Loading...
HomeMy WebLinkAbout20233229.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR FACILITY USAGE TO CONDUCT STRONG PEOPLE PROGRAM AND AUTHORIZE CHAIR TO SIGN -TOWN OF MILLIKEN 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 for Facility Usage to Conduct the Strong People 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, and the Town of Milliken, commencing September 1, 2023, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 for Facility Usage to Conduct the Strong People 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, and the Town of Milliken, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of October, A.D., 2023, nunc pro tunc September 1, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mikeeman, Ch r Weld County Clerk to the Board Byrn AP Deputy Clerk to the Board County Attorney Date of signature: I '10111 Z3 Perry ck, Pro-Tem ott K. James ine cc'. I -1S D tt/3a/23 2023-3229 HR0095 Con-Irad LDt1531 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Memorandum of Understanding (MOU) between the Weld County Department of Human Services (WCDHS) and the Town of Milliken DEPARTMENT: Human Services DATE: October 3, 2023 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department is requesting to enter into an MOU with the Town of Milliken for the use of the facility located at 1101 Broad Street, Milliken, Colorado, 80543. This MOU will allow the use of meeting space for the Strong People Program that is provided to Weld County adults sixty (60) years of age and older and other eligible individuals. What options exist for the Board? Approval of the MOU between the WCDHS and the Town of Milliken. Deny approval of the MOU between the WCDHS and the Town of Milliken. Consequences: There would not be a Strong People Program located in Milliken, Colorado. Impacts: Weld County adults sixty (60) years of age and older and other eligible individuals in the Milliken, Colorado area will not have access to the Strong People Program. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): Total cost = This is a non -financial MOU. Recommendation: • Approval of the Memorandum of Understanding and authorize the Chair to sign. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine ff'! kti, Vi ck £k Pass -Around Memorandum; October 3, 2023 - CMS ID 7531 cc.: HSO Oneose, 10/ 3o IO13O13 I3O1 3 2023-3229 I412 -0b95 MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES AND THE TOWN OF MILLIKEN THIS MEMORANDUM OF UNDERSTANDING is entered into this 3 citily of 0C4*,e+q , 2023, by and between the Board of County Commissioners, on behalf of the Weld County Department of Human Services' Area Agency on Aging, hereinafter referred to as "Department," and the Town of Milliken hereinafter referred to as "Town". Eamon The purpose of this Memorandum of Understanding (MOU) is to establish an agreement by which the Town grants to the Department a non-exclusive license to use portions of the facility located at 1101 Broad Street, Milliken, Colorado, 80543, hereinafter referred to as the "Site", for the purpose of providing the Strong People Program, hereinafter referred to as the "Program". The Program is a strength training program for Weld County adults sixty (60) years of age and older and other eligible individuals. Term of this Memorandum of Understanding This Memorandum of Understanding ("MOU" or "Agreement") shall be effective beginning September 1, 2023 and will be ongoing as long as both parties desire to maintain the agreement. Roles and Responsibilities 1. Department Responsibilities: a. Inspect or make provisions for inspections of the Site to insure the health and safety of the participants. b. Work with various resources to recruit participants such as senior centers, newspapers, and previous participant mailings. c. Train volunteers in the policies and procedures related to the Program including but not limited to such items as leading classes, the registration process, signing waivers of liability, and attendance documentation. d. Provide equipment and supplies such as hand weights, ankle weights, mats, and locking cabinet and weight rack for storage of equipment and supplies. Such equipment shall remain the property of the Weld County Area Agency on Aging. The Site may not use any of the Program's supplies or equipment for non -related Town of Milliken functions. e. The Department is specifically prohibited from sublicensing, leasing, or renting any portion of the Site to any other person or entity. 