HomeMy WebLinkAbout20020580.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
JOHNSON MEMORIAL BUILDING
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 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Human Services, Area Agency on Aging, and the
Johnson Memorial Building, with 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 between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Human Services, Area Agency on Aging, and the Johnson
Memorial Building 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 11th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLO
ATTEST:
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GI aad, hair
Weld County Clerk to th o
cf v ( David E. Long, Pro-Tem
BY: /
Deputy Clerk to the . �_�(9jvT,( EXCUSED
♦ --�..` M. J. Geile
AP ED AS T
Iliam H. Jerke
me
Robert D. Masden
Date of signature: inn
2002-0580
(� 1 /A51) HR0073
MEMORANDUM
DATE: February 25, 2002
TO: Glenn Vaad, Chair Weld County Board of
CCommissioners 1`
COLORADO FROM: Walter Speckman, Executive Director, Division of V!!
Human Services
SUBJECT: Memorandum of Agreement between Weld
County Division of Human Services' Area Agency on Aging's
Senior Nutrition Project and the Johnson Memorial Building
in Erie.
Enclosed for board approval is an agreement between the Weld County Area Agency
on Aging's Senior Nutrition Project and the Erie Johnson Memorial Building. The
agreement allows the establishment of a senior nutrition program at Erie's Johnson
Memorial Building effective February 25, 2002.
If you have questions regarding this agreement please contact Eva Jewell at 353-3800,
extension 3331.
2002-0580
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 21St Day of February 2002, 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 Project, hereinafter referred to as the "Project, "and Johnson Memorial Building,
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 Project;
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as
follows:
I. Project 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,record keeping
supplies,and chairs and tables. 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 Project provided trash bags.
Page 2
2. Site Responsibilities:
a. Allow the Project the use of its kitchen, including equipment,dining area at no cost as
a congregate meal/home delivery site, Thursday from 9:30 a.m. to 1:30 p.m.
b. Notify the Project of closures of the dining room facility four(4) weeks in advance of
the closure to allow the Project 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 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 count a(3)weeks notice must be provided to the Project.
e. The Site must adhere to all 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 Project agrees that it is an independent contractor and that it's officers,employees,
and clients do not become employees of the Site, and therefore are 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 Project, and therefore are not entitled to
any employee benefits as the Project's employees, as a result of this Agreement.
c. The Site, it's officers and employees, shall not be held liable for injuries or damages
caused by any negligent acts or omissions of the Project,or its employees, volunteers,
or agents while performing functions as described in this Agreement. The Project,by
Page 3
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 Project 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
Project 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.
WELD COUNTY B ARD OF COMMISSIONERS
SAAA J .
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Glenn Vaad, C — IIIZcx;z) Sondra Slaughter, Buildi Manager
Board of County Commissioners
WELD COUNT VISION OF
HU RVICES
er J. Speckman, Executive Director
WELD COUNTY AREA AGENCY ON AGING
Eva M. Jew , Director
ATTEST: Enta
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WELD COUNTY CLERK Tt,H
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