthly base rate of $8,419.15 plus the allowable fuel surcharge and any additional routes added and approved by the AAA as outlined in the Original Contract. 2. Eaton Area Community Center meal site has been added as a permanent nutrition meal site and is included in the new base rate. • 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: &C COUNTY: Wel► C• my Clerk to the Board BOARD OF COUNTY COMMISSIONERS ELD COUNTY COLORDO Deputy Clerk the B WELD COUNTY AREA AGENCY ON AGING 9 ?", twit Eva M. Jewell, visio4i Head eve Moreno, Chair JUL 3 0 2018 NTRACTOR: mmission Now, LLC aba Greeley Gopher 2881 S31st 6,„uite 4-100 Greeley; CO 8063 a Mark Laux, Member Manager o6 - silt Za�B Date c,20 t5 a 19 11 eordrac# ll Gjcg PURCHASE SERVICE AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COMMISSION NOW, LLC ABA GREELEY GOPHER This Agreement Amendment, made and entered interiday .A ,,,,,a- 17, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human fry s, Area Agency on Aging, hereinafter referred to as the "AAA", and Commission Now, LLC aba Greeley Gopher, hereinafter referred to as the "Greeley Gopher". WHEREAS the parties entered into an Agreement to purchase Transportation Services (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015- 1917, approved on July 1, 2015. WHEREAS the parties hereby agree to amend the term(s) of the Original Agreement in accordance with the terms of the Original Agreement which are 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 terms of this agreement will extend through June 30, 2018. This amendment will terminate immediately in the event of loss of funding. This Amendment, together with the Original Agreement constitutes the entire understanding between the parties. The following change is hereby made to the agreement documents: I. The AAA herby agrees to reimburse Greeley Gopher at a monthly base rate of $8,211.16 plus the allowable fuel surcharge and any additional routes added and approved by the MA as outlined in the Original Contract. • 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: aitartort) (/ Weld County Clerk to the Board ty Clerk to the Boar WELD COUNTY DEPARTM H MANS RVIC den.at agoidec 7-5- aot -I COUNTY: BOARD OF COUNTY COMMISSIONERS WELD CO . COLORD e A. Cozad, Chair NTRACTOR: mission Now, LLC aba Greeley Gopher 1 S3 - - -100 ey, CO 80631 Eva M. Jewell, • 'si' n Head Date L052017 Mark faux, Member Manager 06-497-.x/7 0 1isv cc: HS O Ccrn ;Sett 3-C.7) 7(5,r7 ao Is- 1917 N t2.oceto ib 5/9 ATTEST: Weld Co By: Deputy Clerk PURCHASE SERVICE AGREEMENT AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND COMMISSION NOW, LLC ABA GREELEY GOPHER This Agreement Amendment, made and entered into 151 day of.luly, 2016, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services, Area Agency on Aging, hereinafter referred to as the "AAA". and Commission Now, LLC aba Greeley Gopher, hereinafter referred to as the "Greeley Gopher". WHEREAS the parties entered into an Agreement to purchase Transportation Services (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2015- 1917, approved on July 1, 2015. WHEREAS the parties hereby agree to amend the term(s) of the Original Agreement in accordance with the terms of the Original Agreement which are 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 terms of this agreement will extend through June 30, 2017. This amendment will terminate immediately in the event of loss of funding. • This Amendment, together with the Original Agreement constitutes the entire understanding between the parties. The following change is hereby made to the agreement documents: 1. The AAA herby agrees to reimburse Greeley Gopher at a monthly base rate of $8,211.16 plus the allowable fuel surcharge • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto haveduly executed the Agreement as of the day, month and year first above written ddrAilV ( ty Clerk to the Board WELD COUNTY DEPARTM HUMAN SERVICES LD COUNTY AREA AGENCY ON AGING M. Jewell, isi Eva ead COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO Mike Freeman, Chair CONTRACTOR: JUL 1 1 20;5 ommission Now, LLC aba Greeley Gopher 2881 S. 31st Ave Suite 4-100 Greeley, CO80631 —1 / j Mark Laux, Member Manager 062q -Lill Date zis �-� at ,tom ago/5.-/v? (I) 1-/E0686 RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COMMISSION NOW, LLC, DBA THE GREELEY GOPHER 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 a Purchase of Service Agreement 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 Commission Now, LLC, dba, The Greeley Gopher, commencing upon the full execution of signatures, and ending June 30, 2016, 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 Purchase of Services Agreement 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 Commission Now, LLC, dba The Greeley Gopher, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddstAvt) Jed -L:4 Weld County Clerk to the Board n P. Con uty Clerk to the APPROVED y Attorney Date of signature: -1/024/ arbara Kirkmeyer,, Chair U1 JJ'tJlov,.. - Mike Freeman, Pro -Tern A. Cozad Steve Moreno 7 a ale/ C C : HsN-cm cSkr, 2015-1917 HR0086 MEMORANDUM DATE: June 18, 2015 TO: Board of County Commissioners Pass -Around FR: Judy A. Griego, Director, Human Services RE: Purchase of Services Agreements between the Weld County Department of Human Services' Area Agency on Aging (AAA) and Various Providers Please review and indicate if you would like a work session prior to placing these items on the Board's agenda. Request Board Approval for Purchase of Services Agreements between the Departments' Area Agency on Aging (AAA) and Various Providers. AAA desires to purchase outreach services from the below providers. The term of these agreements begins upon the date of the execution of the agreement by the County and shall continue through June 30, 2016. Provider Service FY16 I. nit Cost FY16 Contract FY15 Current Unit Cost F%IS Current Contract Catholic Charities Northern Hispanic Outreach $33.00 560.000 Expenditure based $60,000 Catholic Charities Northern Case Management $40.00 530,000 New Service New Service Colorado Legal Services Legal Services $100.00 $70,000 Was provided in- house Was provided In-house Eldergarden Adult Day Program SI6.88 $50,000 $15.69 $50,000 Commission Now, LLC dba The Greeley Gopher Senior Nutrition Meal Transport $7472.00 plus Fuel surcharge $100,000 $7,26I.00 S100,000 Meals on Wheels Ilome Delivered Meals $6.00 $140,000 $5.73 $130,000 North Range Behavioral I lealth Peer Counseling $21.34 $80,000 $21.33 $80,000 Rehabilitation and Visiting Nurse Association Homemaker and Personal Care $25.25 $115.000 $24.74 $115.000 Senior Resource Services Volunteer Transportation $12.55 $70,000 $11.98 550,000 I do not recommend a Work Session. I recommend approval of these Agreements. Aoprove Request BOOC yenda Work Session Sean Conway Steve Moreno Barbara Kirkmeyer Mike Freeman Julie Cozad Pass -Around Memorandum; June 18, 2015 Page 1 2015-1917 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July, 2015, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Human Services' Area Agency on Aging, hereinafter referred to as "AAA" and Commission Now, LLC, dba The Greeley Gopher hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, AAA desires to retrain Contractor as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the time available to timely perform the services, and is willing to perform the services according to the terms of this agreement. WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the transportation 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 Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. AAA and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of AAA's Request for Bid (RFB) as set forth in "Bid Package No. B1500062. The RFB contains all of the specific requirements of AAA. Exhibit B consists of Contractor's Response to AAA's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with the AAA to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent individuals performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with ...?