2. Town Responsibilities: 2023 -322.9 a. Subject to availability of such space in the Town's sole and absolute discretion, allow the use of meeting space at no cost to the Department Monday through Friday between the hours of 9:00 am and 5:00 pm or as mutually agreed upon solely for the limited purpose of conducting the classes referred to in section 2.b. b. Hold two (2) classes per calendar year with each class being twelve (12) weeks long. Classes will be two (2) times per week with days and times that can be adjusted/changed as needed. c. Work collaboratively with all regulatory entities such as Administration on Aging, Colorado Department of Human Services State Unit on Aging, or other like agencies. d. Notify the Department of closures of the meeting space on a scheduled class day two (2) weeks in advance of the closure to allow the Department time to notify participants. It will be responsibility of the Town to notify the volunteer leader and the Weld County Area Agency on Aging of the closure dates. Notification must be given to the Department office in writing. Repeated cancelation requests could jeopardize the ongoing status of the Program. e. Provide oversight and maintenance of the meeting space to include regular cleaning, frequent removal of trash and garbage, repairs to the building and grounds, snow removal and extermination services when necessary. f. Designate a location at the Site in the Town's discretion for storage of the Department's equipment and supplies; provided the Town shall have no responsibility whatsoever to protect or safeguard such equipment and supplies and the Department assumes the risk of injury or loss to such equipment and supplies at all times. Modifications. This Agreement may be modified in writing, in whole or in part, upon approval of the signers. Limited Non -Exclusive License. The Department's rights hereunder are merely those of a licensee and not a tenant and nothing in this Agreement is intended to create a leasehold interest or to grant or convey any interest in real property. Termination. This Agreement may be terminated at any time by either party giving thirty (30) days written notice to the signers. No portion of this MOU shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, or the Town of Milliken to expend funds not otherwise appropriated, as this MOU is subject to the availability of funding. Therefore, the Department or the Town may terminate this MOU at any time if the source of funding for the services made available to Town is no longer available to the Department, or for any other reason. Town reserves the right to suspend services to clients if funding is no longer available. Entire Agreement. This MOU contains the entire agreement and understanding between the parties with respect to the subject matter hereof and may not be changed or modified except as stated herein. This MOU shall be binding upon the parties hereto, their successors, heirs, legal representatives, and assigns. Town and the Department may not assign any of its rights or obligations hereunder without the prior consent of both parties. No Third -Party Beneficiary. It is expressly understood and agreed that the 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 in this MOU shall give or allow any claim or right of action whatsoever by any other person not included in this MOU. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this MOU shall be an incidental beneficiary only. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. Insurance. 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 acts or omissions of the Town of Milliken's employees, volunteers, or agents while performing this Agreement. The Town shall not be held liable for injuries or damages caused by acts or omissions of Weld County's employees, volunteers, or agents while performing this Agreement. The Town 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. Independent Contractor. The Town agrees that it is an Independent Contractor and that the Town's officers, agents or employees will not become employees of the Department, nor entitled to any employee benefits from the Department as a result of the execution of this MOU. Town shall perform its duties hereunder as an Independent Contractor. Except as otherwise provided herein, the Town shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this MOU. Town, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through the Department and the Department shall not pay for or otherwise provide such coverage for the Town or any of its agents or employees. Unemployment insurance benefits will be available to the Town and its employees and agents only if such coverage is made