HomeMy WebLinkAbout20060675.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START
TRANSPORTATION AND AUTHORIZE CHAIR TO SIGN - MESABILITY, 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 Purchase of Services Agreement for
Migrant Head Start Transportation 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 MesAbility, Inc., commencing
February 21, 2006, and ending December 31, 2006, 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 Purchase of Services Agreementfor Migrant Head Start Transportation
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 MesAbility, 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 8th day of March, A.D., 2006, nunc pro tunc February 21, 2006.
4/0 BOARD OF OUNTY COMMISSIONERS
t ..s f 4 ' WELD CO TY, COLORADO
ATTEST: it t & Sfl
Weld County Clerk to th.c . • "Fr J p F
' ,CG)/
sit)�t ,p / : 6„1; . .,�j- David E. Long, Pro-Tem
BY: ,iti" i 1 it( h lynx
De tyCI kto the Bo, d A-1 V1.
William H. Jerke
AP D AS TO F EXCUSED
Robert D. Masden
ounty ttorney EXCUSED
Glenn Vaad
Date of signature: ,311 u/(X4p
2006-0675
H R0077
CC ' NS(2oal(,) 63. ;50-01e
MEMORANDUM
DATE: February 24, 2006
'flitinI6
TO: Board of County CommissionersWi`pO FROM: Walt Speckman, Executive Director•
COLORADO SUBJECT: Purchase of Services Agreement between FENWC and
MesAbility INC
Presented for approval before the Weld County Board of County Commissioners is a Purchase of
Services Agreement between FENWC and MesAbility Inc., hereafter referred to as "MesAbility."
MesAbility agrees to provide bus transportation for the children participating in the Migrant 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. MesAbility shall provide qualified drivers that
meet or exceed state and local licensing Requirements for the operation of the vehicles provided
by FENWC. MesAbility will ensure that MesAbility drivers are adequately trained, licensed and
insured. MesAbility shall utilize the seatbelts and car seats provided by FENWC for Migrant
Head Start children.
FENWC agrees to pay MesAbility at the rate of$21.71 per hour of vehicle operation.
If FENWC 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, MesAbility agrees to provide a
replacement vehicle for the service. In that event, MesAbility will be entitled to additional
compensation in the amount of$2.17 per mile that the vehicle is in operation.
FENWC shall provide vehicles for the service to be provided under this Agreement FENWC 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 from February 21, 2006 through December 31, 2006, unless
sooner terminated by agreement or pursuant to the terms and conditions as set forth in the
Agreement in paragraph 9.
If you have any questions please contact Janet Flaugher, Director, @ 353-3800, ext. 3340.
2006-0675
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into 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's Migrant Head Start Program hereinafter referred to as "FENWC" and
MesAbility Inc., hereafter referred to as "MesAbility."
WHEREAS, FENWC has been designated by the Federal Department of Health
and Human Services to operate a Migrant Head Start Program under the provisions of the
Federal Economic Opportunity Act of 1964, as amended, for the northwestern region of
Colorado; and
WHEREAS, FENWC desires to obtain bus transportation for the participants in
the Migrant Head Start Program; and
WHEREAS, MesAbility desires to provide transportation for the participants in
the Migrant Head Start Program.
NOW, THEREFORE, for and in consideration of the covenants, conditions,
agreements, and stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Provision of Transportation
MesAbility agrees to provide bus transportation for the children participating in the
Migrant Head Start Program who live on the bus routes within the determined
boundaries of the Grand Junction Center, 3093 E-'/a Road, Grand Junction,
Colorado, and the Olathe Center in Montrose County. It is anticipated that
transportation services will be required outside of the Grand Junction area,
including, but not be limited to, Montrose and Delta counties.
2. Term of the Agreement
The term of this Agreement shall be from February 21, 2006, through December 31,
2006, unless sooner terminated by agreement or pursuant to the terms and
conditions as set forth in this Agreement in paragraph 9.
3. Compensation
A. In consideration of the services to be provided by MesAbility as set forth
hereinafter, FENWC agrees to pay MesAbility at the rate $21.71 per hour of
vehicle operation. This rate consists of the following components:
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Hourly Pay Taxes and
Rate Fringe Total
Benefits_
Drivers $9.85 $3.45 $13.30
Direct administrative 6.44
overhead
Sub-total $19.74
Corporate overhead/fee 1.97
Total price per hour
of vehicle operation $21.71
B. If FENWC 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, MesAbility agrees to provide a replacement vehicle for the service.