()/57917 (i) the standards and requirements of Exhibits A and B within the time limits prescribed by AAA may result in AAA's decision to withhold payment or to terminate this Agreement. In its sole discretion, the AAA, by the Director of the Department of Human Services or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by AAA, and shall continue through June 30, 2016. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit AAA from entering into Agreements which bind AAA for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, AAA shall notify Contractor if it wishes to renew this Contract. 4. Termination. AAA has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the AAA. If this Agreement is terminated by AAA, 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 AAA; (2) the cost of any work which the AAA approves in writing which it determines is needed to accomplish an orderly termination of the work. Upon termination, AAA shall take possession of all materials, equipment, tools and facilities owned by AAA which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to AAA all property or other documents it has possession of under this Agreement, together with all other items, materials and documents which have been paid for by AAA, and these items, materials and documents shall be the property of AAA. Upon termination of this Agreement by AAA, Contractor shall have no claim of any kind whatsoever against the AAA 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 Modification. 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 AAA for such additional services. Accordingly, no claim that the AAA 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. 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 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of AAA, nor entitled to any employee benefits from AAA 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 AAA and AAA shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 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 AAA to any agreement, liability or understanding, except as expressly set forth in this Agreement. 8. Subcontractors. Contractor acknowledges that AAA 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 this Project without AAA's prior written consent, which may be withheld in AAA's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of AAA. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of 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 AAA'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 AAA. 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 services 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 services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by AAA hereunder constitute or be construed to be a waiver by AAA of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the AAA of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the AAA's rights under this Agreement or under the law generally. 6. Compensation/Contract Amount. a. AAA agrees to pay Contractor for services performed as set forth on Exhibit B at the base rate of Seven Thousand Four Hundred and Seventy -Two ($7,472.00) Dollars per month. Charges shall be based on the time actually spent performing the services, but may include additional compensation as detailed below in paragraph b. b. A fuel surcharge may be charged as a percent added to the base rate per Alternate No. 3 Contractor's Appendix D, Fuel Surcharge Allowance Schedule. Alternate No. 1 a and 1 b are authorized by the AAA if a change in service is required. Contractor shall not be paid any other expenses unless set forth in this Agreement. c. Payment to Contractor will be made only upon presentation of a proper claim by Contractor as stated in Bid No. B1500062, Exhibit A, "Invoicing Requirements", page 17. d. Payment for services and all related expenses under this Agreement shall not exceed the limitations provided in Exhibit A, Appendix C, including Alternates No. 1a, 1 b, and Appendix D. In no event shall AAA be required to pay Contractor more than the available grant funds contemplated in this Agreement. Contractor acknowledges no payment in excess of that amount will be made by AAA unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Contractor shall provide invoices to AAA on a monthly basis, with each such invoice providing details regarding the number of drivers and vans used each day; record of monthly mileage; average monthly gas price based on the 10th of each month using the current state average as listed on www.colorado.aaa.com for the month before the month invoiced. AAA shall pay all such invoices, unless in dispute, within 30 days of receipt. AAA 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. The Parties understand that this Agreement is wholly funded by State and Federal funds, and the AAA shall have no obligation to expend any funds not appropriated by the State for purposes related to this Agreement. Contractor understands that AAA is required to conduct periodic evaluations of the activities conducted under this Agreement and to monitor on an ongoing basis the performance of Contractor to insure that the funds made available by the Agreement are expended in keeping with the purposes for which they were awarded; and Contractor accordingly agrees to cooperate fully with the AAA in the conduct of such evaluation and monitoring, including the keeping and supplying of such information, and providing access to documents, records and vehicles to ensure proper maintenance to the AAA for the 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals 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. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The AAA 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. 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. Any modification to these requirements must be made in writing by Weld County. 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 construction 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. INDEMNITY: The Contractor shall defend, indemnify and hold harmless AAA, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract 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, 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, or on account of or in consequence of neglect of the Contractor in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. 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 AAA 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 AAA. A failure to comply with this provision shall result in AAA's right to immediately terminate this Agreement. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the AAA. 