HomeMy WebLinkAbout20080891.tiff RESOLUTION
RE: APPROVE SHUTTLE TRANSPORTATION AGREEMENT FOR MIGRANT AND
SEASONAL HEAD START PROGRAM AND AUTHORIZE CHAIR TO SIGN - LAIDLAW
TRANSIT, INC.
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, and Laidlaw Transit, Inc.,
commencing February 7, 2008, 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, and Laidlaw Transit, Inc., 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 24th day of March, A.D., 2008, nunc pro tunc February 7, 2008.
BOARD OF COUNTY COMMISSIONERS
'I I? ,gcla WELD COUNTY, COLORADO
ATTEST: J
! ''8'1' 4 ' O 4* tam H. Jerke, Chair
Weld County Clerk to the \��
r J A Robe asde , ro-Tem
Deputy Oferk to the Board - ' b
William F. Garcia
APPR AST • EXCUSED
David E. Long
o Attorney
Douglas ademache
Date of signature: —7
tig
2008-0891
HR0079
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MEMORANDUM ra
f DATE: March 19, 2008
WIlD?' TO: Board of County Commissioners
O � FROM: Walt Speckman, Executive Director �(t,,{_,k—
COLORADO SUBJECT: Shuttle Transportation Agreement between FENWC'
Migrant/Seasonal Head Start Program and Laidlaw
Transit, Inc.
Presented for approval before the Weld County Board of County Commissioners is a Shuttle
Transportation Agreement between FENWC herein referred to as"Customer" and Laidlaw
Transit, Inc. hereafter referred to as"First Student."
First Student agrees to provide bus transportation for the children participating in the Migrant
Seasonal Head Start Program who live on the bus routes within the determined boundaries of
the Grand Junction Center and the Olathe Center in Montrose County. First Student shall
provide qualified drivers that meet or exceed state and local licensing Requirements for the
operation of the vehicles provided by FENWC. First Student will ensure that First Student
drivers are adequately trained, licensed and insured. First Student shall utilize the seatbetts
and car seats provided by Customer for Migrant/Seasonal Head Start children.
Customer agrees to pay First Student at the rate of$28.50 per hour for each First Student
employee needing training. Between February and April 2008, First Student will provide CDL
classroom and behind the wheel training for a designated number of Customer's staff, not to
exceed 10, at a cost to Customer of$40.00 per hour per person except all classroom training
shall be at the rate of$40.00 per hour regardless of the number of trainees.
For the normal case, where Customer's vehicles will be used, First Student will charge Customer
at a rate of$29.36 per hour of vehicle operation
Customer shall provide vehicles for the service to be provided under this Agreement. Customer
will provide all maintenance, repair and fuel for the vehicles mutually acceptable facilities in the
Grand Junction metropolitan area.
In the event the Customer vehicle breaks down the First Student will make best efforts to provide
a replacement vehicle of equal quality and passenger type as FENWC vehicles. In lieu of the
normal $29.36 per hour rate, First Student will charge$41.20 per vehicle hour that a First
Student vehicle is in operation. This rate will cover both vehicle and driver.
The term of this Agreement shall be Grand Junction, March 3, 2008; for Olathe, June 9, 2008.
First Student can guarantee service thru October 31, 2008, for Olathe October 31, 2008.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2008-0891
SHUTTLE TRANSPORTATION AGREEMENT
This Shuttle Transportation Agreement, (the "Agreement")' is entered into this 7th day of
February, 2008 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 Division of
Human Services' Family Educational Network of Weld County Migrant and Seasonal Head
Start("Customer" or "FENWC") with its county office located at 1551 No. 17`h Avenue,
Greeley, Colorado, and its local operating offices located at 3093 E. 1/4 Road,Grand
Junction, Colorado, and Laidlaw Transit, Inc,. ("Laidlaw"), doing business as "First Student",
with its corporate offices located at 705 Central Avenue, Suite 300, Cincinnati, OH 45202 and
its local operating offices located at 320 N. 24`h Court, Grand Junction, CO. 81501, and
(serving Olathe) at 1002 Colorado Ave, P.O. Box 1671, Montrose, CO 81402.
BACKGROUND
A. Customer provides educational service for migrant children at operations located at
Grand Junction and Olathe Migrant and Seasonal Head Start centers.
B. Customer requires home to school and school to home shuttle services for its clients as
set forth in Attachment A, at the times and subject to the service conditions also
outlined in Attachment A.
C. First Student is in the business of providing bus services.
D. Customer desires to have First Student provide shuttle services and First Student
desires to provide such services, each subject to the terms and conditions set forth in
this agreement.
AGREEMENT
1. First Student will provide shuttle services (the "Services") for Customer clients with
respect to the Customer operations located in accordance with the requirements set
forth in Attachment A. Services under this Agreement will commence and terminate
on the dates set forth on Attachment A.
