HomeMy WebLinkAbout20091342.tiffRESOLUTION
RE: APPROVE DELIVERY SERVICE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
THE GREELEY GOPHER
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 Delivery Service Agreement 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, Family Educational Network of Weld
County (FENWC), and The Greeley Gopher, commencing June 15, 2009, and ending
September 11, 2009, 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 Delivery Service Agreement 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, Family Educational Network of Weld County (FENWC), and The
Greeley Gopher 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 15th day of June, A.D., 2009.
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ATTEST:
Weld County Clerk to the B
BY'&!l� rI 4.11
APP
De. Cle to the Board
unty 'ttorney
Date of signature I2'' loci
BOARD OF CO NTY COMMISSIONERS
ELD COU ' • COLORADO
liam F. Garcia, Chair
Douglas 6₹ademach r, Pro-Tem
Sean 4'Con ay
Barpara Kirkmeyer
David E. Long
2009-1342
HR0080
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MEMORANDUM
DATE: June 11, 2009
�"� TO: William F. Garcia, Chair, Board of County Commission
FROM: Judy A. Griego, Director, Human Servrc `ire l
•
COLORADO RE:
Delivery Service Agreement between the Weld County
Department of Human Services and the Greeley Gopher
LS
ion -?o
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Enclosed for Board approval is the Delivery Service Agreement between the Department and the
Greeley Gopher. This Agreement was presented at the Board's June 8, 2009, Work Session.
This Agreement is for the Department's Family Educational Network's Migrant and Seasonal
Head Start Program. The terms of this Agreement are as follows:
No.
Provider/Term
Program Area
Rate
I
The Greeley Gopher
June 15, 2009 -September 11, 2009
Courier Service for
the Delivery of Meals
$1,475.00 per week
Max. $19,175.00 plus
fuel surcharge for 13
weeks
If you have any questions, give me a call at extension 6510.
2009-1342
DELIVERY SERVICE AGREEMENT
This Delivery Service Agreement is entered into this /5i4 day of June, 2009 by and
between the Weld County Department of Human Services' Family Educational Network
of Weld County Migrant and Seasonal Head Start, hereinafter referred to as "Client",
and The Greeley Gopher and any successor(s), hereinafter referred to as "Courier".
WHEREAS, Client provides meal service for Migrant and Regional Head Start children
at operations located at 8 Head Start Centers throughout Weld County,
WHEREAS, Client requires kitchen to Center delivery services for its meals at the times
and subject to the service conditions required by Client.
WHEREAS, Courier is in the business of providing delivery services, and has vehicles
capable of meeting Client requirements.
WHEREAS, Client desires delivery of meals for the Migrant and Seasonal Head Start
program by Courier to Client's Head Start centers
NOW THEREFORE,
1. Term:
Courier what provide meal delivery services to Client's Head Start Centers for a
period of three (3) months, to begin on June 15, 2009, and end on September
11, 2009, and may be renewed for separate but successive one-year terms,
unless terminated according to this Agreement. Client will notify Courier by
written notice of any unsatisfactory service. Courier will have 30 days after
receipt of such notice to correct service issues brought to its attention.
2. Courier Responsibilities:
In consideration of payment by Client of the fees as provided elsewhere in this
Agreement, Courier shall consistently use its best efforts to professionally deliver
Clients' meals and shall bear full cost of delivering Client's meals, including
driver's compensation, required Worker's Compensation Insurance, Social
Security, and other payroll withholding taxes, vehicular expenses and required
insurance.
3. Deliveries and Fees:
In so much as Client has a commitment to Centers for timely delivery of needed
Product according to a delivery schedule whose times are predetermined by
Federal and State regulations, Courier agrees to have drivers available at Client
at specific times for specified route pick-up as mutually agreed by Courier and
Client during the course of the program. In so much as Client has flexibility in
delivery times; flexibility will be communicated to Courier to allow the most
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efficient routing of the delivery with existing deliveries. Changes in the schedule
may be necessary and will be made as required by changes in Client operations,
such as the opening of a new center. Client will inform Courier of Client will
inform Courier of its new needs and Courier will make good faith efforts to offer
Schedule change recommendations to accommodate Client's needs, for Clients
approval. Fee rates are shown on the attached Schedule A, which may be
adjusted from time to time by mutual agreement of the parties.
4. Compensation:
Client agrees to pay Courier at a maximum rate of $1,475.00 per
week, which may be adjusted downward based on the number of centers being
served, and applicable fuel surcharge, for a maximum compensation of
$19,175.00 plus fuel surcharge for 13 weeks.
