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HomeMy WebLinkAbout20232937.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR AREA AGENCY ON AGING (AAA) SENIOR NUTRITION PROGRAM (FRIENDLY FORK), AND AUTHORIZE CHAIR TO SIGN - TOWN OF WINDSOR 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 Understanding for the Area Agency on Aging (AAA) Senior Nutrition Program (Friendly Fork), 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, and the Town of Windsor, commencing September 1, 2023, and ending August 31, 2026, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Understanding for the Area Agency on Aging (AAA) Senior Nutrition Program (Friendly Fork), 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, and the Town of Windsor, 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 understanding. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2023, nunc pro tunc September 1, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: Mike,.$ eman, Chair Weld County Clerk to the Board BY:alltd2-11( I,ddIfiO) Deputy Clerk to the Board APP'FARM: ` county Attorney Date of signature: t DI Oa I Z3 erry L. Bu , , Pro-Tem Jame s Ross ED Saine cc: I -I S D 10113/23 2023-2937 HR0095 Con-hvaC-[ l E 7-{Z1 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Memorandum of Understanding (MOU) between Weld County Department of Human Services (WCDHS) and the Town of Windsor DEPARTMENT: Human Services DATE: September 26, 2023 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department is requesting to enter into a Memorandum of Understanding (MOU) with the Town of Windsor to provide Friendly Fork Program nutrition services and a congregate meal site for Weld County senior citizens sixty (60) years of age and older, and other eligible individuals. What options exist for the Board? Approval of the MOU between WCDHS and Town of Windsor. Deny approval of the MOU between WCDHS and Town of Windsor. Consequences: There would not be an agreement between Weld County DHS and Town of Windsor Impacts: The Area Agency on Aging Senior Nutrition Friendly Fork Program would not be able to provide nutrition services, or a congregate meal site located at 250 11th Street, Windsor, Colorado 80550, for senior citizens sixty (60) years of age or older and other eligible individuals. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The Town of Windsor will be invoiced for two days per week meal service with a credit reflecting meal donations received. Recommendation: • Approval of the Memorandum of Understanding (MOU) between WCDHS and the Town of Windsor and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine Pass -Around Memorandum; August 8, 2023 - CMS ID 7427 6/i I Or�Bawt HSD `C tot os t a3 thy,;} ,,t ., 414,3 3°rp 2023-2937 MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND TOWN OF WINDSOR THIS MEMORANDUM OF UNDERSTANDING is entered into this ttillday of Oct)b2V , 2023, by and between the Board of County Commissioners, on behalf of the Weld County Department of Human Services Friendly Fork Program, hereinafter referred to as "Department," and the Town of Windsor hereinafter referred to as "Town". Purpose The purpose of this Memorandum of Understanding (MOU) is to provide Friendly Fork Program nutrition services and a congregate meal site to Weld County senior citizens sixty (60) years of age and older, and other eligible individuals. Term of this Memorandum of Understanding This Memorandum of Understanding (MOU) shall be effective beginning September 1, 2023, through August 31, 2026. Roles and Responsibilities I. Department Responsibilities: a. Inspect or make provisions for inspections of the meal site, located at 250 11' Street, Windsor, Colorado 80550, to insure the health and safety of meal participants. b. Work in conjunction with an approved food vendor to provide meals for the site. c. Train volunteers in the policies and procedures related to the congregate Friendly Fork meal program including, but not limited to, such items as the reservation process, food handling and food safety. d. Provide, when not otherwise available or funds allow, the usual equipment needed to serve meals such as meal carriers, serving equipment, eating utensils, paper products, meal trays, record keeping supplies, tables and chairs. Such equipment shall remain the property of the Weld County Friendly Fork Program. The Site may not use any of the Program's supplies for non -related senior nutrition functions. e. Provide meal service for this site 5 days per week, M -F. f. Provide the Town of Windsor an invoice by the 15th of the month following the month of service, for two days per week meal service (Tuesdays and Thursdays), based on the number of meals ordered. Meal service includes, at a minimum, cost of the meal, transportation, containers, and supplies. oZoo2O -0295 7 g. Include a credit on the invoice to reflect monthly donations. This will be calculated by taking the per meal donation, which is determined by the total amount of donations for every day of the month, divided by the total number of meals ordered for every day of the month. The per meal donation amount will then be multiplied by the total amount of meals ordered for Tuesdays and Thursdays to establish the final credit amount for the month. 