2. First Student will bill Customer 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.
Customer will pay invoices within thirty (30) days of receipt, at the First Student
address listed on such invoices. In the event of a dispute concerning any matter
contained in First Student's invoices to Customer, Customer shall pay any undisputed
amounts in accordance with this Section, and shall advise First Student promptly in
writing of the nature and amount of any dispute.
3. Any amendment, extension or modification to the Services shall be in writing, signed
by both parties.
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4. Customer shall provide First Student with not less than thirty (30) days prior written
notice in the event Customer requires an adjustment in number of routes, and not less
than three (3) days written notice in the event Customer requires: a) an adjustment in
the hours of operation of the Services; b) any suspension of services; c) any change in
the vehicle requirements or d) any cancellation of services without cause, and e) not
less than three (3) days written notice in the event Customer requires any change in the
route or stops included in the service. Except in the case of 3.d) and e), First Student
will have ten (10) days following such notice to confirm to Customer that it can
accommodate the requested changes. In the event First Student is unable to
accommodate the requested changes, First Student and Customer agree that this
Agreement shall be terminated on the thirtieth day after such notice is received. In the
event Customer provides notice as provided under 3.d) that it intends to cancel
Services, First Student shall continue to provide services until the date set forth in the
cancellation notice or thirty days following such notice, whichever is later.
5. First Student shall have the right to suspend service immediately and until further
notice to Customer in the event of any hazardous condition on routes or at customer's
operation, which, in First Student's sole discretion, presents a danger to its employees
or vehicles. In the event First Student 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 the First
Student's control, Customer shall excuse the First Student from performance under
this Agreement.
6. Customer may terminate this Agreement on one (1) day's prior written notice in the
event that it has advised First Student of any of the following breaches, which have
remained uncorrected three (3) days after written notice: a) First Student fails to
provide the Services as required under this Agreement for any forty-eight hour period;
orb) First Student's employees fail to follow any safety or security requirements of
Customer based on written policies and procedures of Customer previously advised to
First Student. First Student may terminate this agreement on one (1) day's prior
written notice in the event it has advised Customer of any of the following breaches,
which have remained uncorrected three (3) days after written notice: x) Customer
fails to pay amounts to First Student under the Agreement in a timely manner; or y)
First Student deems that the safety of its employees or vehicles is endangered by
conditions at the Customer operation.
7. In the event of any cancellation or suspension of the Services, Customer shall be liable
to pay for all Services actually provided.
8. This agreement envisions use of Customer's vehicles to provide this service. In the
event that a First Student vehicle may be used, any such vehicle 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, Customer
shall advise First Student 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 First Student 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, First Student shall have a backup vehicle available to take over service within
30 minutes of the mechanical failure. First Student will provide secure storage for
Customer's vehicles.
9. All drivers employed by First Student 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. First Student
drivers will be trained by First Student in standard bus safety requirements, and
Customer 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. First Student 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 First Student
standards on the buses used in performance of the Services.
10. Drivers employed by First Student in the performing the Services shall be neat in
appearance, punctual in performance of responsibilities, courteous to Customer
employees, students and parents, and have good driving records and safe driving
habits.
11. Drivers employed by First Student in the performance of the Services shall be First
Student employees. First Student will carry and maintain all required workers
compensation insurance, shall make wage payments in accordance with local, state
and federal laws, and shall provide First Student benefits as agreed between First
Student and the driver(s).
12. Customer will provide First Student with written instructions and procedures
concerning the following areas: a) identification and security requirements for
Customer personnel and clients utilizing shuttle 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. Customer shall permit
First Student drivers and supervisors to attend regular safety and security programs at
the operation which are relevant to the Services. For any training required by
Customer, First Student will charge $28.50 per hour for each First Student employee
needing training. First Student will comply with all reasonable requests from
Customer in order to provide for the safety, welfare and comfort of Customer clients
being transported.
13. Between February and April 2008, First Student will provide CDL classroom and
behind the wheel training for a designated number of Customer's staff, not to exceed
10, at a cost to Customer of$40.00 per hour per person except all classroom training
shall be at the rate of$40.00 per h our regardless of the number of trainees. All of the
above FENWC staff occupied in the performance of the Services shall be FENWC
employees. FENWC will carry and maintain all required workers compensation
insurance, shall make wage payments in accordance with local, state and federal laws,
and shall provide FENWC benefits as agreed between FENWC and its staff.
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. Customer shall be responsible for any misuse or abuse of First Student vehicles caused
by Customer's employees or passengers, including unusual wear and tear to vehicle
interiors.
17. First Student will maintain the following insurance coverage at all times over the term
of this Agreement when First Student buses are used:
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 Customer, 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 First Student. All
policies will contain a provision stating that there will be no material change in
or cancellation of policies unless and until Customer 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. Weld County's vehicles will be
insured exclusively by Weld County.
e. Umbrella Coverage shall have a $5,000,000 combined single limit for bodily
injury and property damage, in excess of the coverages set forth above, and
shall "drop down" for exhausted aggregate limits of coverages set forth above.