5. Payment of Invoices:
Invoices for each month of service will be billed on the last day of the month with
payment due in full within 15 days. Invoices shall be sent to:
Amber Arens, Health Specialist
Family Educational Network of Weld County
P.O. Box 1805
Greeley, Colorado 80632
6. Relationship between the Parties:
The relationship between the parties is that of independent contractors. The
employees of Courier shall not be deemed for any purpose to be employees of
Client. Courier shall be responsible for providing any and all employment benefits
to its employees and for the payment of any taxes or fees arising out of the
activities of Courier or its employees. This Agreement does not establish a joint
venture or a partnership between the parties and at not time does Courier take
title to Client's Product.
7. Assignment:
This Agreement shall be binding upon the parties hereto, their successors, heirs,
legal representatives, and assigns. Neither party may assign any of its
rights/obligations hereunder without the prior written consent of the other party.
8. Resolution of Disagreements:
If a problem/disagreement should occur, the FENWC Director should be notified
immediately. If the problem/disagreement still cannot be resolved, it will be taken
to a higher authority in both agencies.
9. Applicable Law:
FENWC agrees to follow policies and procedure of the Consultant as construed
in accordance with the Colorado School Finance Act of 1988, regulations and
other applicable laws and regulations.
10. Termination:
This Agreement may be terminated at any time by either party giving thirty (30)
days written notice and is subject to the provisions of Paragraph 1, TERM. This
Agreement may also be terminated with regard to an individual Center (while
remaining in full force for remaining Centers), if the Center ceases operations for
any reason.
11. Entire Agreement:
This Agreement constitutes the entire understanding between the parties with
respect to the subject matter hereof, and may not be changed or modified.
12. Waiver or Immunities/Third-Party Liability:
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
position of this Agreement be deemed to have created a duty of care with respect
to any persons not a party to this Agreement.
13. Non -appropriation:
No portion of this Agreement shall be deemed to create an obligation on the part
of the Courier, the County of Weld, State of Colorado, to expend funds not
otherwise appropriated in each succeeding year.
14. Severability:
If any section, subsection, paragraph, sentence, clause or phrase of the
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.
15. Assurances:
a. The Courier agrees that it is an independent contractor and that its
officers, employees, and clients do not become employees of Weld
County, and therefore are not entitled to any employee benefits as Weld
County employees, as a result of the execution of this Agreement.
b. Client, the Weld County Board of Commissioners, its officers and
employees, shall not be held liable for injuries or damages caused by any
negligent acts or omissions of the Consultant, or its employees, while
performing this Agreement. The Courier, its officers, and employees, shall
not be held liable for injuries or damages caused by any negligent acts, or
omissions of FENWC, or its employees, while performing functions as
described in this Agreement. The Courier shall provide adequate liability
and worker's compensation insurance for all of its employees, engaged in
the performance of this Agreement, as required by the Colorado Worker's
Compensation Act. Courier shall maintain, at its own expense, policies of
insurance, which shall provide at least a combined single limit liability of
$1,000,000. Courier shall maintain Worker's Compensation Insurance in
an amount dictated by the State of Colorado. Likewise, the Client, by and
through the Board of Weld County Commissioners, shall provide adequate
Liability and Worker's Compensation Insurance for all employees of Client
engaged in the performance of this Agreement.
c. No officer, member, or employee of the Courier and no member or their
governing bodies shall have any pecuniary interest, direct or indirect, in
the approved Agreement or the proceeds thereof.
d. Courier understands that monitoring and evaluation of the performance of
this Agreement shall be conducted by the Weld County Division of Human
Services and the results provided to the Weld County Board of
Commissioners.
e. Courier and Client assure compliance with Title VI of the Civil Rights Act
of 1986, and that no person shall, on the grounds of race, creed, color,
sex, handicap, or nation origin be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under the
approved Agreement.
SCHEDULE A
Fuel Surcharge Schedule
Base rate $1,475.00 per week
If gas prices are
At least
But less than
% added to
base rate
$1.75
.000
$1.76
$1.85
.050
$1.86
$1.95
.055
$1.96
$2.05
.060
$2.06
$2.15
.065
$2.16
$2.25
.070
$2.26
$2.35
.075
$2.36
$2.45
.080
$2.46
$2.55
.085
$2.56
$2.65
.090
$2.66*
.095
Fuel surcharge begins at $1.76 and is capped at $2.66 or higher.
Average gas prices are found on www.denvergasprices.com as of the 15th of every
month.
IN WITNESS WHEREOF, the parties hereunto have caused this Agreement to be duly
executed as of the day and year first hereinabove set forth.
WELD COUNTY BOARD OF
COUNTY COMMISSIONERS THE GREELEY GOPHER
William . Garcia, Chairperson
JUN 1 5 2009
ATTEST: iltd#
WELD COUNTY CLERK TO
B
eputy Cler o the Board
WELD COUNTY DEPARTMENT
OF HUMAN SERVICES
Mark Laux
a -/3y0Z
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