HomeMy WebLinkAbout20073419.tiff RESOLUTION
RE: APPROVE OF MEMORANDUM OF AGREEMENT FOR AREA AGENCY ON AGING
SENIOR NUTRITION PROGRAM AND AUTHORIZE CHAIR TO SIGN - BIRCHWOOD
APARTMENTS
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 Memorandum of Agreement for the Area
Agency on Aging Senior Nutrition Program 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, and Birchwood Apartments, commencing upon full execution, with further terms
and conditions being as stated in said Memorandum of Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said Memorandum of
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 Memorandum of Agreement for the Area Agency on Aging Senior
Nutrition Program 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, and
Birchwood Apartments be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Memorandum of Agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of November, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
.'• ..! p: W�LQ COUNTY, C LORADO
ATTEST: a���- mb-i c
avid E. Loni /
g, Chair
Weld County Clerk to the',Spa `�
� ��p, �y � Willia� e,7-Tem
BY: �. � 2 /lY
De y Cle to the Board
Wil 'am F. Garcia
APPROVED AS TO F
j' Robert D. Masden
my Att ney -ICIa, r
Dougl Radema er
f
Date of signature: 71O
2007-3419
HR0078
n0 r. H-5C l L9) f o/o7
MEMORANDUM
ra
Pt& DATE: October 31, 2007
ITO: David E. Long, Chair, Weld County Board of Commissioners
W�`P�. C
FROM:Walter Speckman, Executive Director, Division of Human LT? A'
COLORADO Services
SUBJECT: Update of the Memorandum of Understanding between
the Weld County Area Agency on Aging's Senior Nutrition Program
and Birchwood Apartments.
Enclosed for Board approval is a Memorandum of Agreement between the Weld County Area
Agency on Aging Senior Nutrition Program and Birchwood Apartments.
This non-financial agreement allows the Weld County Area Agency on Aging's Senior Nutrition
Program to be held at the Birchwood Apartments on Mondays, Wednesdays and Fridays between
9:00 a.m. and 1:30 p.m. The terms of this agreement are on-going unless either party gives a
thirty day notice to cancel or amend. The change in this contract reflects change the ownership
and management of Birchwood.
Questions should be directed to Eva Jewell, Director Weld County Area Agency on Aging at
353-3800, extension 3331.
COLORADO
AREA AGENCY ON AGING
BEV REID
COMMUNITY SERVICE DIRECTOR
SENIOR NUTRITION
1551 NORTH 17TH AVENUE (970)353-3800 EXT 3321
POST OFFICE BOX 1805 FAX(970)304-6442
GREELEY,COLORADO 80632 breid@coweldco.us
2007-3419
Page 1
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 1st Day of October 2007, by and between
the County of Weld, State of Colorado, by through the Board of County Commissioners of Weld
County, on behalf of the Weld County Division of Human Services' Area Agency on Aging's
Senior Nutrition Program, hereinafter referred to as the "Program", and Birchwood Apartments,
hereinafter referred to as the"Site."
WITNESSETH:
WHEREAS, the parties hereto desire to work together for the express purpose of providing
nutrition services to the senior citizens sixty years of age and older of Weld County: and
WHEREAS, the parties desire to provide a congregate meal/home delivery site for senior
citizens in Weld County: and
WHEREAS, to implement these goals, the parties desire to establish an agreement for the use
of the Site for the Weld County Senior Nutrition 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 inspection of the meal site to insure the health and
safety of the meal participants.
b. Work in conjunction with a food vendor to provide meals for the site.
c. Train volunteers to serve both congregate and home delivered meals.
d. Train volunteers to maintain necessary records, take meal reservations, and
coordinate the scheduling of the volunteers.
e. Provide, when not otherwise available and funds allow, the usual equipment needed
to serve meals such as meal carriers, serving equipment, eating utensils and record
keeping supplies. Such equipment shall remain the property of the Weld County
Senior Nutrition Program but may be used by the Site as long as the Site continues
to function as a Senior Nutrition Site.
f. Require volunteers to sanitize all tables, chairs, kitchen equipment, and kitchen
counters before and after serving the Senior Nutrition meal.
g. Dispose of all trash using the Program provided trash bags.
1 cc-2-3V/9
Page 2
2. Site Responsibilities:
a. Allow the Program the use of its kitchen, including equipment, dining area at no
cost as a congregate meal/home delivery site, Monday,Wednesday and Friday
from 9 a.m. to 1:30 p.m.
b. Notify the Program of closures of the dining room facility three (3) weeks in
advance of the closure to allow the Program time to notify the food vendor,
transportation department and senior participants of the closure.
c. Provide general cleaning and maintenance of the facility to include regular cleaning
of the site dinning area, removal of trash and garbage, repairs to the building and
grounds, and extermination and snow removal services when necessary.
d. If the Site plans a special event that will require additional meals that are above the
Site's average daily meal counts a (3) weeks notice must be provided to the
Program.
e. The Site must adhere to all the Weld County Senior Nutrition Program regulations
and policy and procedures including meeting all applicable fire code regulations.
3. Terms of the Agreement:
a. This agreement shall be ongoing as long as both parties desire to maintain
the agreement.
b. All Modifications to this Agreement shall be in writing and signed by both
parties.
c. Both parties will retain a copy of this Agreement on file at their premises.
4. Assurances:
a. The Program agrees that it is an independent contractor and that it's
officers, employees, and clients do not become employees of the Site, and
therefore is not entitled to any employee benefits as the Site's employees,
as a result of the execution of this agreement.
b. The Site agrees that it is an independent contractor and that it's officers,
employees, and clients do not become employees of the Program, and
therefore is not entitled to any employee benefits as the Program's
employees, as a result of this Agreement.
Page 3
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, or its
employees, volunteers, or agents while performing functions as described
in this Agreement. 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.
d. 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.
e. 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.
f. 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 a party to this Agreement.
5. Termination:
This Agreement may be terminated upon thirty (30) days written notice by either
the Program or the Site.
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 is 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.
Page 4
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 duly executed this Agreement as of
the day, month, and year first written above.
D COUNTY BOARD OF COMMISSIONERS BIRCHWOOD EHP, L.P.
David E, Long Chair NOV 0 5 2007 Jon ' mor,V.P. of Genera Partner
Board of County Commissio rs Bir wood Senior Housing Corporation
WELD COUNTY DIVISION OF
ig A i SERV S
e . ' .eckman, Executive Director
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WELD COUNTY AREA AGENCY ON AGING
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O �/� /i// .' 01) � Eva M. Je irector
WELD 0 NTY CLER TO THE BOARD
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By: I�� t "1ra`i`- �`�`" C.
Det Clerk o the Board
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