HomeMy WebLinkAbout20092802.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING CONCERNING THE SALE OF A
SMALL BUS AND AUTHORIZE CHAIR TO SIGN - ELDERGARDEN ADULT DAY
PROGRAM
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 Eldergarden Adult Day
Program, 910 27th Avenue, Greeley, Colorado 80634, 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 Eldergarden Adult Day Program 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.
BOARD OF COUNTY COMMISSIONERS
WEL? COUNT , COLORADO
ATTEST: „^ 34Up
Weld County Clerk to the
BY:
Dep4f Clerk
Le,t1 Lail
o the Board
APPROVE AS TO FORM:
ou Ateney
Date of signature: i� IS IN
NarrIFC Garcia, Chair
r - (
Douglass Rademacher, Pro-Tem
Sea p P. Conway
rt ara Kirkmeyer
David E. Long
2009-2802
P00017
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MEMORANDUM OF UNDERSTANDING
CONCERNING THE SALE OF A SMALL BUS
This Memorandum of Understanding (MOU) is made this / 5 day of -fiber; 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
Eldergarden Adult Day Program of Greeley, Colorado, whose address is 910 27th Avenue,
Greeley, CO 80634.
SUBJECT PROPERTY:
Weld County owns one 2005 Ford Bus, VIN# 1FDSE35L35HA00531 (the Bus) which, pursuant
to statute and the Weld County Code, has been declared surplus by the Board of County
Commissioners, allowing the Bus to be placed for sale.
SALE OF SUBJECT PROPERTY:
Eldergarden Adult Day Program of Greeley (Eldergarden) has expressed an interest in
purchasing the Bus at the price of $5,000.00. Weld County has agreed to sell the Bus to
Eldergarden, and Eldergarden agrees to purchase the Bus, at the reduced price 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.
NO WARRANTY:
Upon Eldergarden's payment of $5,000.00 to Weld County, Eldergarden agrees to accept 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:
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, Eldergarden shall 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 will
have no further legal interest in the ownership of the Bus upon transfer of title. At such time
that Eldergarden no longer owns the Bus, there is no further obligation for Eldergarden to make
such Bus available for a large evacuation.
USE OF SUBJECT PROPERTY BY WCPS:
Eldergarden 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, Eldergarden will forthwith make the
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2009-2802
Bus available to WCPS. In such event, Eldergarden 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 Eldergarden 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 Eldergarden no longer owns the Bus.
Eldergarden agrees to notify WCPS when Eldergarden 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.
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
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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.
REQUIRED SIGNATURES:
Each party agrees to sign or execute any documents that may be required to effect the valid legal
transfer of the subject property as agreed in this MOU. The parties agree that the transfer of the
subject property shall be completed on or before October 31, 2009.
ELDERGARDEN ADULT DAY PROGRAM:
By: 4, /iz
ATTEST:
By:
L
Chair
3
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQJ,ORADO
By:
William F. Garcia, Chair
OCT 2 2009
21e-69- aec se
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