HomeMy WebLinkAbout20050264.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
January 31,2005,and ending November 18,2005,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 Agreement for Migrant Head StartTransportation
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 19th day of January, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
El � �/ ����� WELD COUNTY, COLORADO
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2005-0264
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MEMORANDUM
WIDc. DATE: January 14, 2005
COLORADO TO: William H. Jerke, Chair, Board of County Commissioners
FROM: Walter J. Spcckman, Executive Director, Human Services
RE: FENWC Migrant Transportation Agreement
Enclosed for Board approval is a Purchase of Service Agreement between the Family Educational
Network of Weld County and MesAbility for services in Mesa County, Grand Junction, Colorado;
Montrose and Delta Counties, Olathe, Colorado.
MesAbility agrees to provide transportation for the Migrant children at a cost of$2.13 per mile and
$9.47 per hour of travel time.
MesAbility agrees to provide monitors (aide/attendants) on the vehicles transporting children, at the
cost of 8.19 per hour.
The term of this agreement is from January 31, 2005 through November 18, 2005.
If you have questions, please telephone Patsy Drewer at 356-4000, ext. 3490.
2005-0264
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
for the Grand Junction Center, 3093 East 1/4 Road, Grand Junction, Colorado, and the
Olathe Center, 290 Harp Court, Olathe in Montrose County. It is anticipated that
transportation services will be required outside the Grand Junction area, including, but
may not be limited to, Montrose and Delta counties.
2. Term of the Agreement
The term of this Agreement shall be from January 31, 2005 through November 18, 2005,
and shall automatically renew from year to year, unless sooner terminated by agreement
or pursuant to the terms and conditions as set forth in this Agreement in paragraph 9.
3. Compensation
In consideration of the services to be provided by MesAbility as set forth hereinafter,
FENWC agrees to pay MesAbility, during the initial term of this Agreement, at the rate of
$2.13 per mile and $ 9.47 per hour of travel time, portal to portal, pursuant to the terms of
this Agreement. During the initial term of this Agreement, FENWC agrees to reimburse
MesAbility for Migrant monitors (aides/attendants), as provided for in paragraph 4.B.5.,
at a rate commensurate with their experience, but in no event shall such rate for
reimbursement exceed $8.19 per hour.
For each subsequent renewal term of this Agreement as provided for in paragraph 2,
unless the parties otherwise agree, the rates for mileage, travel time, and any Migrant
monitors, as provided for in this paragraph 3, shall each be increased by four (4%)
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percent of the rate in effect during the ending term. If the parties wish to renegotiate
the compensation rates for any renewed term, the party desiring to modify the rates
shall so notify the other party no later than 60 days prior to the end of the then current
term.
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 said 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, Head Start Rules and
Regulations, Transportation Section 7.702.8-7.202.84, including, but not limited
to, C.D.L. requirements, First Aid and Child CPR, and to follow all pertinent
Colorado Department of Social Services requirements regarding the provisions
of services to child care centers.
MesAbility shall provide equipment and qualified drivers who meet or exceed state
and local licensing requirements for the operation of the vehicle provided by
MesAbility.
B. Transportation Services to be Provided
MesAbility shall perform the following transportation services, including but not
limited to:
1) MesAbility shall provide bus transportation 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 and/or the Olathe Center in Montrose County, which is expected to
also include Delta County. New clients or address changes will become
effective for transportation services on the second transportation date after
notification of such information, providing the information concerning the
new clients or address changes has been submitted by no later than 1:00 p.m.
two business days before the effective date. Children dropped from program
must be submitted immediately, in writing, by 1:00 p.m., to be effective the
next business day.
2) MesAbility shall utilize its seatbelts and the car seats provided by FENWC
for Migrant Head Start children riding in their vehicles.
3) MesAbility agrees to provide adequate maintenance and insurance on
MesAbility vehicles.
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4) MesAbility shall be responsible for all maintenance and repairs necessary to
MesAbility vehicles.
5) MesAbility will ensure that a Monitor(aide/attendant) will be provided on the
buses, at the rate of one adult for every seven infants/toddlers/preschool
children. MesAbility agrees to employ the said Monitors (aides/attendants),
utilizing Summer Youth workers, entry level employees, or Community
volunteers. The rate of reimbursement to MesAbility from FENWC for
Monitor's (aides/attendants) pay will not exceed the compensation rate
provided for in paragraph 3. All Monitors (aides/attendants) shall at all times
be employees of MesAbility. At no time shall any Monitor(aide/attendant) be
considered to be an employee of FENWC for any purpose.
6) Food for the migrant centers will be prepared at "Sodexho", c/o College Center
1100 North Avenue, Grand Junction, Colorado, 81501, an entity known by
both parties. MesAbility agrees to transport the prepared food from "Sodexho"
to the Grand Junction migrant Center in three (2) trips per day, as follows:
•breakfast and snack to arrive around 8:00 a.m.
*lunch and snack to arrive around 11:30 a.m.
The food service trays will be accumulated, and MesAbility will return the
food service trays from the previous business day to "Sodexho" at
approximately 8:30 a.m. on the next business day. The Monitors will not be
required on the food routes, as no children will be transported.
7) MesAbility will ensure that MesAbility vehicle drivers and monitors are
adequately trained, licensed and insured.
8) MesAbility will provide 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 in the event of an unforeseen incident requiring immediate
transportation. MesAbility will not, however, provide emergency
transportation for injury or illness requiring EMT assistance.
5. FENWC'S Responsibilities
A. FENWC shall provide car seats for MesAbility's use for infants and toddlers being
transported in MesAbility vehicles. Said car seats remain the property of FENWC
and shall be returned to FENWC at the termination of this Agreement.
B. FENWC agrees to notify MesAbility of changes in addresses for any of the
children, of newly enrolled children, or names of children who are no
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longer enrolled in the program, on a daily basis. Notification for new clients,
including all pertinent information must be given to MesAbility by 1:00 p.m. at
least two business days prior to the expected transportation date.
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. Indemnification and Hold Harmless
A. 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.
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 indemnity 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 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. Notwithstanding
any provision contained herein to the contrary, neither FENWC nor Weld County
waives any immunities to which they are entitled pursuant to law.
The provisions of this Section 7 shall survive and continue to be in effect
following any termination of this Agreement.
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 any reason so long as thirty(30) days
written notice of its intent to so terminate is given to the other party. If the Agreement is
so terminated, FENWC shall pay that compensation to MesAbility which duly reflects the
actual number of hours and miles not previously reimbursed during which MesAbility
documents provided services pursuant to this Agreement.
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10. Notices
Any notice provided for in this Agreement shall be in writing and shall be served 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 notifications to the parties is required.
Weld County Division of Human Services
Family Educational Network
Migrant Head Start Program
Greeley, Colorado 80632
Rodney E Ghearing, Chief Executive Officer
MesAbility, Inc.
201 South Avenue
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, novation,
renewal, or other alteration of or to this Agreement and the attached exhibits 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 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.
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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.
IN WITNESS WHEREOF, the parties hereunto set their hand and seals this /9 `
day of / , 2005.
WELD COUNTY BOARD OF COUNTY COMMISSIONERSMildi
ATTEST:
CLERK TO THE BOARD 1 �'
AL,, / 9 �r 186i G ti• 1/49
William H. Jerke, Chair By: . ( � 'ut4`��1�
JAN 19 L'. 'U) Deputy Clerk to t
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By: Deputy Clerk to the Board
7LITY,Inc
Rodneci. Ghearingecutive
MesAbility,Inc.
WELD COUNTY DIVISION
OF HUMAN SERVICES
e . Speckman,
ecutive Director
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