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Home My WebLink About20170595.tiffRESOLUTION RE: APPROVE SIX (6) 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 Six (6) 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 Service, 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. Afterglows Senior Center 2. Birchwood Apartments 3. Broadview Apartments 4. Greeley Manor 5. Greeley Senior Housing 6. Wattenberg Community 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the six (6) 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= HSOCCm IS(3/ JG) O3/o-1/ II 2017-0595 thru 2017-0600 HR0088 RE: SIX (6) 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 27th day of February, A.D., 2017, nunc pro tunc January 1, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ) ;&k, Weld County Clerk to the Board BY (% . eputy Clerk to the Board ED AS ii County rney Date of signature: 03/0 Co f t -1 Julie A. Cozad, Chair e Freeman XCUSED Barbara Kirkmeyer Steve Moreno, Pro -Tern 2017-0595 thru 2017-0600 HR0088 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 2017-0595 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 -Tern Approve Schedule Recommendation Work Session mr Other/Comments: Pass -Around Memorandum; January 31, 2017 — ID #'s 976-988, 990-996 Page 2 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 Afterglows Senior Center, located 501 Willow Drive, Lochbuie, Colorado 80603 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, Tuesday between the hours of 9:00 am — 3:00 pm. o20/ 7 05- ft5-0 r 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 f 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. g. 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. 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 offL�Lochbuie n� Bill Webb, Senior Center Advisory Board President Address 1: _501 Willow Drive Address 2: _Lochbuie State: _CO Zip _80603 Tel: _303-659-8262_ Fax: _303-+659-8262_ Email: afterglows501Ca?skvbeam.com ATTEST: C/.6urrf/ 'tdi Weld C• • t Clerk to the =oard BY: Deputy CI BOARD OF COUNTY COMMISSIONERS WELD C LORADO nlie A. Cozad, r FEB 2 7 2011 oZo/ 7a o59 O) Hello