HomeMy WebLinkAbout20091296.tiffRESOLUTION
RE: APPROVE SHUTTLE TRANSPORTATION AGREEMENT FOR MIGRANT AND
SEASONAL HEAD START PROGRAM AND AUTHORIZE CHAIR TO SIGN - SCHOOL
DISTRICT RE -5J (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 Shuttle Transportation Agreement for the
Migrant and Seasonal Head Start 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, Family Educational Network of Weld County (FENWC), and School District RE -5J
(Milliken), 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 Shuttle Transportation Agreement for the Migrant and Seasonal Head
Start 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, Family
Educational Network of Weld County (FENWC), and School District RE -5J (Milliken) 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 8th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to the Board
BY
Vien
Deputy Jerk to the Board
APP-ROV.Eb
County Attorney
Date of signature'
BOARD OF COUNTY COMMISSIONERS
W LD UIyfi() COLORADO
. Garcia, Chair
ademacher, Pro-Tem
Sean P. Conway
rbar Kirkmeyer
David E. Long
2009-1296
// HR0080
f � S �i � (cA ) 64 �et/
MEMORANDUM
Alt 641;DATE: June 4, 2009
�TO: William F. Garcia, Chair, Board of Co ty Comp�tssi ers
ViliD FROM: Judy A. Griego, Director, Human Se ces D partm�
COLORADO RE: Shuttle Transportation Agreement be wren the Weld County
Department of Human Services and Milliken School District
RE -5J
Enclosed for Board Approval is the Shuttle Transportation Agreement between the
Department of Human Services' Family Educational Network's Migrant/Seasonal Head Start
Program and Milliken School District RE -5J. This Agreement was presented at the Board's
May 27, 2009, Work Session.
The major provisions of this Agreement are as follows:
No.
Provider/Term
Program Area
Rate
1
Milliken School District RE -5J
June 15, 2009 — September 11, 2009
Shuttle Services
$13.00 per hour for
driver's time and
$2.00 per mile for
the provision of
Transit Services
If you have any questions, give me a call at extension 6510.
2009-1296
SHUTTLE TRANSPORTATION AGREEMENT
This Transportation Agreement, (the "Agreement")' is entered into thi)--7 day of May,
2009 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 Weld County Department of Human
Services' Family Educational Network of Weld County Migrant and Seasonal Head Start
(FENWC) with its county office located at 1555 No. 17th Avenue, Greeley, Colorado, and
Milliken School District RE -5J (RE -5J).
BACKGROUND
FENWC provides educational service for migrant children at operations located at the
Frederick Head Start center.
B. FENWC requires home to school and school to home shuttle services for its clients to
deliver children to the Frederick Head Start center in the mornings and return them to
their homes in the evenings Mondays through Fridays from June 15, 2009 through
September 11, 2009. From August 13 through September 11, only evening
transportation services will be provided.
C. RE -5J has the ability to provide bus services.
D. FENWC desires to have RE -5J provide shuttle services and RE -5J desires to provide
such services, each subject to the terms and conditions set forth in this agreement.
AGREEMENT
1. RE -5J will provide shuttle services (the "Services") for FENWC clients with respect
to FENWC operations
2. RE -5J will bill FENWC for all Services provided under this Agreement on a monthly
basis, on the first day of each month for Services provided in the prior month.
FENWC will pay invoices within thirty (30) days of receipt, at the RE -5J address
listed on such invoices.
3. Any amendment, extension or modification to the Services shall be in writing, signed
by both parties.
4. FENWC shall provide RE -5J with not less than thirty (30) days prior written notice in
the event FENWC requires any cancellation of services without cause, and not less
than two (2) days written notice in the event FENWC requires any change in the route
or stops included in the service. In the event FENWC provides notice as provided
under that it intends to cancel Services, RE -5J shall continue to provide services until
the date set forth in the cancellation notice or thirty days following such notice,
whichever is later.
