HomeMy WebLinkAbout20131638.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR STRONG PEOPLE PARTNERING PROGRAM AND
AUTHORIZE CHAIR TO SIGN - LOYAL ORDER OF MOOSE LODGE #909
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Strong People
Partnering Program between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Human Services, Area Agency on Aging, and the
Loyal Order of Moose Lodge #909, commencing May 15, 2013, and ongoing, 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 Agreement for Strong People Partnering Program between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
by and through the Board of County Commissioners of Weld County, on behalf of the Department
of Human Services, Area Agency on Aging, and Loyal Order of Moose Lodge #909 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., 2013, nunc pro tunc May 15, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Bo
BY:
EXCUSED
William F. Garcia, Chair
(co ort2Q—Wic
DouglOis Rade acher, Pro-Tem
Deputy Clerk to the
APPR AS
ty'ttorney
Date of signature: -7/i°
Sean P. Conway
Mike Freeman
(L,‘ /\
aarrbara Kirkmeyer
L : 6"_aem
1/43
2013-1638
HR0084
MEMORANDUM
DATE: June 27, 2013
TO: William F. Garcia, Chair, Board of Coygty pmmissioners
FROM: Judy A. Griego, Director,
RE: Memorandum of Understdding between the Weld County
Department of Area Agency on Aging and Loyal Order of
Moose Lodge #909
Enclosed for Board approval is a Memorandum of Understanding between the Department's Area
Agency on Aging and the Loyal Order of Moose Lodge#909. This MOU was reviewed under the
Board's Pass -around Memorandum dated June 21, 2013, and approved for placement on the
Board's Agenda.
The Area Agency on Aging offers a variety of health promotion classes for seniors 60+ in
Weld County. One of the programs is Strong People, an exercise program designed to
improve strength, flexibility and balance by building bone density and muscle mass and
improving joint health.
This MOU is non -financial for the use of a room/space they have available. The term of this
Agreement shall begin on May 15, 2013, and be ongoing as long as both parties desire to
maintain the agreement.
If you have any questions, give me a call at extension 6510.
2013-1638
Strong People Partnering Agreement
AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of May, 2013, 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's
Strong People Program, hereinafter referred to as the "Program", and Loyal Order of Moose
Lodge #909, located at 3456 1lth Avenue, Evans, CO 80620 hereinafter referred to as the "Site".
WITNESSETH:
WHEREAS, the parties hereto desire to work together for the express purpose of providing a
strength training program to Weld County seniors sixty (60) years of age and older and other
eligible individuals: and
WHEREAS, to implement these goals, the parties desire to establish an agreement for the use of
the Site for the Weld County Strong People Program;
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
1. Program Responsibilities:
a. Inspect or make provisions for inspections of the Site to insure the health and
safety of the participants.
b. Work with various resources to recruit participants such as senior centers,
newspapers, and previous participant mailings.
c. Train volunteers in the policies and procedures related to the Program including
but not limited to such items as leading classes, the registration process, and
attendance documentation.
d. Provide equipment and supplies such as hand weights, ankle weights, mats, and
locking cabinet and weight rack for storage of equipment and supplies. Such
equipment shall remain the property of the Weld County Area Agency on Aging.
The Site may not use any of the Program's supplies or equipment for non -related
Strong People functions.
2. Site Responsibilities:
a. Allow the Program the use of its Legion Room, including Basement Storage
Room at no cost to the Program as a Strong People site, Monday through Friday
between the hours of 9:00 am — 5:00 pm or as mutually agreed upon.
b. To work collaboratively with all regulatory entities such as Administration on
Aging, Colorado Department of Human Services State Unit on Aging, or other
like agencies.
c. Notify the Program of closures of the Legion Room on a scheduled class day two
(2) weeks in advance of the closure will allow the Program time to notify the
participants. It will be responsibility of the Site to notify the volunteer leader and
the Weld County Area Agency on Aging of the closure dates. Notification must
be given to the Program office in writing. Repeated cancelation requests could
jeopardize the ongoing status of the Program.
d. Provide oversight and maintenance of the Legion Room to include regular
cleaning, frequent removal of trash and garbage, repairs to the building and
grounds, snow removal and extermination services when necessary.
3. Terms of the Agreement:
a. This agreement shall begin on May 15, 2013 and be ongoing as long as both
parties desire to maintain the agreement.
b. Changes or modification of this Agreement require 30 days notice and shall be in
writing and signed by both parties.
c. Both parties will retain an executed copy of this Agreement on file at their
premises.
4. Assurances:
a. The Program agrees that it is an independent contractor and that its officers,
employees, clients, and volunteers do not become employees of the Site, and
therefore is not entitled to any employee benefits as Site employees, as a result of
the execution of this agreement.
b. The Site agrees that it is an independent contractor and that its officers,
employees, clients, and volunteers do not become employees of the Program, and
therefore are not entitled to any employee benefits as Program employees, as a
result of this Agreement.
c. The Site, its officers and employees, shall not be held liable for injuries or
damages caused by any negligent acts or omissions of the Program, its employees,
volunteers, or agents while performing functions as described in this Agreement.
d. The Program, by and through Weld County, the Board of Commissioners of Weld
County, its officers and employees, shall not be held liable for injuries or damages
caused by negligent acts or omissions of the Site, its employees, volunteers, or
agents while performing this Agreement. The Site must carry property and
liability insurance in such amounts as needed to protect Weld County, and shall
provide evidence of such coverage to Weld County.
e. The Site shall be solely responsible to provide such liability, worker's
compensation and property insurance, as it deems appropriate and necessary to
protect its facility, and its officers, members, employees, volunteers, agents, Weld
County and the citizens served by the Site. The Program shall have no
responsibility, fiscal or otherwise, to cover any loss or damage experienced by the
Site or any damage loss or injury to any of the Site's officers, members,
employees, volunteers, agents or citizens served by the Site.
f. No officer, member, or employee of the Site and no member of their governing
bodies shall have any pecuniary interest, direct or indirect, in the approved
Agreement or proceeds thereof.
g.
The Program and the Site assure compliance with Title VI of the Civil Rights Act
of 1986, and that no person shall, on the grounds of race, creed, color, sex,
handicap, or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under the approved
Agreement.
h. No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any
portion of this Agreement be deemed to have created a duty of care with respect
to any persons not party to this Agreement.
5. Termination:
a. This Agreement may be terminated upon thirty (30) days written notice by either
the Program or the Site.
b. This Agreement will become null and void if the Site changes their location. A
new contract will be offered when the Site completes all Program, regulatory and
code requirements.
6. Entire Agreement:
This Agreement constitutes the entire understanding between the parties with respect
to the subject matter hereof, and may not be changed or modified except as stated in
paragraph 3 herein.
7. Severability:
If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement
for any reason held or decided to be unconstitutional, such decision shall not affect
the validity of the remaining portions. The parties hereto declare that they would have
entered into this Agreement and each and every section, subsection, paragraph,
sentence, clause, and phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences, clauses, or phrases might be declared
unconstitutional or invalid.
8. Non -Appropriation:
No portion of this Agreement shall be deemed to create an obligation on the part of
the county of Weld, State of Colorado, to expend funds not otherwise appropriated in
each succeeding year.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first
written above.
BOARD OF COUNTY COMMISSIONERS
cLs L Dougl s Rademacher, Chair Pro-tem
JUL 0 12813
ATTEST``r";'4o`
Weld County Clerk to the Board
BY
Deputy Clerk to
WELD COUNTY AREA AGENCY
ON AGING
LOYAL ORDER OF MOOSE
LODGE #909
BY:
La
Governo y
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
(rc227?
Eva M. Jew
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