HomeMy WebLinkAbout20071475.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 January 8, 2007,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 23rd day of May, A.D., 2007, nunc pro tunc January 8, 2007.
BOAR COUNTY COMMISSIONERS
try •• WELD UNTY, COLORA O
•
ATTEST: �G� , `�'?`' t�9
Itsi %f r�'�`}• `,' vid E. Long, Chair
Weld County Clerk to the a '- J .�`
v illia H.In Jerk ro-Tem
BY:A . -Cult the Bo /
D ty o the Bob•d G
Will' F. Garcia //��
APP DASTO & ��C>
Robert D. asden
ounty orney
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Date of signature: (iif67
2007-1475
HR0078
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MEMORANDUM
f&It'agm6
DATE: May 7, 2007
TO: Board of County Commissioners
O FROM: Walt Speckman, Executive Director We"v '
•
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 "Laidlaw."
Laidlaw 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. Laidlaw shall provide
qualified drivers that meet or exceed state and local licensing Requirements for the operation of
the vehicles provided by FENWC. Laidlaw will ensure that Laidlaw drivers are adequately
trained, licensed and insured. Laidlaw shall utilize the seatbelts and car seats provided by
Customer for Migrant/Seasonal Head Start children.
Customer agrees to pay Laidlaw at the rate of$28.50 per hour of vehicle operation. This rate
Will cover both vehicle and driver. FENWC will also provide fuel for operation of it's own or
Laidlaw vehicles used for this service.
If Customer is unable to provide a vehicle for any of the services described herein due to a
Vehicle being disabled or otherwise unavailable for any reason, Laidlaw agrees to provide a
replacement vehicle for the service. In that event, Laidlaw will charge $40.00 per vehicle hour
that a Laidlaw vehicle is in operation. This rate will cover both vehicle and driver.
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.
The term of this Agreement shall be Grand Junction, March 5, 2007; for Olathe, June 11, 2007.
Laidlaw can guarantee service thru Friday, August 17, 2007, Laidlaw will inform Customer
regarding Laidlaw's ability to continue service thru Customer's desired end date ,
October 31, 2007.
If you have any questions please contact Janet Flaugher, Director, CO 353-3800, ext. 3340.
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2007-1475
SHUTTLE TRANSPORTATION AGREEMENT
This Shuttle Transportation Agreement, (the "Agreement")' is entered into this
8th day of January, 2007 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"), with its corporate offices located at 55 Shuman Boulevard, Naperville, IL
60563 and its local operating offices located at 320 N. 24`h Court, Grand Junction, CO.
81501, and (serving Olathe) at 1002 S. Colorado, 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. Laidlaw is in the business of providing bus services.
D. Customer desires to have Laidlaw provide shuttle services and Laidlaw desires to
provide such services, each subject to the terms and conditions set forth in this
agreement.
AGREEMENT
1. Laidlaw 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. Laidlaw 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
Laidlaw address listed on such invoices. In the event of a dispute concerning any
matter contained in Laidlaw's invoices to Customer, Customer shall pay any
undisputed amounts in accordance with this Section, and shall advise Laidlaw
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.
0.,9007-/y75
4. Customer shall provide Laidlaw 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 route or stops included in the service or any change
in the vehicle requirements or d) any cancellation of services without cause.
Except in the case of 3.d), Laidlaw will have ten (10) days following such notice
to confirm to Customer that it can accommodate the requested changes. In the
event Laidlaw is unable to accommodate the requested changes, Laidlaw 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, Laidlaw shall continue to provide services
until the date set forth in the cancellation notice or thirty days following such
notice, whichever is later.
5. Laidlaw 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 Laidlaw's sole discretion, presents a danger to its
employees or vehicles. In the event Laidlaw 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 Laidlaw's control, Customer shall excuse the Laidlaw 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 Laidlaw of any of the following breaches, which have
remained uncorrected three(3) days after written notice: a) Laidlaw fails to
provide the Services as required under this Agreement for any forty-eight hour
period; or b) Laidlaw's employees fail to follow any safety or security
requirements of Customer based on written policies and procedures of Customer
previously advised to Laidlaw. Laidlaw 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 Laidlaw under the Agreement in a
timely manner; or y) Laidlaw 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 Laidlaw 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 Laidlaw 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 Laidlaw in performance of the
Services must comply with Federal Standards for the transportation of students.
Laidlaw will provide secure storage for Customer's vehicles.
9. All drivers employed by Laidlaw 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. Laidlaw
drivers will be trained by Laidlaw 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. Laidlaw 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 Laidlaw standards
on the buses used in performance of the Services.
