HomeMy WebLinkAbout20170505.tiffext(6-(AAAL
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: April 30, 2019
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Amendment to Area Agency on Aging
Memorandum of Understanding with Windsor
Recreation Center
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Amendment to Area Agency on Aging's (AAA)
Memorandum of Understanding (MOU) with Windsor Recreation Center. On January 1, 2016, the
Department entered into an MOU with Windsor Recreation Center for the Senior Nutrition Program - the
Friendly Fork (Tyler ID 2017-0505), for the purpose of providing nutrition services and a congregate
meal site to senior citizens sixty (60) years of age and older_ Originally, lunch was only served at the
meal site on Wednesday's and Friday's. In May 2016, Monday's were added. At the request of the
seniors attending the site, AAA would like to add a fourth day of service in the week. The Senior
Nutrition budget can accommodate the increase and the providers for this site, University of Northern
Colorado and the Greeley Gopher, have agreed to the additional day. The intent is to increase services to
four (4) days a week at the Windsor Recreation Center commencing July 1, 2019.
I do not recommend a Work Session. I recommend approval of this amendment.
Sean P. Conway
Mike Freeman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Approve Schedule
Recommendation Work Session
Other/Comments:
Pass -Around Memorandum; April 30, 2019 — (ID 2632) Page 1
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4-11-19
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MEMORANDUM OF UNDERSTANDING
AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
AND WINDSOR RECREATION CENTER
This Memorandum of Understanding (MOU) Amendment, made and entered into 1st day of July 2019, by and
between the Board of Weld County Commissioners, on behalf of the Weld County Department of Human Services,
hereinafter referred to as the "Department", and Windsor Recreation Center, hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an MOU for the Weld County Senior Nutrition Program (the "Original
Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2017-0505,
approved on February 15, 2017.
1Wa1P3-..
WHEREAS the parties hereby agree to amend the term of the Original MOU in accordance with the terms of the
Original MOU, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Amendment, together with the Original Agreement and previous Amendment, constitutes the entire
understanding between the parties. The following change is hereby made to the MOU Documents:
1. Paragraph 2a, Site Responsibilities, is hereby amended as follows:
Allow the Program the use of its kitchen, including equipment and dining area at no cost to the Program as a
congregate meal site, Monday, Tuesday, Wednesday, and Friday between the hours of 9:00a.m. — 3:00p.m.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above
written.
COUNTY:
AI a, : • K.��� BOARD OF COUNTY COMMISSIONERS
Wel. o n ,Clerk to the Bo. d WELD COUNTY, COL • • ADO
By
eputy
Barbara Kirkmeyer, C air
Town of Windsor
250 N. 11th St.
Windsor, CO 80550
By: Jay rahadt (May 13, 2019)
1UN
Jay Eckhardt, Recreation Supervisor
2019
ozo/7- D56�'
RESOLUTION
RE: APPROVE FOURTEEN (14) MEMORANDUMS OF UNDERSTANDING FOR SENIOR
NUTRITION PROGRAM AND AUTHORIZE CHAIR TO SIGN - VARIOUS PROVIDERS
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 Fourteen (14) Memorandums of
Understanding for the Senior Nutrition Program 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 various providers listed below, commencing
January 1, 2016, and with further terms and conditions being as stated in said memorandums of
understanding, and
1. Erie Community Center
2. Evans Community Center
3. Fort Lupton Recreation Center
4. Greeley Senior Activity Center
5. Hill N Park Senior Center
6. Johnstown Community Center
7. Kersey Senior Center
8. LaSalle Community Center
9. Mead Community Center
10. Nunn Senior Center
11. Pierce Senior Center
12. Platteville Community Center
13. Rodarte Center
14. Windsor Recreation Center
WHEREAS, after review, the Board deems it advisable to approve said memorandums of
understanding, copies of which are attached hereto and incorporated herein by reference.
WHEREAS, during the meeting it was discussed that the effective date should be
January 1, 2017, however, subsequently after the meeting it was stated the effective date of
January 1, 2016, was correct, and,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the fourteen (14) Memorandums of Understanding for the Senior Nutrition
Program 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 various providers listed above be and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandums of understanding.
CC: (-ISOCcM/s(3/3-G)
31-11(1
2017-0492 thru 2017-0505
HR0088
RE: FOURTEEN (14) MEMORANDUMS OF UNDERSTANDING FOR SENIOR NUTRITION
PROGRAMS - VARIOUS PROVIDERS
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of February, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO • DO
ATTEST: datife4i104);(1
Weld County Clerk to the Board
BY�� ( � •
outy Clerk to the Board
Clerk the Board
APPROV AS TO
ounty • rney
Date of signature: (2)(C'((1
Julie. C•zad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
arbara Kirkmeyer
2017-0492 thru 2017-0505
HR0088
I biLctici
MEMORANDUM
DATE: January 31, 2017
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services'
Area Agency on Aging (AAA) Memorandum of
Understanding (MOU) with Various Providers
Please review and indicate if you would like a work session prior to placing these items on the
Board's agenda.