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 with the minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; and $50,000 any one fire Professional Liability: Professional liability insurance with minimum limits of liability of not less than $1,000,000, unless waived by the State. Privacy Insurance: If this Contract includes a HIPAA Associates Addendum exhibit, Contractor shall obtain and maintained during the term of this Contract liability insurance covering all loss of Protected Health Information data and claims based upon alleged violations of privacy rights through improper use or disclosure of Protected Health Information (PHI) with a minimum annual limit of $1,000,000. Automobile Liability: Contractor/Contract Professional 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 AAA property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the AAA at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: AAA reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name AAA as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against AAA. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of AAA. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by AAA shall, at the option of AAA, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of AAA. 15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of AAA, including the Weld 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. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. 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. 17. Notices. AAA may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and 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. The County Representative for purposes of this Agreement is hereby identified as, Eva M. Jewell. All notices or other communications (including annual maintenance 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 by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Commission Now, LLC, dba The Greeley Gopher Attn.: President, Mark Laux Address: Address: E-mail: Weld County Area Name: Position: Address: Address: E-mail: Facsimile: 2881 S 31st Avenue, Suite 4-100 Greeley, CO 80631 mark@thegreeleygopher.com Agency on Aging: Eva Jewell Weld County Area Agency on Aging Division Head 315 North 11th Avenue, Building C or PO Box 1805 Greeley, CO 80631 ejewell@weldgov.com (970) 346-3951 18. 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. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and AAA may engage or use other Contractors or persons to perform services of the same or similar nature. 20. 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. 21. Fund Availability. Financial obligations of the AAA 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 AAA does not create an obligation on the part of AAA to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. 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. 24. Governmental Immunity. No term or condition of this contract 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. 25. 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 undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. 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. 27. 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. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. AAA 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 A and B, 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. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this / day of 3 wtiC. ,2010 CONTRACTOR: O ki 5510lY g8 tki, 446" By: Name: MAa4& ZA-W. Mt r113r/- MAwA /- Date dG /Z Z0 I -S— WELD C TY: C� ATTEST: G=,BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Bo. (:'. 1P� L Mi WELD COUNTY, ' OLORADO BY: puty Clerk to the Bo bara Kirkmey-r, Chair JUL - 1 2015 APPROVED AS TO FUNDINPROVED AS TO SU:STANCE: Controller APPROVEDASTO FORM: e County Attorney Ele I or Dep Director of General Services ead oZoi 5- 141-1 CO) Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 13, 2015 BID NUMBER: B1500062 DESCRIPTION: Senior Nutrition Program Meal Delivery Services DEPARTMENT: Department of Human Services Area Agency on Aging MANDATORY PRE -BID CONFERENCE DATE: February 19, 2015 BID OPENING DATE: March 13th, 2015 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: SENIOR NUTRITION PROGRAM MEAL DELIVERY SERVICES. A mandatory pre -bid conference will be held at from 1:00 - 3:00 pm., on February 19, 2015, at the Weld County Area Agency on Aging. The Building is located at 315 N. 11th Ave., Building C in Greeley, the meeting will be on the 3rd floor in the north conference room. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 2:00 pm on March 13, 2015 (Weld County Purchasing Time Clock) PAGES 1 -10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. BID REQUEST #B1 500062 Page 1 You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Eva Jewell at (970) 346-6950, extension 6101, if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. BID REQUEST #B1500062 Page 2 Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder BID REQUEST #B1500062 Page 3 shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. C. Governmental Immunity: No term or condition of the contract 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. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the BID REQUEST #B1500062 Page 4 contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder 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. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and BID REQUEST #61500062 Page 5 acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful BID REQUEST #B1500062 Page 6 bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim there under, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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. R. 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. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree 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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. BID REQUEST #B1500062 Page 7 T. 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. 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. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. BID REQUEST #B1500062 Page 8 The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage's. The successful bidder 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 successful bidder 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. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder 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 successful bidder 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 successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. BID REQUEST #B1500062 Page 9 Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder 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. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insured's: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #61500062 Page 10 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: SENIOR NUTRITION PROGRAM MEAL DELIVERY SERVICES RFP #B1500062 TABLE OF CONTENTS PROPOSAL FORMAT 12 SPECIAL CONDITIONS 14 SCOPE OF WORK. 15 BID FORM 19 APPENDIX APPENDIX A — APPENDIX B — APPENDIX C APPENDIX D APPENDIX E — APPENDIX F — APPENDIX G APPENDIX H Route Addresses and Scheduled Delivery Days 21 Senior Nutrition Meal Site Schedule with Times 23 — Route Schedule . 24 — County & Food Vendor Holidays/Closures 25 Fuel Surcharge Allowance Schedule . 26 Funding Schedule 27 — Frequently Asked Questions 28 — Examples of Nutrition Supplies 29 BID REQUEST #B1500062 Page 11 PROPOSAL FORMAT A qualifying proposal must address all of the following points: 1. Program Name: SENIOR NUTRITION PROGRAM MEAL DELIVERY SERVICES 2. Applicant or Firm Name: 3. Firm Qualifications: a. Type of organization, size, professional registration and affiliations. b. Names and qualifications of personnel to be assigned as management to this project. c. Outline of recent project(s) completed that are related to this type of project. Contractor is required to demonstrate specific project expertise relating to the requirements of the Scope of Work. d. Qualifications of Contractors, subcontractors, or joint venture firm, if appropriate. e. Client references from recent related project(s), including name, address and phone number of individual to contact for referral. 4. Understanding of and Approach to the Project a. Summary of approach to be taken. b. Description of the organization and staffing to be used for the project. c. Indication of information and participation the proposer will require from County staff. d. Indication of time frame necessary to complete the plan review once a Notice to Proceed is issued. 5. Insurance and Supplemental Requirements a. The selected Contractor will be required to provide General Liability insurance coverage with limits of $1,000,000 Each Occurrence; $1,000,000 General Aggregate; $1,000,000 Products/Completed Operations Aggregate; $1,000,000 Personal injury/Advertising injury. This amount of insurance coverage shall be reflected in your estimated professional fee. Contractor shall name Weld County; its elected and appointed officials and employees as additionally insured including on the products and completed operations coverage. The General Liability coverage shall be maintained in full force and effect for the duration of the contract and must be in an amount and format satisfactory to the County. If Contractor fails to provide insurance certificates within seven (7) days of notification by the County, the contract may be canceled by the County. Automobile Liability - Successful bidder 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. BID REQUEST #B1500062 Page 12 Vehicle operators are to possess the appropriate license required to furnish delivery services as specified by the Colorado Department of Motor Vehicles and are in good standing with the State of Colorado. b. Vendor drivers must be insured, licensed and bonded. d. Indemnification: To the extent permitted by law, Contractor shall defend, indemnify and hold harmless the County, its officers, employees and volunteers from all claims, demands, damages, costs, expenses, judgments, attorney fees, liabilities or other losses that may be asserted by any person or entity, including Contractor, and that arise out of or are made in connection with the acts or omissions, relating to the performance of any duty, obligation, or work hereunder. The obligation to indemnify shall be effective and shall extend to all such claims and losses, in their entirety, even when such claims or losses arise from the comparative negligence of the County, its officers, employees and volunteers. However, this indemnity will not extend to any claims or losses arising out of the negligence or willful misconduct of the County, its officers and employees. The preceding paragraph applies to any theory of recovery relating to said act or omission by the Contractor, or its agents, employees, or other independent contractors directly responsible to Contractor, including, but not limited to the following: i. Violation of statute, ordinance, or regulation. ii. Professional malpractice. iii. Willful, intentional or other wrongful acts or failures to act. iv. Negligence or recklessness. v. Premises liability. vi. Strict Liability. vii. Inverse condemnation. viii. Violation of civil rights. ix. Violation of any federal or state statute, regulation, or ruling resulting in a determination by the Internal Revenue Service, Colorado Franchise Tax Board or any other Colorado public entity responsible for collecting payroll taxes, when the Contractor is not an independent contractor. It is the intent of the parties to provide the County the fullest indemnification, defense, and "hold harmless" rights allowed under the law. If any word(s) contained herein are deemed by a court to be in contravention of applicable law, said word(s) shall be severed from this contract and the remaining language shall be given full force and effect. BID REQUEST #B1500062 Page 13 SPECIAL CONDITIONS 1. TERM OF CONTRACT: This contract shall be for a term of one (1) year with an option to extend for up to three additional years with all terms and conditions remaining the same. Renewal shall be by mutual consent, in writing. 2. NON-EXCLUSIVE: The County reserves the right to award more than one Purchase Order for Senior Nutrition Program Meal Delivery Services. 3. TERMINATION OF CONTRACT: WITH CAUSE: The County may immediately cancel this contract for cause. Due cause for termination shall include, but not be limited to failure to deliver meals according to schedule, failure to respond to requests for information or questions in a satisfactory manner, and/or other reasons of unsatisfactory service. Fluctuations or availability of program funding may also be considered as cause for termination. WITHOUT CAUSE: Both the County and the contractor may, upon giving forty five (45) days written notice, terminate this contract with or without cause. 4. CONFIDENTIALITY OF DATA: All financial, statistical, personal, technical; and other data and information relating to County operations which is designated confidential by the County made available to the contractor in order to carry out this agreement will be protected by the contractor from unauthorized use and disclosure by the observance of the same or more effective procedural requirements as are applicable to the County. However, the contractor shall not be required to keep confidential any data or information that is or becomes publicly available, is already rightfully in the contractor's possession, is independently developed by the contractor outside the scope of this agreement, or is rightfully obtained from third parties. 5. INDEPENDENT CONTRACTOR: Selected contractor shall be considered an independent contractor and not an agent of or an employee of Weld County. The contractor does not qualify for tax withholding, worker's compensation as a County employee, or other fringe benefits of any kind. 6. CONFLICT OF INTEREST: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to contractor's employees, agents, relatives, subcontractors, and third parties associated with accomplishing the work hereunder. 7. Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees or agents from making, receiving, providing or offering gifts, entertainment, payments, loans, or other considerations, which could be deemed to appear to influence individuals to act contrary to the best interest of the County. BID REQUEST #B1500062 Page 14 SCOPE OF WORK INTRODUCTION The Weld County Area Agency on Aging (AAA) is implementing a countywide courier network to deliver Senior Nutrition meals, administrative items, meal site supplies, locked moneybags and cash to various Senior Centers, Community Centers and Senior Housing Complexes under the Older American's Act Program. SERVICE REQUIREMENTS The vendor shall provide vehicles, personnel and delivery services for AAA's Senior Nutrition Program, located at 315 N 11th Ave., Bldg. C, Greeley, CO 80631 in accordance with the provisions and requirements as specified herein. Mandatory Minimum Requirements Preferred that vendor has one years experience transporting temperature controlled food products. Vendor must comply with the state of Colorado's insurance requirements, as described in proposal format. Vendor drivers must be insured, licensed and bonded as noted in proposal format (page 13). Verification of carriers and policies in effect must be provided upon request. Vendor will base pricing in Base Bid using $3.00 per gallon fuel cost. Requirements for Handling and Transporting Food Carriers and Supplies Administrative items for Weld County or Senior Nutrition Program may include interoffice mail envelopes, letters, program records, and cash or check deposits. The Vendor will warrant that their delivery staff will perform their duties professionally, communicating in a proper, courteous and intelligible manner with all Weld County AAA staff and consumers while projecting a professional appearance at all times. Vendor must ensure compliance with all insurance requirements as noted in proposal format. The vendor must transport all hot temperature prepared meals in the provided upright, unopened insulated food pan carriers (such as Cambro). The vendor must transport all prepared foods that require cold storage in the provided coolers packed with ice for refrigerated food items. Vendor must have a contingency plan for delivery failure. The vendor must have a contingency plan in the event of a delay due to an auto accident, severe weather, auto failure, major traffic jams, or road closures. The Weld County Senior Nutrition Supervisor shall be notified of any delays that will result in a late delivery of fifteen minutes or more of scheduled delivery. Vendor must maintain process to pick-up locked donation moneybags at meal sites and deliver BID REQUEST #B1500062 Page 15 daily to the Weld County Treasurer's office securely no later than 4:30 pm on same business day. The sum of the money carried daily is approximately $3,100.00. The last vendor driver to arrive at the treasurer's office will pick up the empty moneybags for distribution the next day. Vendor will also be responsible to transport site deliveries from the University of Northern Colorado, Tobey-Kendall dock 1 — 2 times per week and deliver to site on scheduled meal day. Vendor will be required to ensure that all vehicles used for deliveries will maintain a clean and undamaged exterior and interior appearance. Vehicles must be free of significant damage, have no missing parts and be washed on a regular basis. The interior of vendor vehicles should also be free of dirt, debris and trash to maintain a clean area for food transportation. All vehicles must remain smoke free. It is the responsibility of the vendor to secure and transport the prepared food containers and supplies in a safe manner to prevent damage to Weld County property and to ensure safety of the vendor's drivers. Vendors shall provide all delivery vehicles with a means for communication with their drivers. It is the responsibility of the vendor to ensure that employees are physically able to lift up to 50 pounds. The vendor will bring deliveries into each meal site facility and place on serving counters for volunteers to serve. Dollies and/or carts will be provided at each delivery site. Delivery Requirements The vendor must be able to provide meal delivery services throughout Weld County on regularly scheduled routes. Route schedule changes are at the AAA discretion and will be provided to the vendor in writing (via e-mail) 30 days in advance, excluding emergencies beyond the control of the Weld County Senior Nutrition Program. (See Appendix D -List of scheduled county holidays and food vendor closures) If the County must cancel deliveries without notice due to circumstances beyond their control the contractor will still receive payment as reflected in the Base Contract. If the Contractor fails to provide any scheduled services as agreed, for any reason, and this results in any loss of services then there will be no payment for those affected deliveries/services. On scheduled routes, the following standards apply: Meals must be picked up by agreement with AAA at scheduled times, Monday through Friday, excluding holidays or county/food vendor closures as detailed in Appendix D, unless other arrangements are made. Meals will be picked up daily and supplies will be picked up 1-2 times a week at the food vendor location, University of Northern Colorado Tobey-Kendall, and delivered to each meal site. At the end of the delivery route, the transportation vendor will return to the meal sites to pick-up empty meal containers and locked moneybags. Vendor will complete route by returning cambros/coolers to the food vendor and then drop off the moneybags at the Weld County treasurer's office. BID REQUEST #B1500062 Page 16 Invoicing Requirements The vendor must issue an invoice by the 10th calendar day for the previous months' services. If the 10th falls on a Saturday, Sunday, or holiday then the vendor shall issue the invoice by the next business day. Invoices will be submitted in an electronic format with line item detail for each delivery. The vendor shall include the following details to assist with safe meal tracking: 1. The number of drivers and vans used each day. 2. Record of monthly mileage. 3. Average monthly gas price based on the 10th of each month using the current state average as listed on www.colorado.aaa.com for the month before the month invoiced. Example: May 10 invoice will be calculated using April 10 average. 4. If you offer any prompt payment discounts, please indicate this in your proposal. Performance Delivery for the Senior Nutrition Meal Program must adhere to the following: • Pick up prepared food at the food vendor Monday through Friday at 10:30 am. • Food shall be delivered to the meal sites Monday through Friday based on a schedule. (See Appendix B). If a delay of 15 minutes or more occurs past the specified meal time of the individual meal site, the vendor shall notify the AAA Senior Nutrition Supervisor by phone to discuss the reason for the delay. • The vendor shall be available to provide emergency food or supply delivery services during regular business hours for an additional fee based on Alternate #1a. • Any names or contact information of Senior Nutrition Program participants shall be kept confidential based on current regulations as stated in Special Conditions #4, page 14. • The transportation vendor must agree to meet with Weld County AAA administrators as needed to review performance. If, at any time, Weld County AAA administrators find that the vendor is not performing within specifications, the Department will issue a letter detailing the Department's concerns. The vendor will have ten (10) days to respond in writing indicating the steps the vendor intends to take to resolve the matter. If there is a second occurrence within one month of the warning, the Department will issue a second letter and perform daily audits for two weeks. The vendor will provide a response letter and submit electronic, daily reports of deliveries for that period. There will be no charge for those affected deliveries. • Senior Nutrition Meals may not be consumed by the vendor staff. • Vendor staff shall not