HomeMy WebLinkAbout20011422.tiff n eTh
RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START
PROGRAM AND AUTHORIZE CHAIR TO SIGN - MESABILITY, DBA GRAND VALLEY
TRANSIT
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
the Migrant 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 the MesAbility, dba Grand
Valley Transit, commencing June 18, 2001, and ending November 30, 2001, 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 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 the MesAbility, dba Grand Valley Transit 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 30th day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
4•000014% WELD CO Y, COLORADO
ATTEST: MI I
��t � �� &I X)
1861 '��"-''�'• Ion JIB eile, Ct}gir
Weld County Clerk to the ' •a • ( tai = �� ::JJLL/55r%CuW (/J/
Glenn Vaa , ro-Tem
BY: Parirrn c ��ia,e1 N 147,G7
Deputy Clerk to the Board % • - -�
Willia . erke c
AP OV AS TO RM:
aw E. Long �,i� o
ounty orn@y "lt•L,
Robert D. Masden
2001-1422
HR0072
°';.c'./ 's-av-aa.)/
$ $w(i1( (1-Ct4te
/,5 p. 02.
MEMORANDUM
CTO: Weld County Board of Cou y Commissioners
COLORADO
• FROM: Walter J. Speckman \fs
DATE: May 30, 2001
SUBJECT: Purchase of Services Between FENWC and
MesAbility dba Grand Valley Transit
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$1.47 per mile
and $ 8.00 per hour of travel time.
MesAbility agrees to provide monitors (aides/attendants) on the vehicles transporting children,
at the cost of$7.00 per hour.
The term of this agreement is from June 18, 2001 through November 30, 2001.
If you have any questions, please telephone Patsy Drewer at 356-4000, ext. 3490.
2001-1422
•
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 dba
Grand Valley Transit, 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 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 June 18, 2001 through November 30, 2001,
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 at the rate of$1.47 per mile and $ 8.00 per hour of
travel time, portal to portal, pursuant to the terms 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 $7.00 per hour.
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
1
o7ooi
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, Transportation
Section 7.702.8-7.202.84, 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 next transportation date, providing
the information concerning the new clients or address changes has been
submitted by at least 1:00 p.m. on the previous 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.
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. The driver of the bus may also qualify as the one required adult for
the first seven infants/toddlers/preschool children. An additional adult is
required for the eighth through the fourteenth infant/toddler/preschool, and so
on for each additional group or portion of a group of seven
infants/toddlers/preschool children. MesAbility agrees to employ the said
Monitors (aides/attendants), utilizing Summer Youth workers, entry level
2
aDD /ra
fr
employees, or Community volunteers. Rate of reimbursement to MesAbility
from FENWC for Monitor's (aides/attendants)pay will not exceed $7.00 per
hour, as previously stated. All Monitors (aides/attendants) shall at all times
be employees of MesAbility. At no time shall any Monitor(aide/attendant)
be considered an employee of FENWC for any purpose.
6) Food for the migrant centers will be prepared at "Hilltop", 2897 North
Avenue. MesAbility agrees to transport the prepared food from the "Hilltop"
to the Grand Junction migrant Center in three (3) 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. and
•the evening meal to be delivered by 3:30 p.m..
The food service trays will be accumulated, and MesAbility will return the
food service trays from the previous business day to "Hilltop" at
approximately 8:30 a.m. on the next business day.
7) MesAbility will ensure that MesAbility vehicle drivers and monitors are
adequately trained, licensed and insured.
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 or of newly enrolled children on a daily basis. Notification for new
clients, including all pertinent information must be given to MesAbility by
1:00 p.m. at least one business day 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
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
3
aoCA/9.a0
re‘ eTh
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 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.
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
MesAbility.
Gary Wallace
MesAbility, Board President
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
4
aon/--/.167A
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.
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 the 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 tenns 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.
5
0700/—/fro:
r /'1 /1
IN WITNESS WHEREOF, the parties hereunto set their hand and seals this 30'h day
of May, 2001.
WELD COUNTY BOARD OF
COUNTY COMMISSIONERS ATTEST: uto
CLERK TO-THne
71$1,1
M. J. eile, Chair (05/3°%° .)<V l� . c 3 `�
By: Deputy Clerk to th���'.
MESABILITY
dba Grand Valley Transit Gary'Wallace, President
MesAbility
WELD C NTY DIVISION
OF H SERVICES
'ter J. Speckman,
xecutive Director
6
c?ocy-/yoz..2
Hello