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HomeMy WebLinkAbout970350.tiffRESOLUTION RE: APPROVE PURCHASE OF SERVICE AGREEMENT BETWEEN DEPARTMENT OF HUMAN SERVICES AREA AGENCY ON AGING AND GREELEY SENIOR HOUSING CORPORATION AND AUTHORIZE CHAIR 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 Purchase of Service 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 Greeley Senior Housing Corporation, with 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 Purchase of Service 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 Greeley Senior Housing Corporation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 February, A.D., 1997. ATE Wel BY Deput APPROV S TO ounty Att rney /-/6 G-S/1G BOARD OF COUNTY COMMISSIONERS WELD C,pUNTY, COLORADO 'deorge a2 � Constance L. Harbert, Pro- em Baxter, Chair FXCIJSFfl f)ATF OF SIfNINA Dale K. Hall (AYF). FXCIJSFI) r)ATF nF SI(;NINf (AYF). Barbara J. Kirkmeyer / el/L/A Webster 970350 HR0068 PURCHASE OF SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 26th day of February, 1997, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Division of Human Services' Senior Nutrition Program hereinafter referred to as "the Project" and Greeley Senior Housing Corporation hereinafter referred to as the "the Site." WITNESSETH: WHEREAS, the parties hereto desire to work together for the express purpose of providing nutrition services to the participants of the Site, and WHEREAS, to implement this goal, the parties desire to establish an agreement stating the provisions for providing congregate meals to "the Site" participants, and WHEREAS, the Project, due to limited federal funding, must seek support from the Site in order to open an additional senior nutrition meal site, and WHEREAS, the Site is willing and able to provide resources to support the opening of a congregate meal site at Greeley Senior Housing, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Site Responsibilities: a. Allow the Project the use of its kitchen, including equipment and dining area at no cost as a congregate meal site emphasizing meals for the Site participants on Mondays and Thursdays from 10:00 a.m. to 2:00 p.m. b. Meet all space, equipment, fire, health and safety requirements to operate a congregate meal site established by local, state, and federal standards, c. Provide general cleaning and maintenance of the Site dining and kitchen area to include removal of trash and garbage, repairs to the building and grounds, and extermination services when necessary. d. Reimburse the Project for expenses paid to vendors for the purchase of the usual and customary equipment needed to start up a senior nutrition meal program. (See Attachment A.) e. Provide or reimburse the Project for expenses to replace or upgrade serving equipment and consumables as needed to keep the Site functioning. (See Attachment B for example of minor equipment and consumables generally needed to operate a nutrition site.) 970350 f. Provide coffee, tea, creamer, and sugar to complement the meals. g. Designate a paid staff member to act as on -site coordinator of the meal program; duties to include: 1. Insure that the facility meets all health and safety standards referenced above; 2. Recruit and manage a corps of volunteers to carry out the serving of the meals and record keeping. 3. Insure that there is a consistent meal reservation number known to Site participants for reserving meals; 4. Coordinate directly with the Weld County Senior Nutrition Director on all questions and concerns related to the operation of the Site. h. Reimburse the Weld County Senior Nutrition Program $2.00 per meal for every meal ordered for Site participants residing at Greeley Senior Housing. i. Collect the suggested donation of $2.00 per meal from Site participants and return donations to the Project following Project procedures; donations not to include part h above. j. Notify the Project of closures of the Site two (2) weeks in advance of the closure to allow the Project time to notify the food vendor, transportation department and senior participants of the closure. 2. Project Responsibilities: a. Inspect or make provisions for inspection of the Site to insure the health and safety of the meal participants. b. Contract with a food vendor to provide meals for the site and monitor the quality and quantity of food delivered to the Site. c. Deliver meals at designated time and place using the Weld County Transportation Program. d. Provide training and technical assistance to the Site as needed on volunteer management, and implementation of health, safety, and sanitation standards for meal site operation. 3. Terms of the Agreement: a. This agreement shall be ongoing as long as both parties desire to maintain the agreement. b. Per meal reimbursement rate will be determined annually and will be dependent on food vendor per meal charges to the "the Project." c. All Modifications to the Agreement shall be in writing and signed by both parties. 2 970350 d. Both parties will retain a copy of the Agreement on file at their premises. 4. Assurances: a. The Project agrees that it is an independent contractor and that its 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 its 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, its 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 the 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 of proceeds thereof. e. The Project and the Site assure compliance with Title VI of the Civil Rights Act of 1986, and that no persons 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 the 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 my not be changed or modified except as stated in Paragraph 3 herein. 7. Severability: 3 970350 If any section, subsection, paragraph, sentence, clause, or phrase of the 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 the 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 the Agreement as of the day, month, and year first written above. WELD COUNTY BOARD OF COMMISSIONERS .� -fit Georg Baxter, Chair ,,,,,,,6/07 WELD COUNTY DIVISION OF HUMAN SERVICES /' i Waltey Sckman, Executive Director WELD COUNTY AREA AGENCY ON AGING ;Ler, Director CLERK TO T E BOARD Clerk to th- Board ATTESTING TO BOARD OF COUNTY COMMISSIONER SIGNATURES ONLY 4 Greeley Senior Housing Corp. hard Kemme I'" esi i ent 970350 MEMO To: George E. Baxter, Chair Board of County Commissioners From: Walter J. Speckman, Executive Director Human Services Subject: Purchase of Service Agreement with Greeley Senior Housing Corp. Date: February 24, 1997 Enclosed for Board approval is an agreement between the Weld County Area Agency on Aging and Greeley Senior Housing Corporation for senior nutrition meals to be served on Mondays and Thursdays at the senior housing development. The terms of this agreement provide that Greeley Senior Housing Corporation will pay for all start up costs and reimburse the Area Agency on Aging on a per meal basis. The purpose of the agreement is to establish a financial partnership with Greeley Senior Housing that will allow the Area Agency on Aging to provide a senior nutrition site utilizing the program infrastructure that is in place but not to incur costs that would impact the federal grant which subsidizes the program. Please call Linda Piper, Director of the Weld County Area Agency on Aging at extension 3320 if you have additional questions. 970350 Hello