available by the Town or a third party. Town shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this MOU. Severability. If any term or condition of this MOU shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this MOU shall be construed and enforced without such provision, to the extent that this MOU is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY ATTESStA ") j" BOARD OF COUNTY COMMISSIONERS Clerk to the Board BY. eputy Clerk to the Bo • Mike Freeman, Chair WELD COUNTY, COLORADO 0CT 3 0 2323 TOWN: own of Milliken 101 Broad Street Milliken, CO 80543 By: Ctlefyl Powell, 3'bwn Administrator Date: �l/°13 2023-3229 Contract Form Entity Information Entity Name * MILLIKEN, TOWN OF Entity ID* @00002323 Contract Name* TOWN OF MILLIKEN MEMORANDUM OF UNDERSTANDING (STRONG PEOPLES PROGRAM) Contract Status CTB REVIEW Q New Entity? Contract ID 7531 Contract Lead * WLUNA Contract Lead Email wluna@weldgov.com;cob bxxlk@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * TOWN OF MILLIKEN MEMORANDUM OF UNDERSTANDING FOR THE AREA AGENCY ON AGING STRONG PEOPLE PROGRAM. TERM: SEPTEMBER 1, 2023 AND IS PERPETUAL. NON -FINANCIAL MOU. Contract Description 2 PA ROUTING THROUGH NORMAL PROCESS. ETA TO CTB 10/12/2023. Contract Type* Department AGREEMENT HUMAN SERVICES Amount* $0.00 Renewable* YES Automatic Renewal Grant IGA Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@W EL DGOV.COM Requested BOCC Agenda Date* 10/18/2023 Due Date 10/14/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 07/01/2024 Renewal Date* 09/02/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/17/2023 10/18/2023 10/18/2023 Final Approval BOCC Approved Tyler Ref # AG 103023 BOCC Signed Date Originator WLUNA BOCC Agenda Date 10/30/2023 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Good morning CTB, FAST TRACK ITEM: Sara Adams Wednesday, July 17, 2024 9:25 AM CTB HS -Contract Management FAST TRACK: AAA Town of Milliken (Strong People MOU) _Town of Milliken Strong People MOU (e).pdf; RE_ Contract Management 07531 is ready for Renewal.pdf Follow up Flagged Attached please find the DHS Memorandum of Understanding with the Town of Milliken, Tyler ID# 2023- 3229, and originally CMS #7531. The agreement is in perpetuity and there are no changes to the agreement at this point and it is being Fast Track in CMS for tracking purposes only (CMS# 8510). Thank you, Sara Sara Adams Contract Administrative Coordinator Weld County Dept. of Human Services 315 N. 11th Avenue, Building A PO Box A Greeley, CO 80632 (970) 400-6603 sadams@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Cheryl Hoffman From: Sent: To: Subject: Follow Up Flag: Flag Status: noreply@weldgov.com Wednesday, July 17, 2024 9:26 AM CM-ClerktoBoard; Sara Adams; Lesley Cobb; CM-HumanServices-DeptHead Fast Tracked Contract ID (8510) Follow up Flagged Contract # 8510 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: MILLIKEN, TOWN OF Contract Name: TOWN OF MILLIKEN MEMORANDUM OF UNDERSTANDING (STRONG PEOPLES PROGRAM) Contract Amount: $0.00 Contract ID: 8510 Contract Lead: SADAMS Department: HUMAN SERVICES Review Date: 7/1/2025 Renewable Contract: YES Renew Date: 9/1/2025 Expiration Date: Tyler Ref #: Thank -you Houstan Aragon From: Sent: To: Subject: noreply@weldgov.com Wednesday, July 9, 2025 3:26 PM CM-ClerktoBoard; Sara Adams; Lesley Cobb; CM-HumanServices-DeptHead Fast Tracked Contract ID (9741) Contract # 9741 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: MILLIKEN, TOWN OF Contract Name: TOWN OF MILLIKEN MEMORANDUM OF UNDERSTANDING (STRONG PEOPLES PROGRAM) Contract Amount: $0.00 Contract ID: 9741 Contract Lead: SADAMS Department: HUMAN SERVICES Cb1nAvaC# Ibal c1114 bask Tvack Y�vieuaed Review Date: 7/1/2026 Renewable Contract: YES Renew Date: 9/1/2026 Expiration Date: Tyler Ref 6: Thank -you Zb23 6ZZ9 4-kILW°15 Houstan Aragon From: Sent: To: Cc: Subject: Attachments: Good afternoon CTB, FAST TRACK ITEM: Sara Adams Wednesday, July 9, 2025 3:26 PM CTB HS -Contract Management FAST TRACK - Town of Milliken Strong People MOU (CMS #9741) _Town of Milliken Strong People MOU (e).pdf Attached please find the Town of Milliken Strong People MOU (Tyler ID# 2023-3229). This agreement is in perpetuity and is reviewed on a yearly basis. No changes are required. This will be a Fast Track item in CMS for tracking purposes only (CMS#9741). Thank you, Sara Atakug- Sara Adams Contract Administrative Coordinator Department of Human Services Desk: 970-400-6603 P.O. Box A, 315 N. 11th Ave., Greeley, CO 80632 O1 000 Join Our Team Important: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello