HomeMy WebLinkAbout20171199.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR KITCHEN FACILITIES ACCESS AND
AUTHORIZE CHAIR TO SIGN - WELD COUNTY SCHOOL DISTRICT 6
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 License Agreement for access to the
Kitchen Facilities at Jefferson High School between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office,
and Weld County School District 6, commencing May 25, 2017, and ending August 1, 2017, with
further terms and conditions being as stated in said license agreement, and
WHEREAS, after review, the Board deems it advisable to approve said license
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 License Agreement between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's
Office, and Weld County School District 6, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said license agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COSJNTY, COLODO
ATTEST: a ;t1
Weld County Clerk to the Board
APP
ounty Attorney
Date of signature: /1:)(-1/
/ L "1
Julie A. Cozad, Chair
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EXCUSED
Steve Moreno, Pro-Tem
can P. Conway
arbara Kirkmey=r
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2017-1199
SO0038
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/ WORK SESSION REQUEST
RE: License agreement with Weld County School District 6for use of their Kitchen (OnBase #1123)
DEPARTMENT: Sheriff's Office DATE: 04/21/2017
PERSON REQUESTING: Lieutenant Brandon Cody, Detentions Division, Sheriffs Office
Brief description of the problem/issue:
Attached is a license agreement between Weld County and Weld County School District 6 (WCSD6) for use of
a kitchen at Jefferson High School. Beginning May 30th, contractors through Buildings and Grounds will need
to replace the tile in the North Jail Complex kitchen in order to bring it into compliance. Work and cure time to
last till approximately the first of August. With the jail kitchen being shut down for repairs, there is a need for
off -site kitchen services with our contractor, Aramark, in order to prepare meals for in -custody inmates, work
release and ICCS clients.
Several options were considered ranging from charter and non -charter schools, local churches with kitchens,
University of Northern Colorado and mobile on -site kitchens. No charter schools responded to our request nor
was there a church that would accommodate the scale of our service. Two responses from on -site mobile
kitchens were received: US Mobile Kitchen at $73,125 for 2.5 months and Kitchens To Go at $130,712 for 2.5
months. As you can see, WCSD6 responded at $23,855 for 2.5 months.
The attached license agreement has been sent to and reviewed by Frank Haug, Assistant Weld County Attorney
prior to signatures. Please let Toby Taylor or me know if you have any questions or concerns. Thank you for
your time.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
• Authorize the Chair to sign the agreement.
• Deny authorization to sign. This will result in increased cost and possible delays in the project.
• Schedule a work session to discuss further.
Recommendation:
Authorize chair to sign the Licensing agreement with WCSD6.
Approve
Recommendation
Sean P. Conway
Julie A, Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro- I'em
5/l
Schedule
Work Session
Other/Comments:
2017-1199
5O0038
SIEVE REAMS
To: Board of County Commissioners
From: Lieutenant Brandon Cody, Weld County Sheriff — Detentions
Date: April 20, 2017
Subject: License agreement with Weld County School District 6 for use of
their Kitchen
Commissioners,
Attached is a license agreement between Weld County and Weld County School District 6
(WCSD6) for use of a kitchen at Jefferson High School. Beginning May 30th, contractors
through Buildings and Grounds will need to replace the tile in the North Jail Complex kitchen in
order to bring it into compliance. Work and cure time to last till approximately the first of
August. With the jail kitchen being shut down for repairs, there is a need for off -site kitchen
services with our contractor, Aramark, in order to prepare meals for in -custody inmates, work
release and ICCS clients.
Several options were considered ranging from charter and non -charter schools, local churches
with kitchens, University of Northern Colorado and mobile on -site kitchens. No charter schools
responded to our request nor was there a church that would accommodate the scale of our
service. Two responses from on -site mobile kitchens were received: US Mobile Kitchen at
$73,125 for 2.5 months and Kitchens To Go at $130,712 for 2.5 months. As you can see,
WCSD6 responded at $23,855 for 2.5 months.
The attached license agreement has been sent to and reviewed by Frank Haug, Assistant Weld
County Attorney prior to signatures.
I recommend you approve this agreement. Please let me know or Toby Taylor if you have
any questions or concerns. Thank you for your time.
Agree with Staff
Recommendation
Work Session
Requested
Comments
Conway
Cozad
Freeman
Kirkmeyer
Moreno
Southwest Substation
4209 WCR 241/2
Longmont, Colorado 80504
(720) 652-2415
Fax (720) 652-4217
Headquarters
1950 O Street
Greeley, Colorado 80631
(970)356-4015
Fax (970)304-6467
Toll Free (800)436-9276
www.weldsheriff.com
Southeast Substation
2950 9'h Street
Fort Lupton, Colorado 80621
(303) 857-2465
Fax (303) 637-2422
Page I 1
Greeley -Evans
FINANCE DEPARTMENT
1025 NINTH AVENUE
GREELEY, COLORADO 80631
�.rlll tt 'Y CDCi, DISTRICT
Hi Matthew,
Enclosed is the contract for our district. If you could have this signed then email me back a copy
that would be great. Let me know if you have any questions. Thanks for the help with this.
Hope you have a great day!
Jennie Sevens
Purchasing Specialist
Weld County School District 6
1025 9th Avenue
Greeley, CO 80631
970-348-6121 Phone
970-348-6033 Fax
jseverns@greeleyschools.org
Engage, Empower, Inspire
District 6 provides every student with a personalized, welt -rounded and excellent education
in a safe, caring environment.
LICENSE AGREEMENT
Between
Weld County School District 6
And
Weld County, Colorado
THIS AGREEMENT is made and entered into this 06th day of April, 2017, by and
between the County of Weld, whose address is 1150 "O" Street, Greeley, Colorado 80631 a body
corporate and politic of the State of Colorado, by and through its Board of County
Commissioners on Behalf of the Sheriff's Office, hereinafter referred to as "County," and Weld
County School District 6 hereinafter referred to as WCSD6.
WHEREAS, Weld County School District 6, hereinafter WCSD6 has agreed to provide
access to the Kitchen Facilities (Kitchen) at Jefferson High School to the County and it's
Contractor during the period between May 25, 2017 and August 1, 2017.
WHEREAS, Weld County, Colorado, hereinafter the County, has contracted with the
Aramark for the purpose of providing food services in the jail, and
WHEREAS, it is necessary and desirable to specify these services, and the
responsibilities of the County and WCSD6 in completing this project.
NOW, THEREFORE, it is hereby agreed that
1. GRANT OF LICENSE AND SCOPE OF WORK
Subject to the conditions and terms of this Agreement, WCSD6 hereby grants, unto County, its
successors and assigns, a non-exclusive temporary license for purposes of utilizing the Kitchen at
Jefferson High School. WCSD6 shall provide the following services to the County as detailed in
Exhibit A — Scope of Work.
II. COST ESTIMATE
Work will be billed to the County on 30th day of May, 2017. It is estimated that the cost will be
$23,855. No payment beyond this amount will be allowed.
III. PAYMENTS
WCSD6 shall submit invoices 30'h day of May, 2017 and I" day of August, 2017 over the course
of the period (May, 25, 2017 through August 1, 2017). Invoices will be sent to the following:
Weld County Sheriff Office
Matt Elbe, Inmate Services Director
2110"O"ST
Greeley, CO 80631
Payments, identifying a WCSD6 invoice number, will be sent within 30 days of invoice to:
Weld County School District 6
Mandy Hydock, Finance Director
1025 9th Avenue
Greeley, CO 80631
IV. RESPONSIBILITIES AND DAMAGES
WCSD6 will provide access to the kitchen by two (2) WCSD6 staff and Aramark staff and
during 9:30am to 3:30pm. WCSD6 agrees to provide the access free from interference and
obstruction, so that the Contractor can perform its duties as necessary. County shall be
responsible for any damage to the property or its immediately surrounding premises that is not
ordinary wear and tear and is caused by County's activities. County shall take all reasonable
measures to protect the Property. If the Property is damaged by County, County agrees to return
the Property to its previous condition, to the reasonable satisfaction of the WCSD6, as soon as
practicable. Upon termination of this license, County shall be responsible to return the property
to substantially the same condition as it was prior to County accessing the facility. County's
Contractor shall be responsible to meet all expectations of its agreement with the County, and to
be responsible for any damage or liability occurring out of the actions, or negligence, of
contractor.
V. PERIOD OF PERFORMANCE
This agreement will be deemed valid by the authorized signatures and it is anticipated to last
between May 25, 2017 and August 1, 2017.
VI. CHANGES AND TERMINATION
WCSD6 or the County may, from time to time require changes in the Scope of Work of this
agreement. In the event changes are required they must be made with the written agreement of
all parties. Either party may terminate this agreement by giving written notice of such
termination and specifying the effective date thereof, at least thirty (30) days before the proposed
date of termination.
VII. GENERAL PROVISIONS
a. Independent Contractor. Both parties agree that they are independent Contractors and
that their officers, agents or employees will not become employees of each other, nor entitled to
any employee benefits as a result of the execution of this Agreement. Both parties shall perform
their duties hereunder as an independent contractor. Each party shall be solely responsible for its
acts and those of its agents and employees for all acts performed pursuant to this Agreement.
b. Warranty. The County has inspected the Kitchen and finds it suitable for purposes of
this agreement. WCSD6 warranties that the equipment shall remain in working order, and the
Kitchen shall remain functional for purposes of this agreement throughout its term. Should any
equipment or damage occur, unless caused by the County, WCSD6 agrees to repair it as quickly
as possible.
c. Damage due to County. County and its Contractor, agree to be liable for any damage
caused to WCSD6's facilities caused by the County or its Contractor.
d. Indemnity. To the extent permitted by law, WCSD6 and Weld County shall defend,
indemnify and hold harmless each other, its officers, agents, and employees, from and against
injury, loss damage, liability, suits, actions, or willful acts or omissions of each other, or claims
of any type or character arising out of the work done in fulfillment of the terms of this Contract.
e. Compliance with Law. WCSD6 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. Fund Availability. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
B. 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.
h. 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.
i. Entire Agreement. This Agreement contains the entire Agreement and understanding
between the parties to this Agreement and supersedes any other agreements concerning the subject
matter of this transaction, whether oral or written.
j. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable, 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.
k. Force Majeure. 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.
For: Weld County Colorado
Julie A. Cozad, Chair, .Board of
Weld County Commissioners T
Julie Cozad, Chair MAY 0 20 7
For Weld County School District 6
5/1/011
Signature an Date
Title 15;1cc-4-re o.F rift 0-"
1017- //996
EXHIBIT A
SCOPE OF WORK —JEFFERSON HIGH SCHOOL
Weld County Detention Facility will be renovating the kitchen floor in the jail. The
approximate time from start to completion is 4-6 weeks. In order to provide meal
service to 800 inmates, Weld County will utilize the Jefferson High School at 1315
4th Avenue to prepare the hot dinner for the jail inmates. (Breakfast and lunch
sacks will be prepared at the jail utilizing inmate workers, supervised by Aramark
staff.)
One to two times per week, food products will be delivered from the jail, and
stored in the high school's walk in cooler, freezer, or dry storage room. Daily
meal production will be completed utilizing kitchen equipment at the high school
(double stack convention oven, 6 burner stove, steamers, and dishwasher). Pots,
pans, insulated transport containers, and utensils will be brought from the jail on
a daily basis and will be cleaned at the high school prior to each day's use. Once
the meal production is completed, all menu items will be panned in bulk and
delivered to the jail for service to the inmates. A one week construction menu
will be implemented for this renovation.
On a daily basis, Aramark staff, along with two assigned school staff, will open the
high school kitchen at 9:30 am. The delivery vehicle will be unloaded with any
dirty pans and utensils and washed prior to production start. All menu items for
dinner as well as the breakfast pastry will then be prepared. Throughout the day,
continuous cleaning of the kitchen will take place. At the end of the work day, all
prepared food items will be loaded in the transport vehicle to be delivered back
to the jail for dinner meal service. The high school kitchen will close by 3:30 pm,
with all areas cleaned and secured.
Aramark staff will return to the jail for the dinner meal service. High school staff
will end their shift after all cleaning is completed at the school.
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