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HomeMy WebLinkAbout920264.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICE AGREEMENT BETWEEN AREA AGENCY ON AGING AND AMY'S GRIME STOPPERS AND AUTHORIZE CHAIRMAN TO SIGN 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 Purchase of Service Agreement between Weld County Division of Human Resources' Area Agency on Aging and Amy's Grime Stoppers, commencing March 23, 1992, and ending December 31, 1994, with the further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Purchase of Service Agreement between Weld County Division of Human Resources' Area Agency on Aging and Amy's Grime Stoppers, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of March, A.D. , 1992. BOARD OF COUNTY COMMISSIONERS ATTEST: MetWELD COUNTY, COLORADO Weld County Clerk to the Board EXCUSED Ge ge Kennedy, Chairman BY: / 72-4. AAA Deputy Clerk to the Boar Constance L. Harbert, ro-Tem APPROVED AS TO ORM: � C. W. Kir y County Attorney Gor o y tp I-fi,,,"AAW if W. H. Webster 920264 / �ot�� ' � c : HI , GRIM. '5-Farkas PURCHASE OF SERVICE AGREEMENT This Agreement, made and entered into this IA- day of 71(J))(I}l , 1992, 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 Division of Human Resources' Area Agency on Aging, hereinafter referred to as "AAA," and Amy's Grime Stoppers, hereinafter referred to as "AGS." WITNESSETH WHEREAS, AAA develops and administers the Area Plan for a comprehensive and coordinated system of services, and WHEREAS, AAA serves as the advocate and focal point for older persons with the greatest economic and social need, and WHEREAS, AGS is a private-for-profit business existing for the purpose of providing cleaning services to individual clients, and WHEREAS, AAA desires that AGS provide one time deep cleaning services to designated eligible seniors. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: 1. Term: The term of this Agreement shall be from March 1, 1992 through December 31, 1994. The Agreement will be evaluated each year by both parties and the terms of the Agreement will be mutually agreed upon and established in an amendment to the Agreement. The basis for renegotiation of the Agreement will be satisfactory performance of the provider, availability of funds, priorities as established by the Area Agency on Aging, and need for the service. 2. AGS: The following roles and responsibilities shall be assigned to AGS in the implementation of this Agreement: a. AGS agrees to complete a cleaning assessment for each client with each client either on site or via phone. b. AGS agrees not to charge mileage expenses to AAA unless prior authorization has been given. c. AGS agrees to send an itemized bill for each client to the AAA. .921)°264 Purchase of Services Agreement between AAA and AGS Page Two 3. AAA: The following roles and responsibilities shall be assigned to the AAA in the implementation of this Agreement: a. The AAA hereby agrees to pay up to $150 per deep cleaning job to AGS. Exceptions will be approved by the AAA on an individual basis depending on need. b. AAA will provide AGS the name and address of eligible clients and any additional information regarding the type of cleaning services needed. c. AAA agrees to reimburse AGS within two (2) weeks of receiving itemized bills. 4. Modification of Agreement: Any changes, including increases or decreases of amount of compensation for agreed upon services, shall be incorporated in written amendments to this Agreement. All modifications to this Agreement shall be in writing and signed by both parties. 5. Assignment: This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof, and may not be changed or modified except as stated in paragraph four (4) herein. 6. Assurances: a. AGS agrees that it is an independent contractor and that its officers and employees do not become employees of Weld County, and therefore they are not entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. b. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by negligent acts or omissions of AGS, or his employees, volunteers, or agents while performing AGS's duties as described in this Agreement. AGS shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its officers and employees for any loss occasioned as a result of the performance of this Agreement by AGS, his employees, volunteers, and agents. 920264 Purchase of Services Agreement between AAA and AGS Page Three c. 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 a party of this Agreement. d. 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. e. No officer, member, or employee of Weld County, and no member of their governing bodies shall have any pecuniary interest, direct, or indirect in the approved Agreement or the proceeds thereof. f. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is 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. 7. Termination: This Agreement may be terminated by either party giving a thirty (3) day written notice to the other party. This Agreement shall be terminated immediately in the event of loss of funding for this program by either party. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month, and year first written above. WELD COUNTY BOARD OF COMMISSIONERS AMY'S GRIME STOPPERS Constance L. Harbert, Chairman Pro-tem Amy McFar WELD COUNTY DIVISION OF ATTEST: W"ell HUMAN RES WELD CO TY CLERK T BOARD 6,�� By: ��."1i¢� C�� Walt j 4�Speckman Deputy Clerk to the Board Executive Director 920264 ArierTsht mEmORAnDum Willie George Kennedy, Chairman To Board of Wald County Commissioners March 16 1962 ,,,, yppy COLORADO From Walter J. Sperkman, Executive Director. Human Resources UJIRN' SubjecPllrchase of Service Agreement between Area Agency on Aging and Amy's Grime Stoppers Enclosed for Board approval is a Purchase of Services Agreement between the Weld County Division of Human Resources' Area Agency on Aging and Amy's Grime Stoppers. Amy's Grime Stoppers will provide one-time deep cleaning to designated eligible seniors for $150.00 per cleaning job. The term of the Agreement is from March 23, 1992 through December 31, 1994. If you have any questions, please telephone Linda Piper at 353-3816, ext. 3320. 920264 4IC Hello