18. Indemnification
a. First Student shall hold Customer, 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 Customer, 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 First Student 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 Customer, its agents or employees.
b. Customer shall hold First Student, 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
First Student, 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
Customer 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 First Student, 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. First Student and Customer 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 Customer, to Family Educational Network of Weld County, 1551 No. 17th
Avenue, Greeley, Colorado, 80632, Attention: Dr. Janet Flaugher.
b. If to First Student to First Student, 320 N. 24th Court, Grand Junction,
Colorado. 81501, Attention: Marvin Shipley, and First Student P.O. Box 1671,
Montrose, CO 81402, Attention: Cindy Shipley, with a copy to Laidlaw
Transit, Inc., 705 Central Avenue, Suite 300, Cincinnati, Ohio 45202,
Attention: General Counsel.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
the day and year first hereinabove written above.
LAIDLAW TRANSIT, INC. WELD COUNTY BOARD OF COUNTY
Dba First Student, Inc.
COMMISSIONERS
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By: #144Z— GG,rc.o/ By: `—z7. F %
William H. Jerke, Chair
MAR 2 4 :OC8
Name: /4/lrLF, 1.10r5 4:•-• •
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Title: /lt a.7,r+ V. c: `)pta5 ,fib ?+_iittEST5.
+• ',V1t₹ C, UNTY CLERK TO THE
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Dept Cler o the Boar
WELD COUNTY DIVISION OF HUMAN
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Waite . Speckman, Executive Director
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ATTACHMENT A
1) Customer will provide vehicles that meet or exceed the federal, state and local
requirements, including radio communication gear. Specifically, Customer will provide
route buses and spare buses (1 to Grand Junction, 2 to Montrose) to First Student's Grand
Junction and Montrose branches. Customer will provide fuel for operation of its own or
Laidlaw vehicles used for this service.
2) First Student will provide all preventive and reactive maintenance required on Customer
vehicles, per First Student standards and practices. First Student will bill $65/hr plus
parts; First Student will mark up parts by 20%. First Student will obtain Customer
approval prior to replacing major components or executing any repair that exceeds $2,000
in cost.
3) Customer will provide car seats for infants and toddlers being transported in any vehicle.
4) Customer will provide monitors on each bus (bilingual to the extent possible), to provide
the second person (driver being the first) to meet the ration of 1 adult to 8 children,
maximum route capacity of 16 children.
5) First Student will provide drivers for bus transportation and occasional field trip
transportation for migrant Head Start children for the Grand Junction and Olathe centers.
6) First Student will ensure that drivers are adequately trained, licensed and insured.
7) Customer will provide training for bus monitors to the requirements provided by Federal
standards.
8) For the normal case, where Customer's vehicles will be used, First Student will charge
Customer at a rate of$29.36 per hour of vehicle operation. Minimum billing per day in
which First Student provides service will be four (4) hours.
9) If no Customer vehicle is available, First Student will make best efforts to provide a
replacement vehicle of equal quality and passenger type as FENWC vehicles. In lieu of
the normal $29.36 per hour rate, First Student will charge $41.20 per vehicle hour that a
First Student vehicle is in operation. This rate will cover both vehicle and driver.
10)Customer will provide First Student with name, address, and phone number and parent's
name and contact information for students to be transported. This information must be
delivered no later than 2 weeks prior to the start of operation.
11)Once operation has begun, Customer will provide information on new students no less
than 3 days prior to required transportation. Laidlaw will make every effort to provide
service within a 48 hour turnaround framework when possible.
12)Customer will provide all liaison with parents, school, government agencies, and other
interested parties. In this connection, First Student may request that Customer contact
parents and schools regarding changes in pickup and or dropoff times as routes change.
13)Customer will provide a local contact reachable by phone in both Grand Junction and
Montrose who will be available whenever buses are en route.
14)Start dates: For Grand Junction, March 3, 2008; for Olathe, June 9, 2008.
15)End dates: For Grand Junction, October 31, 2008; for Olathe, October 31, 2008.
16)Change of Services dates: At the time of this writing, First Student can guarantee a.m. and
p.m. service as set forth below through Friday, August 16, 2008. On or about August 1,
2008, First Student will inform Customer if Customer will need to provide drivers to
assist with a.m. pick up and drop off through October 31, 2008. Laidlaw expects to be
able to continue providing afternoon route services from 4:30 p.m. to 5:30 p.m.
17)Hours of operation: Morning routes: 6:30 AM to 7:30 AM. Afternoon routes: 4:30 PM
to 5:30 PM. Service will operate Monday thru Friday, excluding holidays and Staff
Inservice days that Customer will designate at startup of service.
18)Routes First Student will determine routes upon receipt of student pickup locations, as
described in paragraph 10, above. At this writing, both parties expect to run three routes
in Grand Junction and two in Montrose. However, this could change, depending on actual
loading. First Student will provide route information to Customer not later than seven
days prior to initiation of service. Customer will advise parents of pickup location and
time for their children.
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