10. Drivers employed by Laidlaw 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 Laidlaw in the performance of the Services shall be Laidlaw
employees. Laidlaw will carry and maintain all required workers compensation
insurance, shall make wage payments in accordance with local, state and federal
laws, and shall provide Laidlaw benefits as agreed between Laidlaw and the
driver(s).
12. Customer will provide Laidlaw 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 Laidlaw 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, Laidlaw will charge $28.50 per hour for each Laidlaw
employee needing training. Laidlaw will comply with all reasonable requests
from Customer in order to provide for the safety, welfare and comfort of
Customer clients being transported.
13. 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.
14. 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.
15. Customer shall be responsible for any misuse or abuse of Laidlaw vehicles caused
by Customer's employees or passengers, including unusual wear and tear to
vehicle interiors.
16. Customer's vehicles will be insured exclusively by Customer. Laidlaw will
maintain the following insurance coverage at all times over the term of this
Agreement when Laidlaw 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 Laidlaw. 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 51,000,000 combined single
limit for bodily injury and property damage.
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.
17. Indemnification
a. Laidlaw 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 Laidlaw 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 Laidlaw, 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
Laidlaw, 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 Laidlaw, its agents or employees.
18. 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.
19. Laidlaw 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.
20. 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, P.O.
1805, 1551 No. 17`h Avenue, Greeley, Colorado, 80632.
b. If to Laidlaw, to Laidlaw Transit, Inc., 320 N. 24th Court, Grand Junction,
Colorado. 81501, Attention: Glen Schultz, or 1002 S. Colorado, P O Box
1671, Montrose, CO 81402, Attention: Marvin Shipley, with a copy to
Laidlaw Transit, Inc., 55 Shuman Blvd., Naperville, IL 60563, Attention:
General Counsel.
21. Principal contacts for operational issues are:
a. For Customer: Janet Flaugher, Greeley, (970) 353-3800 X3340
b. For Laidlaw-Grand Junction: Glen Schultz, (970) 241-1570 X206
c. For Laidlaw-Montrose: Marvin Shipley, (970) 249-8233
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
COMMISSIONERS
By: By: v , L.
avid E. Long, Chair
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Name: mss% ''ilda M 2 3 2007
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Title: Asa i r
TY CLERK TO THE
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By: Ate
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WELD COUNTY DIVISION OF HUMAN
SER IC S
Walt . S eckman, 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
Laidlaw's Grand Junction and Montrose branches. Customer will provide fuel for
operation of its own or Laidlaw vehicles used for this service.
2) Laidlaw will provide all preventive and reactive maintenance required on Customer
vehicles, per Laidlaw standards and practices. Laidlaw will bill $50/hr plus parts;
Laidlaw will mark up parts by 20%. Laidlaw will obtain Customer approval prior to
replacing major components or executing any repair that exceeds $2000 in cost.
3) Customer will provide car seats for infants and toddlers being transported in any
vehicle.
4) Customer will provide bilingual monitors, at least one on each bus, trained to satisfy
Federal and State requirements. Customer will provide backup monitors and will
manage monitor duty schedules to ensure that no route must be cancelled for lack of a
monitor. Customer will assume responsibility for maintaining correct student
capacity and adult-to-student ratios on each bus.
5) Laidlaw will provide drivers for bus transportation and occasional field trip
transportation for migrant Head Start children for the Grand Junction and Olathe
centers.
6) Laidlaw will ensure that drivers are adequately trained, licensed and insured.
7) For the normal case, where Customer's vehicles will be used, Laidlaw will charge
Customer at a rate of$28.50 per hour of vehicle operation. Minimum billing per day
in which Laidlaw provides service will be four(4) hours.
8) If no Customer vehicle is available, Laidlaw will make best efforts to provide a
replacement vehicle of equal quality. In lieu of the normal $28.50 per hour rate,
Laidlaw will charge $40.00 per vehicle hour that a Laidlaw vehicle is in operation.
This rate will cover both vehicle and driver.
9) Customer will provide Laidlaw 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 3 weeks prior to the start of operation.
10)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.
11)Customer will provide all liaison with parents, school, government agencies, and
other interested parties. In this connection, Laidlaw may request that Customer
contact parents and schools regarding changes in pickup and or dropoff times as
routes change.
12)Customer will provide a local contact reachable by phone in both Grand Junction and
Montrose who will be available whenever buses are en route.
13)Start dates: For Grand Junction, March 5, 2007; for Olathe, June 11, 2007.
14)Termination dates: At the time of this writing, Laidlaw can guarantee service thru
Friday, August 17, 2007. On or about August 1, 2007, Laidlaw will inform Customer
regarding Laidlaw's ability to continue service thru Customer's desired end date,
October 31, 2007.
15)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 that
Customer will designate at startup of service.
16)Routes: Laidlaw 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. Laidlaw 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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