HomeMy WebLinkAbout20001488.tiff RESOLUTION
RE:: APPROVE TWO PURCHASE OF SERVICES AGREEMENT FOR TRANSPORTATION
OF MIGRANT CHILDREN IN GRAND JUNCTION AND OLATHE, COLORADO, 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 two Purchase of Services Agreements
for the transportation of migrant children in Grand Junction and Olathe, Colorado, 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 Education Network of
Weld County, and the Laidlaw Transit, Inc., commencing July 19, 2000, and ending October 31,
2000, with further terms and conditions being as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements, 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 two Purchase of Services Agreements for the transportation of
migrant children in Grand Junction and Olathe, Colorado, 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 Education Network of Weld County, and the Laidlaw
Transit, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authcrized
to sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WD C�OiUNTTY, COLORA O
ATTEST:L
Ia0 �" /.l Barbarameyer, C air ir
Weld County Clerk tot B. . � ,
ixi i0 I "/-/ it.,i'
! M. J. Gee, Pro-rem
IBY: :ice. �.gT .__�s
Deputy Clerk to the :tii yatt
�, rge . Baxter
APPROVED AS TO FORM:
Dale K. Hall
County Att‘-ney /lug //�=6
Glenn Vaad `—_
2000-1488
(0 .1 AOC HR0071
MEMORANDUM
e
ti TO: Barbara J. Kirkmeyer, Chair, Board of County
W11Dc. Commissioners
FROM: Walter J. Speckman, Executive Director, Human f ,Services
COLORADO DATE: June 15, 2000
SUBJECT: Purchase of Service Agreements between the
Family Educational Network of Weld County
(FENWC) and Laidlaw Transit, Inc.
Enclosed for Board approval are two (2) Purchase of Service Agreements between the
Family Educational Network of Weld County and Laidlaw Transit, Inc., for services in
Grand Junction and Olathe, Colorado.
Laidlaw agrees to provide transportation for the Migrant children at a cost of$1.47 per mile
and $12.33 per hour of travel time
The term of this Agreement is from July 19, 2000 through October 31, 2000.
If you have any questions, please telephone Patsy Drewer at extension 3490.
200-- 4 3
tree a
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 7th day of June, 2000, 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 Laidlaw Transit, Inc., hereafter referred to as "Laidlaw"
WHEREAS, FENWC has been designed by the Federal Department of Health and
Human Services to operate a Migrant Head Start Program (the 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 provide transportation for the participants in the
Migrant Head Start Program; and
WHEREAS, FENWC desires a vehicle parking area for the Parent Involvement Van
(P.LV.). within a secured and accessible storage area with the Laidlaw fleet of buses.
WHEREAS, LAIDLAW desires to obtain bus transportation for the participants in
the Migrant Head Start Program.
NOW, THEREFORE, for in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Provision of Transportation
Laidlaw 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, address to be determined, Grand Junction, Colorado, during the
agreement period.
2. Term of the Agreement
The term of this Agreement shall be from June 19, 2000 through October 31, 2000.
3. Compensation
In consideration of the services to be provided by Laidlaw as set forth hereinafter,
FENWC agrees to pay Laidlaw at the rate of$-E#4 per mile and r7pri per hour of
travel time, portal to portal, pursuant to the tens lof this Agreement.33 )
Billing for transportation services shall be made monthly. Laidlaw shall submit a bill for
transportation services, to the Family Educational Network 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 Laidlaw.
„IGoo-i'-1c74
4. Transportation Services
A. Compliance with Rules and Regulations
Laidlaw 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.
Laidlaw shall provide equipment and qualified drivers who meet or exceed stale
and local licensing requirements for the operation of the vehicle provided by
Laidlaw.
B. Transportation Services to be Provided
Laidlaw shall perform the following transportation services, including but not
limited to:
1) Laidlaw 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. New clients or address changes will become effective for
transportation services within 48 hours of FENWC notification.
2) Laidlaw shall utilize its seatbelts and the car seats provided by FENWC for
Migrant Head Start children riding in their vehicles.
3) Laidlaw agrees to provide adequate maintenance and insurance on Laic:law
vehicles.
4) Laidlaw shall be responsible for all maintenance and repairs necessary to
Laidlaw vehicles.
5) Laidlaw will adequately train, license, and insure Laidlaw vehicle drivers
and monitors.
5. FENWC'S Responsibilities
A. FENWC shall provide car seats for Laidlaw's use for infants and toddlers being
transported in Laidlaw 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 Laidlaw of changes in addresses for any of the children
or of newly enrolled children on a daily basis.
C. FENWC will provide a van to be used in programs associated with the Migrant
Head Start Program of Weld County. Human Services of Weld County will
provide a qualified driver.
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 change or nullify of this Agreement.
