HomeMy WebLinkAbout980352.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR USE OF FACILITIES AND AUTHORIZE CHAIR TO
SIGN - MONFORT CHILDREN'S CLINIC
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 an Agreement for Use of Facilities
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 Health Department, and the
Monfort Children's Clinic, commencing December 1, 1997, and ending June 30, 1998, with
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 Agreement for Use of Facilities 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 Health Department, and the Monfort Children's Clinic be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 4th day of March, A.D., 1998, nunc pro tunc December 1, 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATT . y i %I)Si �� s��� .o 05 4�A.zGc.�
V Tip Constance L. Harbert, Chair
W: d ully CTer ve C Board 1/(‘1 7e/ l{��
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+ W. H. bster, Pro-Tem /
,`l' U= , ;oy Board s
�„��� George . Baxter
AP D AS TO FORM: EXCUSED
Dale K. Hall
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Barbara J. Kirk er
980352
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AGREEMENT FOR USE OF FACILITIES
THIS AGREEMENT, made and entered into thisg(jh day of 1998, by
and between the County of Weld, State of Colorado, by and through the Board o County
Commissioners of Weld County, on behalf of the Weld County Health Department, hereinafter
referred to as "WCHD," and Monfort's Childrens Clinic, hereinafter referred to as "MCC."
BACKGROUND INFORMATION
A. WCHD has been designated to receive funding to provide health services and
education to women in specified age groups concerning family planning and women's health
issues; and
B. MCC currently operates a Childrens' Clinic in Greeley, Colorado, located at 100
N. 11th Avenue, which includes the use of examining rooms, office space, and conference
rooms; and
C. WCHD desires to have the use on a set schedule of days, of certain office space
and an examining room currently used by MCC; and
D. MCC is willing to permit WCHD's use of certain office space and an examining
room currently used by MCC on conditions hereinafter set forth; and
E. The parties desire to set forth their agreement in writing.
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Facilities to be made available. MCC agrees to make available to WCHD agreed
upon office space and an examining room, as well as any additional work station or conference
room (hereinafter cumulatively referred to as "the Facilities") currently used by MCC, and to
which the parties have agreed that WCHD may use on an agreed upon basis, during the term of
this Agreement, on specific dates and for specific times, as agreed upon in writing between the
parties.
The parties will mutually agree upon a written schedule specifying the dates and times
and specific space in the Facilities that WCHD will use. The schedule will be signed by both
parties. If a conflict should arise concerning the use of the Facilities, or the designated portion of
the Facilities, the parties shall then work together to reschedule the use of that portion of the
Facilities, or to substitute another portion of the Facilities, at the discretion of MCC.
2. Term of the Agreement. This Agreement shall be effective from December 1,
1997 and shall continue until June 30, 1998. This Agreement may be renewable between the
parties, if funding becomes available to WCHD, and the parties agree in writing to renew the
Agreement.
3. Facilities Available at no charge. MCC and WCHD agree that WCHD will not be
required to pay any monetary compensation for the use of the Facilities desired. WCHD does
agree, however, to repair or replace any equipment or other fixtures or other items located on, in,
or attached to, the Facilities that are broken or otherwise damaged while said Facilities are being
used by WCHD.
4. Parties' Responsibilities
A. Responsibilities of MCC
a. MCC shall make the Facilities, or the designated portion of the
Facilities available on the dates and at the times agreed to in
writing between the parties. The Facilities will be ready for use,
i.e., clean and in order.
b. If a conflict should arise concerning the use by WCHD of the
Facilities or the designated portion of the Facilities at the time
agreed upon by the parties, MCC shall notify WCHD as soon as
MCC becomes aware of the conflict.
B. Responsibilities of WCHD
a. For each and every use, WCHD agrees to maintain the Facilities or
any other equipment made available to them in the same condition,
order, and repair as they were at the commencement of each use,
except for reasonable wear and tear arising from the use thereof.
b. If WCHD discovers that it will not need to use the Facilities, or
any specific portion thereof after the schedule has been set, WCHD
will so notify MCC as soon as possible of the change in plans.
c. WCHD shall provide all program-specific equipment, supplies,
staff, and any other items necessary for WCHD's program: MCC is
only making available the agreed upon Facilities. While the
parties acknowledge that clients of both parties may seek direction
or may require the services of the receptionist at MCC, WCHD
shall provide its own interpreter for clients, if an interpreter is
required.
d. WCHD shall maintain insurance coverage for property, and for
injury to or death of persons participating in any WCHD programs
resulting from any cause for which WCHD could be liable for any
liability imposed by law, in the amounts required by law. A
program of self-insurance is acceptable.
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e. WCHD shall provide proof of the above set forth insurance
coverage to MCC upon request.
5. Parties' Relationship. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement 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 Agreement.