2. Town Responsibilities: a. Allow the Program the use of its kitchen, located at 250 11`x' Street, Windsor, Colorado 80550, including equipment and dining area at no cost to the Program as a congregate meal site, Monday through Friday between the hours of 9:00 am — 3:00 pm. b. Work collaboratively with all regulatory entities such as Administration on Aging, Department of Human Services Area Agency on Aging, Department of Public Health and Environment or other like agencies. c. Notify the Program of closures of the dining room facility on a scheduled meal day three (3) weeks in advance of the closure to allow the Program time to notify the food and transportation vendors. It will be the responsibility of the Site to notify senior participants of the closure dates. Notification must be given to the Program office in writing. Please refer to the Area Agency on Aging's Policy and Procedure for Site Cancellation of Meals for more details. Repeated cancellation requests could jeopardize the ongoing status of the meal site. d. Provide oversight and maintenance of the facility to include regular cleaning of the site kitchen and dining area, frequent removal of trash and garbage, repairs to the building and grounds, snow removal and extermination services when necessary. e. Adhere to the rules, regulations and procedures set forth in the following resource: (1) the Weld County Friendly Fork Program regulations and procedures. f. Reimburse the Department the total cost of meal service for this location for two (2) days a week each month, delineated as Tuesdays and Thursdays. g. Pay the Department invoice by the last day of the month following the month of service. Modifications. This Agreement may be modified in writing, in whole or in part, upon approval of the signers. Termination. This Agreement may be terminated at any time by either party giving thirty (30) days written notice to the signers. No portion of this MOU shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated, as this MOU is subject to the availability of funding. Therefore, the Department may terminate this MOU at any time if the source of funding for the services made available to Town is no longer available to the Department, or for any other reason. Town reserves the right to suspend services to clients if funding is no longer available. Entire Agreement. This MOU contains the entire agreement and understanding between the parties with respect to the subject matter hereof and may not be changed or modified except as stated herein. This MOU shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Town and the Department may not assign any of its rights or obligations hereunder without the prior consent of both parties. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this MOU shall be an incidental beneficiary only. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. Independent Contractor. Town agrees that it is an Independent Contractor, and that the Town's officers, agents or employees will not become employees of the Department, nor entitled to any employee benefits from the Department as a result of the execution of this MOU. Town shall perform its duties hereunder as an Independent Contractor. Town shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this MOU. Town, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through the Department and the Department shall not pay for or otherwise provide such coverage for Town or any of its agents or employees. Unemployment insurance benefits will be available to Town and its employees and agents only if such coverage is made available by Town or a third party. Town shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this MOU. Severability. If any term or condition of this MOU shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this MOU shall be construed and enforced without such provision, to the extent that this MOU is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST: ddtx,),) J(;(4 BOARD OF COUNTY COMMISSIONERS Clerk to the Bo.��w� WELD COUNTY, COLORADO BY eputy Clerk to ike Freeman, Chair OCT 0 4 2023 TOWN: Town of Windsor 301 Walnut Street Windsor, Colorado 80550 (970) 674-35,12 By: Tara Fotsch, CPRE, Deputy Director Date: q(2 -012:2) V 040,20 -a1°7 1 tact Entity Information Entity Name * TOWN OF WINDSOR Entity ID* @00002609 Contract Name * TOWN OF WINDSOR FRIENDLY FORK PROGRAM MEMORANDUM OF UNDERSTANDING (MOU) Contract Status CTB REVIEW [) New Entity? Contract ID 7427 Contract Lead * SADAMS Contract Lead Email sadams@weld.gov;cobbx xlk@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * MEMORANDUM OF UNDERSTANDING (MOU) TO PROVIDE FRIENDLY FORK PROGRAM NUTRITION SERVICES AND A CONGREGATE MEAL SITE TO WELD COUNTY SENIOR CITIZENS SIXTY (60) YEARS OF AGE AND OLDER AND OTHER ELIGIBLE INDIVIDUALS. TERM: 09/1 /2023 TO 08/31 /2026. Contract Description 2 PA ROUTED TO CTB ON 9/28/2023 AND ON BOCC AGENDA ON 10/4/2023. Contract Type * Department AGREEMENT HUMAN SERVICES Amount* $0.00 Renewable * NO Automatic Renewal Grant IGA Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Date * 10/04/2023 Due Date 09/30/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 06/30/2026 Committed Delivery Date Renewal Date Expiration Date* 08/31/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/27/2023 09/27/2023 09/28/2023 Final Approval BOCC Approved Tyler Ref # AG 100423 BOCC Signed Date Originator SADAMS BOCC Agenda Date 10/04/2023 Hello