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HomeMy WebLinkAbout20010269.tiff RESOLUTION RE: APPROVE MEMORANDUM OF AGREEMENT FOR CONGREGATE MEAL/HOME DELIVER SITE AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 a Congregate Meal/Home Delivery Site 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 City of Greeley, 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 for a Congregate Meal/Home Delivery Site 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 City of Greeley 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 29th day of January, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO9PITY, COLORADO ATTEST: 1 4 /t'1 w i Z2áefleCair Weld County Clerk to the ,ar. ' 1861 Ofit? AU/ Tt lenn Vaa , fY6 BY: Deputy Clerk to the Bo ( J4 1 Willi H. Jerke APPRO AS TO F \\7 QA AA i rte , r David E. Long unty Att ey EXCUSED / Robert D. Masden pc. , IQ 2001-0269 HR0072 MEMORANDUM TO: M. J. Geile, Chair Board of County Commissioners l C FROM: Walter J. Speckman, Executive Director Hume Services COLORADO DATE: January 18, 2001 SUBJECT: Memorandum of Agreement with the City of Greeley Enclosed for Board approval is a Memorandum of Agreement between the Weld County Area Agency on Aging Senior Nutrition Program and the City of Greeley Recreation Department. This non-financial agreement updates a previous on-going agreement for the use of the Rodarte Center by the Weld County Senior Nutrition Program for a congregate meal site for seniors on Fridays between 10:30 a.m. and 1:00 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 Linda E. Piper, Director Weld County Area Agency on Aging at extension 3320. 2001-0269 MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 2nd Day of January 2001, 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 the City of Greeley hereinafter referred to as the "Greeley." WITNESSETH: WHEREAS, the parties hereto desire to work together for the express purpose of providing nutrition services to the senior citizens 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 Rodarte Center 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. Recruit and 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. Page Two—Rodarte Center Nutrition Site Agreement 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, Fridays from 10:30 a.m. to 1:00 p.m. b. Notify the Project of closures of the dining room facility three(3)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. 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 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. Page Three—Rodarte Center Nutrition Site Agreement 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. 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. Page Four—Rodarte Nutrition Site Agreement IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement as of the day, month, and year first written above. WELD COUNTY OARD OF COMMISSIONERS CITY OF GREELEY RECREATION DEPA T T-RO RTE CENTER M. J. Bile, Chair 0/ c;29 cah/ Ken D' ato, Recreation Director Board of County Commissioners WELD COUNTY DIVISION OF HUMAN SERVIC /b/V/ C C. wait Speckman, Executive Director i WELD COUNTY AREA AGENCY ON AGING 2 Linda E. Piper, Director ATTEST: LS� E La WELD COUNTY CLERK TO 'R By: Deputy Clerk to the Bo`'•,®u rt>' Hello