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Home My WebLink About20092867.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 September 25, 2009, and ending June 3, 2010, 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 28th day of October, A.D., 2009, nunc pro tunc September 25, 2009. ATTEST: Weld County Clerk to BY Deputy Clerk to the Board APPROVED TO FORM: t6unty Attorney Date of signature: 0 BOARD OF COUNTY COMMISSIONERS WELD CQUNfY7COLORADO (_ _? William F. Garcia, Chair Rademach Se .n P. Conway cc j-1-Sct oki61 2009-2867 HR0080 h/ll/O9 MEMORANDUM fi DATE: October 26, 2009 TO: William F. Garcia, Chair, Board of County Commissioners Q FROM: Judy A. Griego, Director, Human Services Departmen{ `" ' COLORADO RE: Various Services Agreements between the Weld County Department of Human Services' Family Educational Network and Various Providers Enclosed for Board approval are Various Services Agreements between the Department's Family Educational Network and Various Providers. These Agreements were presented at the Board's October 26, 2009. Work Session. The major provisions of these Agreements are as follows: No. Provider/Term Program Area Rates 1 Board of Cooperative Educational Services (BOCES) 11/30/09 - 11/29/10 Educational Services for FENWC Eligible Children with Disabilities $100 per year per child with an active JEP $240 per child for non -eligible Head Start children 2 Dr. Mike Jones, D.D.S. Toothzone 08/28/09 - 06/03/10 Dental Services $5.00 per child per screening/examination for Head Start eligible children 3 Weld County School District 6 09/25/09 - 06/03/10 Meal Services (breakfast, lunch including milk, and snacks) for approximately 460 children and approximately 45 adults $1.45 per person for breakfast $2.80 per person for lunch $.95 per person for Snack 4 Weld County School District RE -3J 09/01/09 - 05/30/10 Educational Services - Early Childhood Special Education Services for Head Start Eligible Children Meal Services (breakfast, lunch including milk, and snacks) for approximately 45 children and approximately 10 adults $1.75 per child for breakfast $2.40 per child for lunch $1.00 per child for snack $2.00 per adult for breakfast $3.00 per adult for lunch $1.00 per adult for Snack 2009-2867 5 The Greeley Gopher Courier Services — Provide meal delivery services to $1,475 per week 09/25/09 — 06/03/10 Head Start Centers (Plaza del Max. $19,175 plus Milagro) Fuel surcharge for 13 weeks 6 University of Northern Hearing Screenings and $61 per Hour for Colorado College of Natural Audiology Services for Both Screening Services and Health Sciences Regional and Migrant and $75 per Audiometric Seasonal Head Start Programs Evaluation 11/01/09 —10/31/10 Max. $8,000 for Regional Head Start Max. $4,000 for Migrant and Seasonal Head Start Program If you have any questions, give me a call at extension 6510. DELIVERY SERVICE AGREEMENT This Delivery Service Agreement is entered into this , 2j5 day of September, 2009 by and between the Weld County Department of Human Services' Family Educational Network of Weld County 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 outlined in Attachment A. 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 (Plaza del Milagro) for a period of nine (9) months, to begin on September 25, 2009, and end on June 3, 2010 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 a009 -98)L2 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. The current schedule and associated 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 $250 per week, for 9 months. 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 availability of funding. 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. 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 fci William F. Garcia, Chairperson ATTEST: WELD COUNTY CLERK TO By: Deputy Clero the Board WELD COUNTY DEPARTMENT OF HUMAN SERVICES b Judy/ilk. Grjo, Dire for U WI 2 8 2009 Mark Laux 020(9- ats'6 Hello