5. RE -5J shall have the right to suspend service immediately and until further notice to
FENWC in the event of any hazardous condition on routes or at customer's operation,
which, in RE-5J's sole discretion, presents a danger to its employees or vehicles. In
the event RE -5J is unable to provide transportation services herein specified because
of any act of God, civil disturbance, fire, flood, riot, war, picketing, strike, lockout,
labor dispute, loss of transportation facilities, oil or fuel shortage or embargo,
governmental action or any condition or cause beyond RE-5J's control, FENWC shall
excuse RE -5J from performance under this Agreement.
6. FENWC may terminate this Agreement on one (1) day's prior written notice in the
event that it has advised RE -5J of any of the following breaches, which have remained
uncorrected three (3) days after written notice: a) RE -5J fails to provide the Services
as required under this Agreement for any forty-eight hour period; or b) RE-5J's
employees fail to follow any safety or security requirements of FENWC based on
written policies and procedures of FENWC previously advised to RE -5J. RE -5J may
terminate this agreement on one (1) day's prior written notice in the event it has
advised FENWC of any of the following breaches, which have remained uncorrected
three (3) days after written notice: a) FENWC fails to pay amounts to RE -5J under the
Agreement in a timely manner; or b) Re 5j deems that the safety of its employees or
vehicles is endangered by conditions at the FENWC operation.
7. In the event of any cancellation or suspension of the Services, FENWC shall be liable
to pay for all Services actually provided.
8. All vehicles shall be in good repair, properly licensed for operation on state roads, and
shall comply with all state and federal laws related to shuttle transportation. If special
requirements or equipment are required because of the nature or business of the
operation, i.e. car seats, FENWC shall advise RE -5J of those requirements and shall
provide any required or recommended safety equipment that is specific to the
circumstances present at the operation. Any vehicle used by RE -5J in performance of
the Services must comply with Federal Standards for the transportation of students.
In the event a vehicle is unable to provide service on the route due to mechanical
issues with the vehicle, RE -5J shall make every effort have a backup vehicle available
to take over service within 30 minutes of the mechanical failure.
9. All drivers employed by RE -5J in the performance of the Services shall be properly
trained in operation of the vehicles, and shall hold a valid commercial driver's license
for the class of vehicle used in performing the Services. RE -5J drivers will be trained
by RE -5J in standard bus safety requirements, and FENWC shall provide training, at
its own expense, for any training related to emergency procedures and handling of
materials which may be necessitated by the operations. RE -5J will maintain a drug -
and -alcohol -free environment on its vehicles and among its employees performing the
Services under this Agreement. Prior to every shift, drivers will perform a pre -trip
inspection to Federal standards on the buses used in performance of the Services.
10. Drivers employed by RE -5J in the performing the Services shall be neat in
appearance, punctual in performance of responsibilities, courteous to FENWC
employees, students and parents, and have good driving records and safe driving
habits.
11. Drivers employed by RE -5J in the performance of the Services shall be RE -5J
employees. RE -5J will carry and maintain all required workers compensation
insurance, shall make wage payments in accordance with local, state and federal laws,
and shall provide RE -5J benefits as agreed between RE -5J and the driver(s).
12. FENWC will provide RE -5J with written instructions and procedures concerning the
following areas: a) identification and security requirements for FENWC personnel and
clients utilizing shuffle services; b) OSHA requirements related to shuttle services at
the operation; and c) evacuation requirements related to hazardous conditions or
hazardous releases at the operation. FENWC shall permit RE -5J drivers and
supervisors to attend regular safety and security programs at the operation which are
relevant to the Services. For any training required by FENWC, RE -5J will charge
$13.00 per hour for each RE -5J employee needing training. RE -5J will comply with
all reasonable requests from FENWC in order to provide for the safety, welfare and
comfort of FENWC clients being transported.
13. RE -5J will charge FENWC $13.00 per hour for driver's time and $2.00 per mile for
the provision of transit services.
14. Neither party shall be liable for delays caused by unforeseen natural events beyond
such party's reasonable control, including nationwide or union -wide strikes, provided
written notice thereof is given to the other party as soon as practicable but no later
than forty-eight (48) hours after the start of the event causing the delay. All natural
events preventing performance shall be remedied as soon as possible, except that the
settlement of strikes shall be at the discretion of the party so affected.