assist or handle money. Meal Sites will complete donation paperwork for vendor staff to sign and provide the locked money bag for transport to Weld County treasurer's office. • Vendor must complete all required Senior Nutrition forms deemed appropriate by the AAA, such as the Food History Tracking Form. BID REQUEST #B1500062 Page 17 Tracking and Record Requirements The vendor must have one point of contact for customer support, to aid in the tracking of meals and supplies, informing vendor of cancellations, will -call orders, or any non-scheduled changes to be available during regular business hours, 8:00 am to 5:00 pm, Monday through Friday, except holidays and county/food vendor closures. Contact information must be provided outside of normal business that may be utilized in the event of emergencies, such as inclement weather, which may result in meal site closures. BID REQUEST #B1500062 Page 18 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES 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. TOTAL BASE BID: For all work required by the Bidding Documents to complete APPENDIX C for the monthly base rate sum of: Dollars ($ ) ALTERNATE BID ITEMS - ADD/DEDUCT ALTERNATES: Bidders are requested to provide alternate bid pricing in accordance with the Contract Documents. Submit add, deduct or no change adjustments to the Base Bid Price. Alternate No.1a Per mile charge to ADD deliveries or additional meal sites to contract resulting in additional miles to established route for the per mile sum of: $ per each additional mile added. Alternate No. lb Per mile charge to DELETE deliveries or meal sites resulting in a deduction of miles to established route for the per mile credit of: $ per each existing mile deducted. Alternate No. 2 Contractor will be submitting a request for fuel surcharge allowances (such as detailed in the sample in Appendix D). YES NO If yes, please attach your completed proposed fuel surcharge allowance table. Included in this bid packet is a sample format that can be used for this purpose. BID REQUEST #B1500062 Page 19 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. #B1500062. 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 bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid 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 bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 10. BID REQUEST #B1500062 Page 20 APPENDIX A ROUTE ADDRESSES AND SCHEDULED DELIVERY DAYS MEAL SITES MON TUES WED THUR FRI Birchwood 2830 West 27th Street Lane Greeley, CO 80634 X X X Broadview 2915 West 8th Street Greeley, CO 80631 X X Carbon Valley 701 5th Street Frederick, CO 80530 X X Erie Community Center 450 Powers Street Erie, CO 80516 X Evans Community Complex 1100 37th Street Evans, CO 80620 X X Ft. Lupton Community Complex 203 Harrison Avenue Ft. Lupton, CO 80621 X Greeley Manor 1000 13th Street Greeley, CO 80631 X X X Greeley Senior Activity Center 1010 6th Street Greeley, CO 80631 X X Greeley Senior Housing 1717 30th Street Greeley, CO 80631 X X Hill N Park Senior Center 4205 Yosemite Drive Greeley, CO 80634 X Johnstown Community Center 101 W. Charlotte Johnstown, CO 80534 X Kersey Senior Center 415 1St Street Kersey, CO 80644 X X LaSalle Community Center 101 Todd Avenue LaSalle, CO 80645 X Lochbuie Afterglows Senior Center 501 Willow Drive Lochbuie, CO 80603 X BID REQUEST #61500062 Page 21 APPENDIX A (Continued) ROUTE ADDRESSES AND SCHEDULED DELIVERY DAYS MEAL SITES MON TUES WED THUR FRI Mead Community Center 441 3rd Street Mead, CO 80542 X Milliken Community Center 1101 Broad Street Milliken, CO 80543 X X Nunn Senior Center 775 3rd Street Nunn, CO 80648 X Pierce Community Center 221 Main Avenue Pierce, CO 80650 X Platteville Community Center 508 Reynolds Platteville, CO 80651 X Rodarte Center 920 A Street Greeley, CO 80631 X Wattenberg Community Building 1917 Grace Avenue Ft. Lupton, CO 80621 X Windsor Community Center 250 N. 11th Street Windsor, CO 80550 X X Food Vendor University of Northern Colorado (UNC) Toby -Kendall Dining Services 1901 9th Avenue Greeley, CO 80631 X X X X X Treasurer's Office Weld County Treasurer Office 1400 North 17th Avenue Greeley, CO 80632 X X X X X Program Storage Unit AAA/Weld County Storage Unit 300 8th Avenue, Unit B Greeley, CO 80631 On an as needed basis BID REQUEST #B1500062 Page 22 APPENDIX B -WELD COUNTY Weld County Senior Nutrition Sites Birchwood 2830 W. 27th Street Lane • Greeley M,W,F 11:30 970-346-6950 Broadview 2915 W. 8th Street • Greeley T,Th 11:30 970-346-6950 Carbon Valley 701 5th Street • Frederick T,Th 12:00 303-833-3660 Erie 450 Powers Street • Erie Th 12:15 303-926-2795 Evans 1100 37th Street • Evans T,F 11:30 970-475-1132 Fort Lupton 203 S. Harrison Avenue • Fort Lupton M 12:15 303-857-4200 x166 Greeley Manor Greeley Senior Activity Center Greeley Senior Housing* Hill N Park .1000 13th Street • Greeley 1010 6th Street • Greeley 1717 30th Street • Greeley *Residents only M,W,F 11:30 970-346-6950 M,W 11:30 970-350-9440 M,Th 11:45 Residents Only 4205 Yosemite Drive • Greeley W 11:30 970-346-6950 Johnstown 101 W. Charlotte • Johnstown W 12:00 970-587-5251 Kersey 415 1st Street • Kersey T,Th 12:00 970-352-8394 LaSalle 101 Todd Avenue • LaSalle T 11:30 970-284-0900 Lochbuie 501 Willow Drive • Lochbuie T 12:15 303-659-8262 Mead 441 3rd Street • Mead Th 11:45 970-535-4477 Milliken 1101 Broad Street • Milliken M,F 11:30 970-660-5040 Nunn 775 3rd Street • Nunn Th 11:45 970-897-2459 Pierce 221 Main Avenue • Pierce Th 11:30 970-834-2655 Platteville 508 Reynolds • Platteville M 12:00 970-785-2245 x1106 Rodarte Center 920 A Street • Greeley Th 11:15 970-346-6950 Wattenberg 1917 Grace Avenue • Fort Lupton T 12:00 970-346-6950 Windsor 250 N. 11th Street • Windsor W (11:45), F (12:00) 970-674-3500 BID REQUEST #B1500062 Page 23 APPENDIX C: ROUTE SCHEDULE Senior Nutrition Program: Routes MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY DRIVER #1 '> DRIVER #1 DRIVER # I ' °, DRIVER # I R #'t Greeley Senior Center Broadview Greeley Senior Center Rodarte Greeley Manor Greeley Manor Evans Greeley Manor Broadview Birchwood Birchwood Kersey Birchwood Greeley Senior Housing Greeley Senior Housing Kersey DRIVER #2 a DRIVER #2 DRIVER #2 4 DRIVER #2 Milliken LaSalle Hill N Park Mead Evans Platteville Carbon Valley Johnstown Carbon Valley Milliken Ft. Lupton Wattenberg Windsor Erie Windsor Lochbuie DRIVER #3 DRIVER #3 ' DRIVER #3 , DRIVER #3 DR R # ' Pierce Nunn Steps: Start at UNC, Meal Sites (drop off, then pick up), UNC, Treasurer, End **Supplies are typically picked up once — twice a week at the UNC loading dock at Tobey-Kendall Hall to be distributed on the regularly scheduled meal route. BID REQUEST #B1500062 Page 24 APPENDIX D LIST OF SCHEDULED COUNTY OR FOOD VENDOR HOLIDAYS/CLOSURES 2015 Meal Site Closure Dates Monday, February 16, 2015 (President's Day) Monday, May 25, 2015 (Memorial Day) Friday, July 3, 2015 (Independence Day) Monday, September 7, 2015 (Labor Day) Wednesday, November 11, 2015 (Veterans Day) Thursday, November 26, 2015 (Thanksgiving) Friday, November 27, 2015 (Day after Thanksgiving) UNC Holiday Break TBD 2016 Meal Site Closure Dates Monday, February 15, 2016 (President's Day) Monday, May 30, 2016 (Memorial Day) Monday, July 4, 2016 (Independence Day) Monday, September 5, 2016 (Labor Day) Thursday, November 11, 2016 (Veteran's Day) Thursday, November 24, 2016 (Thanksgiving) Friday, November 26, 2016 (Day after Thanksgiving) UNC Holiday Break TBD BID REQUEST #61500062 Page 25 APPENDIX E 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% 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 gas prices as they are found on www.colorado.aaa.com on the 10th of the previous month. BID REQUEST #B1500062 Page 26 Appendix F FUNDING SCHEDULE 2/13/2015 RFP announcements and press releases mailed. 