HomeMy WebLinkAbout20043153.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT FOR AREA AGENCY ON AGING
SENIOR NUTRITION PROGRAM AND AUTHORIZE CHAIR TO SIGN - WINDSOR
COMMUNITY/RECREATION CENTER
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 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, Area Agency on Aging, and the Windsor Community/Recreation Center, 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 forArea 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,Area Agency on
Aging, and the Windsor Community/Recreation Center 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 1st day of November, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
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d% Robe��rtll))D���n((Masden, air
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Clerk to the Board
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:a.��� William H rke, Pro-Tem
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David . Long
xbunty Utomey
Glenn Vaad
Date of signature: //nn
2004-3153
H R0075
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MEMORANDUM
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ifDATE: October 22, 2004 r
TO: Robert D. Masden. Chair Board of CommissionerWIN O FROM:Walter Speckman, Executive Director, Division of HumaneU
COLORADO Services
SUBJECT: Memorandum of Agreement
Enclosed for Board approval is a Memorandum of Agreement between the Weld County Area
Agency on Aging Senior Nutrition Program and the Windsor Community/Recreation Center.
This non-financial agreement allows the Weld County Area Agency on Aging Senior Nutrition
Program to be held at the Windsor Community/Recreation Center on Wednesday and Friday
between 8: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.
Questions should be directed to Eva Jewell, Director Weld County Area Agency on Aging at
353-3800, extension 3331.
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 1 Day of October 2004,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 Windsor Community/Recreation
Center,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:
1. 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 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 Project provided trash bags.
2004-3153
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, Wednesday and Friday from 8 a.m.to 1:30p.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 BOARD OF COMMISSIONERS
[AXAra-tvd,ve IDA9td
Robert D. Masden, Chair NOV 01 2004 Christina Flores, Recreation Coordinator
Board of County Commissioners
WELD COU OF WELD COUNTY AREA AGENCY ON AGING
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Wal r eckman, Executive Director Eva M. we , Director
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ATTEST: /� " ' /, �`'"'z
WELD COUNTY CLERK TO THE BO• '�Is6i ''
By: .45.1-, ./
Deputy Clerk to the Bo , : t rJ ���s"
ATTESTING TO BOARD OF COUiil
COMMISSIONER SIGNATURES ONLY
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