15. This Agreement does not create a joint venture, pooling arrangement, partnership,
agency, master -servant, or a business entity, organization, or combination of any type
whatsoever between the parties.
16. FENWC shall be responsible for any misuse or abuse of RE -5J vehicles caused by
FENWC's employees or passengers, including unusual wear and tear to vehicle
interiors.
17. RE -5J will maintain the following insurance coverage at all times over the term of this
Agreement:
a. All insurance requirements under this Agreement shall be procured from an
insurance company rated A or above by AM Best and Company. All policies
will be written on an "occurrence" basis. All policies, except for workers'
compensation coverage, shall list FENWC, its subsidiaries and affiliates as
additional insureds to the fullest extent permitted by applicable law. No policy
shall contain any provision (by endorsement or otherwise) purported to deny
coverage for losses caused by the acts or omissions of Re 5]. All policies will
contain a provision stating that there will be no material change in or
cancellation of policies unless and until FENWC is given at least thirty (30)
days prior written notice of such changes or cancellation.
b. Workers Compensation coverage shall be at statutory or jurisdictional limits
for the states in which the Services are to be performed.
c. Commercial General Liability shall have a $1,000,000 combined single limit
and shall include coverage from property damage, personal injury and
fatalities.
d. Automobile Liability coverage shall have a $1,000,000 combined single limit
for bodily injury and property damage.
e. Umbrella Coverage shall have a $2,000,000 combined single limit for bodily
injury and property damage, and shall "drop down" for exhausted aggregate
limits of coverages set forth above.
18. Indemnification
a. RE -5J shall hold FENWC, its board of directors, officers and employees
harmless from and against all damage, loss, cost and expense (including
reasonable attorneys fees) and does hereby and shall defend and indemnify
FENWC, its board of directors, officers and employees from and against every
claim or demand which may be made by any person, firm or corporation, or
other entity arising from or caused by any act of neglect, default or omission of
Re 5J in the performance of this Agreement, except to the extent that such
claim or demand arises from or is caused by the negligence or willful
misconduct of FENWC, its agents or employees.
b. FENWC shall hold RE -5J, its directors, officers and employees harmless from
and against all damage, loss, cost and expense (including reasonable attorneys
fees) and does hereby and shall defend and indemnify RE -5J, its directors,
officers and employees from and against every claim or demand which may be
made by any person, firm or corporation, or other entity arising from or caused
by any act of neglect, default or omission of FENWC in the performance of
this Agreement, except to the extent that such claim or demand arises from or
is caused by the negligence or willful misconduct of RE -5J, its agents or
employees.
19. This Agreement shall be deemed to be made in and shall be construed in accordance
with the laws of the State of Colorado. All references in this contract to the "State"
shall mean the State of Colorado. Any dispute related to this Agreement shall be
brought in the state or federal counts located in Denver, Colorado.
20. RE -5J and FENWC agree that in the event any provisions specified herein are finally
held or determined by a court of competent jurisdiction to be illegal, void or in
contravention of any applicable law, the remainder of the Agreement shall remain in
full force and effect.
21. All notices to be given by the parties to this Agreement shall be in writing and served
by depositing same in the United States Mail, postage prepaid, registered or certified
mail. Notice shall be given to the following addresses:
a. If to FENWC, to Family Educational Network of Weld County, 1551 No. 17th
Avenue, Greeley, Colorado, 80632, Attention: Dr. Janet Flaugher.
b. If to RE -5J, to 110 So. Centennial Drive, Suite A, Milliken Colorado, 80543 ,
Attention: Dr. Martin Foster
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate the
day and year first hereinabove written above.
WELD COUNTY BOARD OF
COUNTY e15MMISSIONERS
iam F. Garcia, Chair
JUN - 0 2009
ATTEST:
WELICOUNTY
By:
Deputy Clerk to e Board
WELD COUNTY DIVISION OF HUMAN
SERVICES
WELD COUNTY SCHOOL DISTRICT
RE -5J BOARD OF DIRECTORS
Dr. M. Foster, uperintendent
Hello