In that event, MesAbility will be entitled to additional compensation in the
amount of$2.17 per mile that the vehicle is in operation.
C. Billing for transportation services shall be made monthly. MesAbility shall
submit a bill for transportation services, to the Transportation Department of
Weld County, P.O. Box 1805, Greeley, Colorado 80632, by the tenth of the
month for services provided during the preceding month. FENWC will
make payment for side services within thirty (30) days of receipt of the bill
from MesAbility.
4. Transportation Services
A. Compliance with Rules and Regulations
MesAbility agrees to comply with Colorado Department of Social Services
Minimum Rules and Regulations for Child Care Centers, Transportation
Section 7.702.8-7.202.84, Head Start Performance Standards 45CFR Part
1310, and to follow all pertinent Colorado Department of Social Services
requirements regarding the provisions of services to childcare centers.
MesAbility shall provide qualified drivers that meet or exceed state and
local licensing requirements for the operation of the vehicles provided by
FENWC. Any replacement vehicles provided by MesAbility will also meet
or exceed all requirements of relevant federal, state and/or local regulations.
B. Transportation Services to be Provided
MesAbility shall perform the following transportation services, including
but not limited to:
Page 2 of 7
1) MesAbility shall provide drivers for bus transportation for and field
trip transportation for the Migrant Head Start children who live on
the bus routes within the determined boundaries for the Grand
Junction Center, Grand Junction, Colorado. New clients or address
changes will become effective for transportation services on the next
transportation date, providing the information concerning the new
clients or address changes has been submitted, in writing, by at least
1:00 p.m. on the previous business day.
2) MesAbility shall utilize the seatbelts and car seats provided by
FENWC for Migrant Head Start children.
3) MesAbility will ensure that MesAbility drivers are adequately
trained, licensed and insured.
4) MesAbility will provide drivers for transportation services to Health
Care facilities and returns as needed, for the children enrolled in the
Migrant program. Migrant staff will make the requests 5 working
days in advance of the appointment or as soon as possible if the
crisis is unknown in advance. MesAbility will not provide
emergency transportation in situations of injury or the onset of a
sickness requiring EMT assistance.
5. FENWC's Responsibilities
A. FENWC shall provide vehicles for the service to be provided under this
Agreement. FENWC warrants that these vehicles will meet or exceed the
requirements of the relevant federal, state or local regulations or laws.
FENWC will provide all maintenance, repair and fuel for the vehicles at
mutually acceptable facilities in the Grand Junction metropolitan area.
MesAbility will charge FENWC at the rate shown in section 3 above for any
time required to transport a FENWC vehicle to or from FENWC's
maintenance or fueling facilities and for any reasonable amount of time the
MesAbility employee is required to wait for the vehicle. This amount of
time will not exceed two (2) hours. MesAbility will make every reasonable
effort to minimize waiting time.
B. FENWC shall provide car seats for MesAbility's use for infants and toddlers
being transported in any vehicle. Said car seats remain the property of
FENWC and shall be returned to FENWC at the termination of this
Agreement.
C. FENWC agrees to notify MesAbility of changes in addresses for any of the
children or of newly enrolled children on a daily basis, in writing.
Notification for new clients, including all pertinent information must be
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given to MesAbility, in writing, by 1:00 p.m. at least one business day prior
to the expected transportation date.
C. FENWC will ensure that a Monitor(aide/attendant) will be provided on the
buses, at the rate of one adult for the first seven infants/toddlers/preschool
children. The driver of the bus may also qualify as the one required adult
for the second seven infants/toddlers/preschool children. Limit of route
capacity to be 14 children.
6. Parties' Relationship
The parties to this Agreement intend that the relationship between them
contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of either party shall be considered an
employee, agent, or servant of the other party for any purpose.
7. Indemnifications and Hold Harmless
A. To the extent permitted by law, MesAbility agrees to indemnify and hold
harmless FENWC, the County of Weld, by and through the Board of County
Commissioners of the County of Weld; and their employees and agents,
from any and all liability incurred by them, caused by acts, omissions, or
failures to act by MesAbility when performing its duties required by this
Agreement. The term "liability" includes, but is not limited to, any and all
claims, damages, and court awards including costs, expenses, and attorney
fees incurred as a result of any acts or omissions by the applicable party who
acted or failed to act.