6. Limitations - Liabilities - Indemnification. Each party shall not be responsible or
liable for acts, omissions, or failure to act by the other party. Accordingly, MCC agrees to
indemnify and hold WCHD harmless from any and all liability incurred by acts, omissions, or
failures to act by MCC, and, likewise, to the extent permitted by law, WCHD agrees to
indemnify and hold MCC harmless from any and all liability incurred by acts, omissions, or
failures to act by WCHD, pursuant to the terms of this Agreement. Because WCHD is a
department of the Weld County government, MCC acknowledges that its agreement to
indemnify and hold harmless WCHD extends to Weld County, its employees, agents,
subcontractors, and assignees. The term "liability" includes, but is not limited to, any and all
claims, damages, and court awards including costs, expenses, and attorney fees incurred as a
result of any acts or omissions by the applicable party who acted or failed to act.
Notwithstanding any provision herein to the contrary, WCHD specifically does not waive
any immunities or other rights that exist by statute or otherwise.
7. Non-Assignment. This Agreement shall not be assignable without prior written
consent of the non-assigning party.
8. Termination. Either party may terminate this Agreement for cause upon ten(10)
days written notice and for any reason so long as thirty (30) days written notice of its intent to so
terminate is given to the other party. If this Agreement is so terminated, WCHD shall
nevertheless be obligated to repair or replace within a reasonable time, any damage to the
Facilities that was incurred during WCHD's use of MCC's Facilities.
This Agreement will be immediately terminated, in any case, if appropriate WCHD
funding is terminated or is no longer available.
9. Notices. Any notice provided for in this Agreement shall be in writing and shall
be served by personal delivery, facsimile machine at the FAX number set forth in this
Agreement, or by certified mail, return receipt requested, postage prepaid, at the addresses set
forth in this Agreement, until such time as written notice of a change is received from the party
wishing to make a change of address or FAX number. Any notice so mailed and any notice
served by personal delivery or facsimile machine shall be deemed delivered and effective upon
receipt or, in the case of personal delivery or certified mail, upon attempted delivery. This
method of notification will be used in all instances, except for emergency situations when
immediate notification to the parties is required.
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WCHD: John Pickle
Weld County Health Department
1517 16th Avenue Court
Greeley, Colorado 80631
FAX: 970-356-4966
MCC: Monfort Childrens Clinic
100 N. 11th Avenue
Greeley, Colorado 80631
FAX: 35-i-707S'
10. Modification and Breach. This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement and the attached
exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any party hereto,
or waiver of, a breach by any other party, whether express or implied, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
11. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original intent of
the parties.
12. Funding. No portion of this Agreement shall be deemed to create an obligation on
the part of the County of Weld, State of Colorado, or WCHD to expend funds not otherwise
appropriated during the term of this Agreement.
13. Pecuniary Interest. No officer, member, or employee of Weld County and no
member of the parties' governing bodies shall have any pecuniary interest, direct or indirect, in
the approved Agreement, or any proceeds thereof.
14. To Whom Services are to be Provided. MCC and WCHD assure that no person
shall, on the grounds of race, color, sex, religion, age, national origin, or individual handicap, be
excluded from participation in, be denied the benefits of, or be subject to discrimination under
any provision of this Agreement.
The parties agree that the clients to be treated by WCHD at the Facilities most
likely will not be the same clients that are treated by MCC. If there are some clients who are
treated by both parties,the focus of the education or treatment provided by one party will not be
the same as the focus and treatment provided by the other party.
15. No Third Party Beneficiary Enforcement. 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 person not a party to this Agreement.
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement and all rights of action relating to such enforcement shall be strictly reserved to the
undersigned parties, and nothing contained in this Agreement 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
services or benefits under this Agreement shall be deemed an incidental beneficiary only.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this 'Y 7`
day ofpl dt , 1998.
WELD COUNTY HEALTH MONFORT CHILDRENS CLINIC
DEPARTMENT
y: John Pickle By:
Director Y
.2—/1—J 7 67/210 /17
Date Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Constance L. Harbert, Chair
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Date
ATTEST: re�� 64.
Weld Count �7: l free _., '
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Constance L. Harbert, Chair
To Board of County Commissioners Date March 2, 199E
COLORADO
From John Pickle, Director, Health Department rt✓�" •
Subject: Agreement for Use of Monfort Children's Clinic Facilities
Enclosed for Board review and approval is a non-financial agreement between the Weld County
Health Department and Monfort Children's Clinic for use of the clinic's facilities.
The Health Department has been awarded funding from the Colorado Department of Public
Health and Environment to provide a teen health clinic that offers basic health services and
education including family planning methods. The Monfort Children's Clinic has agreed to
provide certain office space and an examining room for the Health Department's use while
conducting this teen clinic. Therefore, the two agencies are entering into this agreement which
defines the requirements for use of the facilities.
The term of the agreement is from December 1, 1997 through June 30, 1998. It may be renewed
if the Health Department receives further funding to conduct the clinic and if the two agencies
agree in writing to its renewal.
I recommend your approval of this agreement.
Enclosure
980352
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