HomeMy WebLinkAbout20092803.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING CONCERNING THE SALE OF A
SMALL BUS AND AUTHORIZE CHAIR TO SIGN - NORTH RANGE BEHAVIORAL
HEALTH
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
Concerning the Sale of a Small Bus between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and North Range Behavioral
Health, 1300 North 17th Avenue, Greeley, Colorado 80631, commencing upon full execution,
with terms and conditions being as stated in said memorandum, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum, 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 Concerning the Sale of a Small Bus
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and North Range Behavioral Health be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of October, A.D., 2009.
ATTEST:
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Weld County Clerk to the Bo
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BY:v
Deputy Clerk to the Board
AP VED4?S TO FOR
County ney
Date of signature: IL tICC t(fl
BOARD OF COUNTY COMMISSIONERS
ELD CO U fjY, COLORADO
cher, Pro-Tem
Sean P. Conway
a Kirkmeyer
David E. Long
2009-2803
IR,B4CI oRtc-) f?k P00017
MEMORANDUM OF UNDERSTANDING
CONCERNING THE SALE OF A SMALL BUS
This Memorandum of Understanding (MOU) is made this day of September, 2009,
by and between the County of Weld, State of Colorado, by and through its Board of County
Commissioners, whose address is 915 10th Street, P.O. Box 758, Greeley, CO 80632, and North
Range Behavioral Health, whose address is 1300 N. 17th Avenue, Greeley, CO 86Cr34. 80631. v)
SUBJECT PROPERTY:
North Range owns one 2006 Thomas Bus, VIN# 1GDHG31U551211936 (the Bus) which,
pursuant to statute and the Weld County Code, was declared surplus by the Board of County
Commissioners, allowing the Bus to be placed for sale when North Range purchased it.
SALE OF SUBJECT PROPERTY:
North Range Behavioral Health (North Range) previously purchased the Bus for a price of
$15,000. Weld County has expressed an interest in reaching an agreement with North Range
whereby Weld County agrees to reduce the price of the Bus sold to North Range, and North
Range agrees to a reduced price for the Bus of $5,000.00, with the condition that the Bus will be
available for use by WCPS upon emergency notice, in the event of a large evacuation where
WCPS requires an additional vehicle for transport. Within thirty days of the effective date of
this MOU, Weld County agrees to refund to North Range any amounts in excess of $5,000.00
previously paid by North Range for the Bus.
NO WARRANTY:
North Range accepted title and ownership of the Bus in an "as is - where is" condition, without
warranty including the absence of warranty of fitness or marketability.
OWNERSHIP:
Title to the Bus was transferred and a Bill of Sale was signed on May 27, 2009. In spite of the
parties' understanding that the Bus will be available for use by WCPS in the event of a large
scale event where a large evacuation would be necessary, North Range continues to be the sole
owner of the Bus, and accepts full responsibility for the Bus, together with the operation of the
Bus, including any maintenance and insurance required to maintain the Bus. Weld County has
had no legal interest in the ownership of the Bus from the date title was transferred. At such
time that North Range no longer owns the Bus, there is no further obligation for North Range to
make such Bus available for a large evacuation.
USE OF SUBJECT PROPERTY BY WCPS:
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2009-2803
North Range agrees that upon being contacted by the Director of WCPS that the use of the Bus is
necessary for the health, safety, and welfare of the Public, North Range will forthwith make the
Bus available to WCPS. In such event, North Range grants to WCPS a license to occupy and
use the Bus, subject to all of the terms and conditions stated below.
A. WCPS shall at all times during its use of the Bus provide sufficient supervision and
maintain adequate control of employees, and ensure that the Bus is only driven by a
competent driver.
B. To the extent permitted by law, WCPS agrees to indemnify North Range from any
liability for the injury or death of any person arising from WCPS's use of the Bus or from
services provided by WCPS while using the Bus. WCPS specifically does not accept
liability for any injury sustained by any person arising from a defect in the Bus or failure
to maintain the Bus. Notwithstanding any statement to the contrary in this Memorandum
of Understanding, Weld County, and WCPS specifically do not waive any immunities to
which they may be entitled under law.
C. Except in the event of contamination of the Bus as a result of a bioterrorist event, WCPS
agrees at the termination of the license provided to use the Bus under this MOU, that
WCPS will remove all WCPS equipment or other personal property, repair any damage
caused by such removal or by WCPS's use, and peaceably yield up the premises clean
and in good order, repair and condition, with damage by fire or unavoidable casualty and
ordinary wear and tear excepted. In the event that the Bus becomes contaminated as a
result of the bioterrorist event, WCPS may then decide, pursuant to statute, whether to
seize, destroy, or decontaminate the Bus if said Bus may threaten the public health.
TERM OF MOU:
This MOU shall become effective upon signing, and the portions of the MOU concerning the use
of the Bus in the event of a large scale event shall remain in effect for one year, with an
automatic renewal from year to year until such time as North Range no longer owns the Bus.
North Range agrees to notify WCPS when North Range has transferred title to the Bus to a third
party.
GENERAL PROVISIONS:
A. The parties to this MOU intend that the relationship between them contemplated by this
MOU is that of independent entities working in mutual cooperation. No employee,
agent, or servant of one party shall be or shall be deemed to be an employee, agent, or
servant of another party to this MOU.
B. Nothing in this MOU shall be construed to require WCPS or Weld County to provide
funding not previously budgeted.
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C. It is expressly understood and agreed that 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 contained in this MOU shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity, other than the undersigned
parties receiving benefits under this MOU shall be deemed an incidental beneficiary only.
NORTH RANGE BEHAVIORAL HEALTH:
By:
Gt1� Zrniaxw ta
Wayn A. Maxwell, Executive Director
ATTEST:
By:
C - rk to the Boa
3
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William F. Garcia, Chair
OCT 2`i2009
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