B. To the extent permitted by law, FENWC, the County of Weld, by and
through the Board of County Commissioners of the County of Weld, agrees
to indemnify and hold harmless MesAbility and their employees and agents,
from any and all liability incurred by them, caused by acts, omissions, or
failures to act by FENWC or the County of Weld when performing its duties
required by this Agreement. The term "liability" includes, but is not limited
to, any and all claims, damages, and court awards including costs, expenses,
and attorney fees incurred as a result of any acts or omissions by the
applicable party who acted or failed to act.
8. Non-Assignment
This Agreement shall not be assignable without prior written consent of FENWC or
MesAbility, whichever is the non-assigning party.
9. Termination
Either party may terminate this Agreement for cause upon thirty(30) days written
notice and for any reason so long as ninety (90) days written notice of its intent to
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so terminate is given to the other party. If the Agreement is so terminated, FENWC
shall pay that compensation to MesAbility that duly reflects the actual number of
hours and miles not previously reimbursed during which MesAbility documents
provided services pursuant to this Agreement.
10. Notices
Any notice provided for in this Agreement shall be in writing and shall be serviced
by personal delivery or by certified mail, return receipt requested, postage prepaid,
at the addresses set forth in this Agreement, until such time as written notice of a
change is received from the party wishing to make a change of address. Any notice
so mailed and any notice served by personal delivery shall be deemed delivered and
effective upon receipt or upon attempted delivery.
This method of notification will be used in all instances, except for emergency
situations when immediate notification to the parties is required.
Walter J. Speckman, Executive Director
Weld County Division of Human Services
Family Educational Network
Migrant Head Start Program
Greeley, Colorado 80632
Rodney E. Ghearing, President & CEO
MesAbility, Inc.
201 South Ave.
Grand Junction, Colorado 81501
11. Modification and Breach
This Agreement contains the entire Agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, notation, renewal, or other alteration of or to this Agreement and the
attached exhibits, if any, shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No breach of
any term, provision, or clause of Agreement shall be deemed waived or excused,
unless such wavier or consent shall be in writing by any party claimed to have
waived or consented. Any consent by any party hereto, or waiver of, a breach by
any other party, whether express or implied, shall not constitute a consent to, waiver
of, or excuse for any other different or subsequent breach.
12. Severability
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such a
Page 5 of 7
provision to the extent this Agreement is capable of execution within the original
intent of the parties.
13. Funding
No portion of this Agreement shall be deemed to create an obligation on the part of
the County of Weld, State of Colorado, or FENWC to expend funds not otherwise
appropriated during the term of this Agreement.
14. Pecuniary Interest
No officer, member, or employee of Weld County and no member of the parties'
governing bodies shall have any pecuniary interest, direct or indirect, in the
approved Agreement or the proceeds thereof.
15. To Whom Services are to be Provided
FENWC and MesAbility assure compliance with Title VI of the Civil Rights Acts
of 1964 that no person shall, on the grounds of race, color, sex, religion, age,
national origin, or individual disability, be excluded from participation in, be denied
the benefits of, or be subject to discrimination under any provision of this
Agreement.
16. Evaluation of Performance
MesAbility 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 from such evaluation of performance will be provided to the Weld
County Board of Commissioners.
17. No Third Party Beneficiary Enforcement
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
portion of this Agreement be deemed to have created a duty of care with respect to
any person not a party to this Agreement.
It is expressly understood and agreed that enforcement of the terms and conditions
of this Agreement and all rights of action relating to such enforcement shall be
strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Agreement. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
Page 6 of 7
IN WITNESS WHEREOF, the parties hereunto set their hand and seals this 8th day of
March 2006.
VVELD COUNTY BOARD OF
COUNTY ��� ���
COMMISSIONE '� ATTEST:
,� / E K TO OA
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VIM �i Cler
ic, to the Botkd
15110 SI
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M. J. Geile, Chair p�yecP�,
03/08/200. J JV
MESABILITY, Inc.
Rod E. ringnt & CEO
MesAbility, Inc.
WELD COUNTY DIVISION
OF HUMAN SERVICES
/(/
W r . Speckman
Executive Director
Page 7 of 7
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