7. Indemnification and Hold Harmless
Laidlaw 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 Laidlaw 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 and
Laidlaw, 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 Laidlaw which duly reflects the actual number of miles and hours not
previously reimbursed during which Laidlaw 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
P.O. Box 1805
Greeley, Colorado 80632
Laidlaw Transit, Inc.
320 North 24th Court
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
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.
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 of the proceeds thereof.
15. To Whom Services are to be Provided
FENWC and Laidlaw 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 Preformance
Laidlaw 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.
11. No Third Party Beneficiary Enforcement
No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the parties of 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 he
deemed an incidental beneficiary only.
IN WITNESS WHEREOF,the parties hereunto set their hand and seals this 7"'
day of June, 2000.
WELD COUNTY BOARD OF LAIDLAW TRANSIT;4NC.
COUNTY COMMISSIONERS
Barbara J. Kirkmeyer, Char /� '�f� ' en Schultz/
(06/19/200 /0/� ,
ATTEST:
WELgCOUNTY CLERK TO
By:
Deputy Clerk to the Board
WEYD/C NTY DIVISION OF HUMAN SERVICES
, Wa7lIef J. peckman, Executive Director
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT,made and entered into this 7"' day of June, 2000, 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 Laidlaw Transit, Inc., hereafter referred to as "Laidlaw"
WHEREAS, FENWC has been designed by the Federal Department of Health and
Hluman 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 provide transportation for the participants in the
Migrant Head Start Program; and
WHEREAS, LAIDLAW desires to obtain bus transportation for the participants in
the Migrant Head Start Program.
NOW, THEREFORE, for in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Provision of Transportation
Laidlaw 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
Olathe Center, 290 Hap Court, Olathe, Colorado, during the agreement period.
2. Term of the Agreement
The term of this Agreement shall be from June 19, 2000 through October 31, 2000.
3. Compensation
In consideration of the services to be provided by Laidlaw as set forth hereinafter,
FENWC agrees to pay Laidlaw at the rate of$1.47 per mile and $12.33 per hour of
travel time, portal to portal, pursuant to the terms of this Agreement.
Billing for transportation services shall be made monthly. Laidlaw shall submit a bill for
transportation services, to the Family Educational Network 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 Laidlaw.
r�G'CK J i'e
4. Transportation Services
A. Compliance with Rules and Regulations
Laidlaw 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 al.l pertinent Colorado Department
of Social Services requirements regarding the provisions of services to
child care centers.
Laidlaw shall provide equipment and qualified drivers who meet or exceed state
and local licensing requirements for the operation of the vehicle provided by
Laidlaw.
B. Transportation Services to be Provided
Laidlaw shall perform the following transportation services, including but not
limited to:
1) Laidlaw 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 Olathe Center, Olathe Colorado. New clients
or address changes will become effective for transportation services within
48 hours of FENWC notification.
2) Laidlaw shall utilize its seatbelts and the car seats provided by FENWC for
Migrant Head Start children riding in their vehicles.
3) Laidlaw agrees to provide adequate maintenance and insurance on Laidlaw
vehicles.
4) Laidlaw shall be responsible for all maintenance and repairs necessary to
Laidlaw vehicles.
5) Laidlaw will adequately train, license, and insure Laidlaw vehicle drivers
and monitors.
5. FENWC'S Responsibilities
A. FENWC shall provide car seats for Laidlaw's use for infants and toddlers being
transported in Laidlaw 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 Laidlaw of changes in addresses for any of the children
or of newly enrolled children on a daily basis.
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 mtitual cooperation. No
employee, agent, or servant of either party shall change or nullify this Agreement.
•
7. Indemnification and Hold Harmless
Laidlaw 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 Laidlaw when performing its duties required by this
Agreement. The term "liability" includes, but is riot 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 and
Laidlaw, 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 Laidlaw which duly reflects the actual number of hours and miles not
previously reimbursed during which Laidlaw 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
P.O. Box 1805
Greeley, Colorado 80632
Laidlaw Transit, Inc.
1002 South Colorado
P.O. Box 1671
Montrose, Colorado 81402
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
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 anv
party hereto, it 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 o f 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 of the proceeds thereof.
15. To Whom Services are to be Provided
FENWC and Laidlaw 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 Preformance
Laidlaw 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.
11. No Third Party Beneficiary Enforcement,
No portion of this Agreement shall be deemed to constitute a waiver of any immunities
the parties of 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 7`''
day of June, 2000.
WELD COUNTY BOARD OF LAIDLAW TRANSIT, INC.
COUNTY COMMISSIONERS
/ Barbara J. Kirkmeyer, Chair � arvin Shipley
(06/19/2000) •/La
ATTEST: Aldril
n
WELD COUNTY CLE ' ' T OA, r
Deputy Clerk to the Board',
/ 1) OUNTY DIVISION OF HUMAN SERVICES
er J. Speckman, Executive Director
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