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
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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
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