2/19/2015 Pre -Bid Conference will be held at the: Attendance is required Weld County Area Agency 315 North 11th Avenue, Building C, Greeley, CO 3rd Floor North Conference Room 1:00 p.m. - 3:00 p.m. This meeting is being held to provide applicants the opportunity to ask questions regarding the request for proposal and budget process. Additional questions that occur after the 2/19/15 meeting will be accepted through 2/25/15 and all responses will be posted on the Weld County website, www.weldgov.com by 2/27/15. 3/13/2015 Proposals must be received by Weld County Purchasing by or before 2:00 p.m. on March 13, 2015 4/09/2015 Recommendations are presented to the Weld County Area Agency on Aging Advisory Board 5/04/2015 Review and Final approval of vendors by the Weld County Board of Commissioners 6/30/2015 Purchase of Services Agreements are approved and effective July 1, 2015 BID REQUEST #61500062 Page 27 Appendix G Frequently Asked Questions How can I get the dimensions of the (Cambro) food transport containers and are all containers the same dimensions? ANSWER: There are generally four sizes of food transport containers used. The first is a "Camcarrier"; exterior dimensions 24.5" W x 16.25" D x 6" H. Empty container weighs 16 lbs. The second carrier is a standard 48 Quart "igloo camping" type cooler (for milk) Dimensions 25.63 inches x 14.13 in. x 14.13 in. The third carrier is a standart 25 Quart "igloo campling" type cooler (for milk). Dimensions 22.25 in. X 8.25 in. x 13.625 in. The fourth is a soup "Camtainer" 3 3/8 Gallon size. Exterior dimensions 16.5" D x 9" W x 18 3/8" H. How can I find out if a cargo van is needed for this service or can it be accomplished in a private vehicle? ANSWER: Private vehicles may not be used to transport any deliveries. All fleet vehicles are acceptable as long as supplies fit securely. A typical Monday would have approximately 35 Camcarriers (or a mixture of Camcarriers and Camtainers on a soup day). This day would also have about 7 milk coolers. A typical Tuesday would have approximately 40 camcarriers with a minimum of 8 milk coolers. A typical Wednesday would have approximately 38 camcarriers with a minimum of 6 milk coolers. A typical Thursday would have approximately 42 camcarriers with a minimum of 9 milk coolers. A typical Friday would have approximately 36 camcarriers with a minimum of 5 coolers. During the holidays or special events there may be approximately 50 food transport containers plus milk coolers. Please allow room for meal site supplies that may also need to be in the vehicle for delivery. See Scope of Work on pages 16 -18 of the bid packet for information on delivery of supplies and vendor responsibility to secure and transport food containers in a safe manner. Is MS Excel spreadsheet format acceptable for the electronic billing format. ANSWER: Yes How can I find out when the Weld County AAA issues payment checks for invoices turned in by the 10th? Are these checks mailed or available via direct deposit? ANSWER: Checks will be mailed (on average) within three weeks. BID REQUEST #B1500062 Page 28 APPENDIX H: Senior Nutrition Material Examples 48 qt Ice Chest Exterior Dimensions: 25.63 in. x 14.13 in. x 14.13 in. 25 qt Ice Chest Exterior Dimensions: 22.25 in. x 8.25 in x 13.625 in Camcarrier Depth: 16 1/2" Width: 24 1/2" Height: 9 1/8" Camtainer • Height: 18 3/8" • Depth: 16 1/2" • Width: 9" BID REQUEST #B1500062 Page 29 Exhibit B Department of Purchasing 915 10th Street P.O. Box 758 Greeley, Colorado 80632 Bidder must notify the Department of Purchasing of any irregularities or inability to meet the suggested minimum specifications no later than five days before bid opening. Any bids received without blanks being completed in detail will not be considered. I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the products offered for intended use by Weld County will meet all specifications it has so indicated on this bid form. DOES YOUR BID MEET SPECIFICATIONS? YES X NO ALL OR NOTHING BID? X PARTIAL BID? FIRM: Commission Now, LLC, dba The Greeley Gopher BY: Mark Laux BUSINESS ADDRESS: 2881 South 311 Avenue, #4-100 DATE: 03/11/2015 CITY, STATE, ZIP CODE: Greeley, CO 80631 EMAIL: mark(a thegreeleygopher.com TELEPHONE NO: 970-339-5699 FAX: 888-354-9777 TAX ID #: 65-1213029 Proposal for Senior Nutrition Program Meal Delivery Services 1. Program Name Senior Nutrition Program Meal Delivery Services 2. Applicant or Firm Name Commission Now, LLC, dba The Greeley Gopher 3. Firm 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 475+ customers. As of March 2015, many of our initial customers are still with us. We are currently staffed at 5 to 6 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 03/07/2015. Included with this proposal is a copy of our Certificate of Good Standing (Appendix C). Of note is the fact that 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 21 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. 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. Eva M. Jewell Division Head Weld County Department of Human Services Area Agency on Aging PO Box 1805 Greeley, CO 80632 (970) 346-6950, extension 6101 Fax (970) 346-6951 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. c. Indication of information and participation the proposer will require from County staff. Our experience with food delivery over the past several years has shown us how critical it is to have schedule changes, time adjustments, route re- alignments, 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. 5. Insurance and Supplemental Requirements Enclosed with this bid are the following: • A copy of our general liability insurance. (Appendix A) • A copy of our automobile liability insurance. (Appendix B) • A copy of our Certificate of Good Standing from the State of Colorado (Appendix C) • A copy of the Fuel Surcharge Allowance Schedule (Appendix D) 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: March 09, 2015. TOTAL BASE BID: For all work required by the Bidding Documents to complete APPENDIX B for the monthly base rate sum of: Seven thousand four hundred and seventy two dollars and 0/100 ($ 7,472.00) ALTERNATE BID ITEMS - ADD/DEDUCT ALTERNATES: Bidders are requested to provide alternate bid pricing in accordance with the Contract Documents. Submit add, deduct or no change adjustments to the Base Bid Price. Alternate No. 1a: Per mile charge to ADD deliveries or additional meal sites to contract resulting in additional miles to established route for the per mile sum of: $ 2.50 per each additional mile added. Alternate No. 1b: Per mile charge to deliveries or meal sites resulting in a deduction of miles to established route for the per mile credit of: $ 1.80 per each deducted mile. Alternate No. 2: Provide monthly rate for Contractor suggested cost saving alternative route for meal delivery if applicable. Please attach details. Alternate No. 3: Contractor will be submitting a request for fuel surcharge allowances. YES X NO NAME OF BIDDER: Commission Now, LLC, dba The Greeley Gopher ADDRESS OF BIDDER: 2881 South 31st Avenue, Suite 