Request Board Approval of the Department's Area Agency on Aging (AAA) Memorandum
of Understanding (MOU) with Various Providers. The parties below desire to work together
for the express purpose of providing nutrition services and a congregate meal site to Weld
County senior citizens sixty (60) years of age and other eligible individuals; and to implement
these goals, the parties desire to establish an agreement for the use of the below sites for the
Weld County Senior and Nutrition Program:
Afterglows Senior Center, Lochbuie, CO 80603
Birchwood Apartments — Greeley, CO 80631
Broadview Apartments — Greeley, CO 80634
Erie Community Center — Erie, CO 80516
Evans Community Center — Evans, CO 80620
Fort Lupton Recreation Center — Fort Lupton, CO 80621
Greeley Manor — Greeley, CO 80631
Greeley Senior Housing — Greeley, CO 80631
Greeley Senior Activity Center — Greeley, CO 80631
Hill N Park Senior Center — Greeley, CO 80634
Johnstown Community Center — Johnstown, CO 80534
LaSalle Community Center — LaSalle, CO 80645
Kersey Senior Center — Kersey, CO 80644
Mead Community Center — Mead, CO 80542
Nunn Senior Center — Nunn, CO 80648
Pierce Senior Center — Pierce, CO 80650
Platteville, Community Center 80651
Rodarte Center— Greeley, CO 80631
Wattenberg Community Center — Wattenberg, CO 80621
Windsor Recreation Center — Windsor, CO 80550
2017-0505
Pass -Around Memorandum; January 31, 2017 — ID #'s 976-988, 990-996 Page I
The term of these agreements shall begin January 1, 2016 and be ongoing as long as both parties
desire to maintain the agreement. The MOU's are non -financial agreements and have been
reviewed by Karin McDougal, Assistant County Attorney.
I do not recommend a Work Session. I recommend approval of these Agreements.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Approve
Schedule
Recommendation Work Session
'WI
Other/Comments:
Pass -Around Memorandum; January 31, 2017 — ID ft's 976-988, 990-996 Page 2
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Memorandum of Understanding
AGREEMENT
THIS AGREEMENT, made and entered into this 1st Day of January 2016, 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 Department of Human Services' Area Agency on Aging's
Senior Nutrition Program, hereinafter referred to as the "Program", and Windsor Recreation
Center, located 250 N. 11'" St, Windsor, Colorado 80550 hereinafter referred to as the "Site".
WITNESSETH:
WHEREAS, the parties hereto desire to work together for the express purpose of providing
nutrition services and a congregate meal site to Weld County senior citizens sixty (60) years of age
and older and other eligible individuals: 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 Program;
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree
as follows:
1. Program Responsibilities:
a. Inspect or make provisions for inspections of the meal site to insure the health and
safety of the 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 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 Senior Nutrition Program. The Site may not use any
of the Program's supplies for non -related senior nutrition functions.
2. Site Responsibilities:
a. Allow the Program the use of its kitchen, including equipment and dining area at no
cost to the Program as a congregate meal site, Monday and Friday between the
hours of 9:00 am — 3:00 pm.
oZo/7,.056 - 6)
b. To work collaboratively with all regulatory entities such as Administration on Aging,
Department of Human Services State Unit on Aging, Department of Public Health
and Environment or other like agencies.Notify the Program of closures of the dining
room facility on a scheduled meal day (3) weeks in advance of the closure to allow
the Program time to notify the food and transportation vendors. It will be
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 cancelation requests could jeopardize the ongoing status of the meal site.
c. 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.
d. The Site must adhere to all of the following rules, regulations and procedures set
forth in the following resources: (1) the Weld County Senior Nutrition Program
regulations; (2) the Weld County Senior Nutrition Policy and Procedure Handbook;
(3) all applicable local fire code regulations; and (4) Volume 10 of the Colorado
Department of Human Services Code of Regulations (12 CCR 2510-1).
3. Terms of the Agreement:
a. This agreement shall begin on January 1, 2016 and be ongoing as long as both
parties desire to maintain the agreement.
b. Changes or modification of this Agreement require 30 days notice and shall be in
writing and signed by both parties.
c. Both parties will retain an executed copy of this Agreement on file at their premises.
4. Assurances:
a. The Program agrees that it is an independent contractor and that its officers,
employees, clients, and volunteers do not become employees of the Site, and
therefore are not entitled to any employee benefits as Site 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,
clients, and volunteers do not become employees of the Program, and therefore are
not entitled to any employee benefits as Program 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 Program, its employees, volunteers,
or agents while performing functions as described in this Agreement.
d. The Program, 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. The Site must carry property and liability
insurance in such amounts as needed to protect Weld County, and shall provide
evidence of such coverage to Weld County.
e. The Site shall be solely responsible to provide such liability, worker's compensation
and property insurance, as it deems appropriate and necessary to protect its facility,
and its officers, members, employees, volunteers, agents, Weld County and the
citizens served by the Site. The Program shall have no responsibility, fiscal or
otherwise, to cover any loss or damage experienced by the Site or any damage loss or
injury to any of the Site's officers, members, employees, volunteers, agents or
citizens served by the Site.
f. No officer, member, or employee of the Site and no member of their governing body
shall have any pecuniary interest, direct or indirect, in the approved Agreement or
proceeds thereof.
The Program 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.
h. 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 party to this Agreement.
g.
5. Termination:
a. This Agreement may be terminated upon thirty (30) days written notice by either the
Program or the Site.
b. This Agreement may become null and void if the Site changes their location. A new
contract will be offered when the Site completes all Program, regulatory and code
requirements.
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 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.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day,
month, and year first written above.
Town of Windsor
Jay Eck t, p or
Address 1: _250 N. 11th St
Address 2: _Windsor
State: _CO Zip _80550
Tel: _970-674-3500 Fax: _970-674-3535
Email: jeckhardt(c�windsorgov.com
ATTEST: d.daleAl
Weld C. n lerk to th= Bo rd WELD CQUNTY, COLORADO
BY:
BOARD OF COUNTY COMMISSIONERS
Deputy Cle ; to the Boards / Julie A. Cozad, Chair
FEB 15161
O20 /7- 4,5M(t)
Recreation u ervis
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