HomeMy WebLinkAbout930377.tiff RESOLUTION
RE: APPROVE MEMORANDUM OF AGREEMENT BETWEEN AREA AGENCY ON AGING SENIOR
NUTRITION PROJECT AND JOHNSTOWN COMMUNITY CENTER AND AUTHORIZE CHAIRMAN TO
SIGN
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 Area Agency on Aging Senior Nutrition Project, by and through the
Board of County Commissioners of Weld County, Colorado, and the Johnstown
Community Center, with the 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 Memorandum of Agreement between the Area Agency on
Aging Senior Nutrition Project, by and through the Board of County Commissioners
of Weld County, Colorado, and the Johnstown Community Center be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 26th day of April, A.D. , 1993.
/jOla
WOARD OF TYUNCY ORADISSIONERS
ATTEST: Iy WEL COUNTY, COLORA we Weld County Clerk to the Boarder � ��
onstance L. Harbert, Chairman
BY: ///7 At-,12114-tet4,, / iV / A
Deputy Clerk to the Board W. H. lister, Pro-Tem
APPROVED/AS TO FORM: , c, 22
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Gorge E Baxter
j� age/aft�t X12 -
-- County Attorney Da fr K. l
arbara J. Kirkmeye O
930377
11176657 ;y
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this b1 day of
/ 1993, by and between the County of Weld, State of
Co orado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Division of Human Resources '
Area Agency on Aging' s Senior Nutrition Project, hereinafter
referred to as the "Project, " and Johnstown Community 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 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 . Term:
The term of the Agreement between the Project and the Site
shall be on going.
2 . Project Responsibilities :
a. Representatives of the Colorado State Department of
Social Services, Weld County Health Department, and
the Johnstown Volunteer Fire Department may make
inspections of the congregate meal/home delivery site
at any reasonable time.
b. The Project will work in conjunction with their
contracted food vendor to provide meals .
c. The Project will work in conjunction with local
agencies to provide programs and supportive services
to the senior citizens attending the meal site and
senior center.
d. Recruit and train volunteers to serve congregate
meal/home delivery meals .
e. Do daily sweeping of the kitchen and dining room.
930377
MEMORANDUM OF AGREEMENT BETWEEN THE AREA AGENCY ON
AGING'S SENIOR NUTRITION PROJECT AND JOHNSTOWN
COMMUNITY CENTER Page Two
f. Maintain all records, meal reservation listings, meal
coordination, and scheduling of Project volunteers .
Any equipment acquired from the funds from the Weld
County Senior Nutrition Project shall remain the
property of the Weld County Senior Nutrition Project
but the Site shall have use of the equipment for so
long as the Site continues to function at its current
capacity in Johnstown Colorado.
g. Sanitize all tables, chairs, kitchen equipment, and
kitchen counters before and after serving the Senior
Nutrition meal .
h. Serve all food from self-contained bulk containers
with no food other than coffee and tea being prepared
at the Site.
i . Supply paper plate trays, napkins, paper cups, and
flatware.
j . Dispose of all trash in Project provided trash bags .
3 . Site Responsibilities :
a. The Site agrees to allow the Project the use of it' s
kitchen, including equipment, restrooms, and dining
hall at no cost as a congregate meal/home delivery
site, Wednesdays from 8 : 00 a.m. to 3 : 00 p.m.
b. The Site will notify the Project of closures of the
dining room facility for any reason. Notification
shall be in writing two (2 ) weeks in advance of the
closure to allow the Project time to notify the food
vendor, transportation department or senior center.
c . Clean regularly all dining, kitchen, and restroom
areas of the facilities which the Project uses .
d. Bring to the attention of town administration, any
unsafe conditions, repairs or assistance that are
needed in the facility.
e. Arrange for collection and removal of trash and
garbage.
f. Maintain all equipment and appliances in safe and
working order.
9,' O.477
MEMORANDUM OF AGREEMENT BETWEEN THE AREA AGENCY ON
AGING'S SENIOR NUTRITION PROJECT AND JOHNSTOWN
COMMUNITY CENTER. Page Three
g. Make necessary repairs with reasonable promptness .
h. Provide extermination services, as necessary.
4 . Both parties will retain a copy of this Agreement on file
at their premises .
5 . Modification of Agreement:
All modifications to this Agreement shall be in writing
and signed by both parties .
6 . 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 the execution 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 .
MEMORANDUM OF AGREEMENT BETWEEN THE AREA AGENCY ON
AGING'S SENIOR NUTRITION PROJECT AND JOHNSTOWN
COMMUNITY CENTER. Page Four
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.
7 . TERMINATION:
This Agreement may be terminated upon thirty ( 30 ) days
written notice by either the Project or the Site.
8 . 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 5 herein.
9 . 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.
330377
MEMORANDUM OF AGREEMENT BETWEEN THE AREA AGENCY ON
AGING'S SENIOR NUTRITION PROJECT AND JOHNSTOWN
COMMUNITY CENTER Page Five
10 . 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 above written.
WELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COMMISSIONERS
OF WELD COUNTY JOHNSTOWN COMMUNITY CENTER
� `li 2 l�, j--ttom�
Constance L. Harbert, Chairperson Ray Q]adgp, Johnstown Mayor
ATTEST 1///4%? UU
WELD COUNTY CLERK 0 HE BOARD
By: /'
Deputy Clerk to the B d
WELD COUNTY DIVISION OF
HUMAN/RESOURCES
Wal r J. Speckman
E { utive Director
L.
WELD COUNTY AREA AGENCY ON AGING
id's LIA C=
inda E . Piper, Director
930377
*it
mEmORAnDUn,
Constance L. Harbert, Chairman
wimp e To Board of County Commissioners April 23, 1993
Date
COLORADO FromResources
Walter J. Speckman, Executive Director, Human 5(lr �
jJ Y t
Subject: Senior Nutrition Memorandum of Agreement and Non-Financial
Agreement between the Weld County Senior Nutrition Program and
o n own o mun y en er an o n ug AuLhuiiLy
Enclosed for Board approval is a Memorandum of Agreement and a Non-Financial
Agreement between the Weld County Senior Nutrition Program and the Johnstown
Community Center and the Johnstown Housing Authority.
The Agreements provide the Senior Nutrition Program use of these facilities as
a congregate meal site for the Senior Nutrition Program.
If you have any questions, please feel free to telephone me at 353-3816.
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30376
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