4-100 Greeley, CO 80631 NAME OF AUTHORIZED SIGNATORY OF BIDDER: Mark Laux TITLE OF AUTHORIZED SIGNATORY OF BIDDER: President -Member Manager SIGNATURE OF AUTHORIZED SIGNATORY OF BIDDER DATE: 03/11/2015 APPENDIX A General Liability Insurance APPENDIX B Automobile Liability Insurance APPENDIX C Certificate of Good Standing APPENDIX D Fuel Surcharge Allowance Schedule Appendix A ACQRL7r CERTIFICATE OF LIABILITY INSURANCE DATE (IIIIDD/YM) 3/7/2015 TINS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY /MEND, 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 REPRESENTATWE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an AD[N 11ONAL INSURED, the poicy(ies) must 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 Neu of such endorsement(s). PRODUCER Brightstone Ins. Services, LLC —"--- Jean McNamara tAltri-440-2fi0=3012 r A 4402260-0M- 7530 Lucerne Drive #101 -AriAirl Ir c ama(a@brightstonelns.corn 011C.Mt Middleburg Heights OH 44130 ADDRESS: NSLRER(S) AFFORDING COYERIGE MAIL S INSURER A:American Alternative Ins_ Corp 19720 INSURED COMMI-2 gist rse Perm Star Insurance Company 32859 Commission Now, LLC INSURER C, 2881 S_ 31st Ave Ste 4-100 Greeley CO 80631 INs' -- INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 781429376 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. Tl-E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ IM&R LTR . TYPE O=NAIRAN(E Map yavp POLICYMUMB6t 'YDDIYYry) (MIrOOIYYYY) LIMITB B x COMMERCIAL GENERAL LIABILITY PAC7076435 121112014 12/112015 2A.CH OCCURRENCE 11.000,000 CLAIMS -MADE X OCCUR II 1E calrmee) 1100.000 MED DIP (Dry me person) 05,000 PERSONAL & AIN IWURY 51,000.000 GENL AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ._., POUCY .. PRO- _', JECT . (LOC FITHFR- PRODUCTS- COMPfOP AGG ;Included 5 A : AUTOYDBI.E uABILITY 3FA2CA000004601 8/5/2.014 8/5/2015 `•;..:11 "'"".-CUM $1,000,000 - µY AUTO ODDLY INJURY (Per person) I --. ALL OWNED EDIEDULED _ AUTOS AUTOS ___ NON -OWNED HIRED AUTOS AUTOS BODILY INJURY (Per aoc tlent) I UNBRELLA UAB OCCUR TIKES$ LIAB DARTS -MADE EACH OCCURRENCE $ DEC '... RETENTIONS WORMS COMPENSATION PEN U 1 H- ANDEMPLOYERSLIABILITY STATUTE ER YIN MT FRI`PRl£f DR,PARTNEaExECUTNE `—?NIA OFFICERMEMEER EJICLLIDED? _L EACH ACCIDENT S EL IYCFA.CF - EA JFLOYEE S (Mandatory IN NH) ---U 6 yes, describe under '.. DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT I B Crime PAC7076435 12/1;2014 12/1/2015 Crime $50,000 A Camp & Calks Ded 3FA2CA000004801 8/512.014 815/2015 Ded 81,000 Ded ST,000 DESCRIPTION OF OPERATIONSI LOCATIONS / VEHICLES (ACONO 101, AoMoneR Ranaalka Scaed.M. may be &lido✓ Broom specs Is .egwred) Evidence of insurance only RTIFICATE HOLDER CANCELLATION Weld County AreaAgency on Aging 315C North 11th Ave PO Box 1805 Greeley CO 80632 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS_ AUTHORIZED REPRESENTATIVE /1-114-. /f. c c-A--- ACORD 25 (2014/01) El 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORO Appendix B ACORd CERTIFICATE OF LIABILITY INSURANCE DATE (IMMDDIYYVY) 3/7/2015 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 be endorsed. If SUBROGATION IS WANED, 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 Brightstone Ins. Services, LLC 7530 Lucerne Drive #101 Middleburg Heights OH 44130 INSURED Commission Now, LLC 2881 S. 31st Ave Ste 4-100 Greeley CO 80631 COMMI-2 Jean Mcnamara 440-260-1012 '"" 440-260-0218 "ft- - — TAIc IMLae ADDRESS:jrncnamara@brighistoneins.com _-..- INSURER:1S) AFFORDING COVERAGE NAIL INSURER A :American Alternative Ins_ Corp 19720 INSURER a :. INSURER C INSURER : INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 1254309119 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, TIF 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. INBR! LTA i TYPE OFNSIRANC£ 11813 YAM POLICY NUMBER I POLICY EFF POLICY EXP i 'rl ('Ym LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -WOE OCCUR GEM_ AGGREGATE LIMIT APPLES PER PRO - POLICY ..„J jEci. I LOC CeTHFR' EACH OCCURRENCE S 1.11WIN, !O ttrn I EU PREMISES (Ea occurrence) S MED ERP (Any one person) S PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRIG I'TS - COMPIOP AGG S S A AUTOMOBILE LIABILITY 3FA2CA000004601 ANY AUTO ALL OWNED _ AUTOS '... HIRED AUTOS -7C- SCHEDULED AUTOS NON-0WIED AUTOS 815!2014 8/542015 4l.AlUf1OJ SIMLA= Uri (Ea aoyoere) $1,000,000 BODILY INJURY iPer person) S BODILY INJURY (Per accident) UMBRELLA LIAB OCCUR EXCESS LIAR ■ CLARIS-MACE DED RETENTIONS EACH OCCURRENCE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRCPRIETORfPARTNEEEX EC LITPIE ! OFFICER/WEIMER ExCL oaD, (Manletary IN NIL) Ify�, sesame oCneF O DESCRPTION s PETiATTONS 0EIDa YIN N /A YtH OIH- STATUTE ER EL EACH ACCIDENT EL DISEASE - EA EMPLOYEE $ E.L DISEASE - POUCY LSAT S A Autn Auto 3FA2CA000004601 8/5/2014 8/5!2015 Comp Ded Coaster, Ded 81.000 st,400 DESCRIPTION OF 0PERAT1ONSJ LOCATIONS I VEHICLES (ACORD 1O1, Additional Remarks Schedule, may be ate timers apace Is required) Evidence of insurance only CERTIFICATE HOLDER CANCELLATION Weld County Area Agency on Aging 315C North 11th Ave PO Box 1805 Greeley CO 80632 United States SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRE SBNTATNE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Appendix C OFFICE OF THE SECRETARY OF STA I'E OF THE STATE OF COLORADO CERTIFICATE I, Wayne W_ Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, COMMISSION NOW, LLC is a Limited Liability Company funned or registered on 12/02/2003 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office_ This entity has been assigned entity identification number 20031380133_ This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/05/2015 that have been posted, and by documents delivered to this office electronically through 03/07/2015 @ 15:02:59_ I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 03/07/2015 @ 15:02:59 pursuant to and in accordance with applicable law_ This certificate is assigned Confirmation Number 9117351_ Secretary of State of the State of Colorado **************************************** *ES **End of Certificate*********************s********************Si Notice.: A ceraficate issued elecironicaity floM the Colorado Secretor: of States Web site is fidiv and n entehately redid and effective Howeexw as an option the issuance w iidiiv of a centficate obtained electrorocaity be established by wiring the Certificate Confirmation Page of the Secretary of States Web Site, hap:: Aonvie.sos_statacousihU/CttrtPicatuSearchCritereado entering the certificate's confirmation number drspigoed to, the certificate, and following the instructions displgoed Confirming the u,txewece of a certificate is merely optional and is not tutus try Lit thE wyridiantbdragijais," For Mere itdfaracn tez visit oar Web site hop :f{sewwsos_ rttae co. usi dick Business Curter and select "Frequently As ed_Oeaestionr. CERT GS D aavited O&.70401:18 Appendix D Fuel Surcharge Allowance Schedule Lowest Fuel Variance Highest Fuel Variance Percent added to base rate 3.01 3.06 3.50% 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% * Fuel surcharge allowance begins at $3.01 per gallon and is capped at $4.01 per gallon. Above this price level, temporary or permanent route changes as well as a change in surcharge rates may have to be implemented to maintain consistent service levels. The Weld County Area Agency on Aging uses monthly average gas prices as they are found on www.colorado.aaa.com on the 10th of the previous month. Hello