HomeMy WebLinkAbout940590.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN RESOURCES' FENWC
MIGRANT HEAD START PROGRAM AND MAYFLOWER CONTRACT SERVICE, INC. AND
AUTHORIZE CHAIRMAN TO SIGN
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
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
Resources' Family Educational Network of Weld County's Migrant Head Start Program
and Mayflower Contract Service, Inc. , commencing June 20, 1994, and ending
August 12, 1994, 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 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 Resources' Family
Educational Network of Weld County's Migrant Head Start Program and Mayflower
Contract Service, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 20th day of June, A.D. , 1994.
lifie
BOARD OF COUNTY COMMISSIONERS
ATTEST: �� WELD COUNTY, CO ORADO
Weld County Clerk to the Board „/".0_ -4 /(2-2d
54112( 4, // 1n . , nebsto , C irman
BY: / }'} �-t-O4/ZJDeputy Crk to the Board Da e eK Hall, Pro- em
APPROVED AS TO FORM: x ��/�
/ George e
g Baxter
Cou y At to ney n tance L. Harbert
Barbara J. Kirkme er
/ / Coe6 ; F1�'l /'-�`�I 4- J�t'� 940590
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of
1994, 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 Resources' Family Educational Network of Weld county's Migrant
Head Start Program, hereinafter referred to as "FENWC," and Mayflower Contract
Services, Inc. hereinafter referred to as "Mayflower."
WITNESSETH
WHEREAS, FENWC has been designated 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 Title V 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, Mayflower desires to provide bus 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
Mayflower agrees to provide bus transportation for the children
participating in the Migrant Head Start program ("Migrant Head Start
children") who live on the bus routes within the determined
boundaries for the Thunder Mountain Center, 3036 F 1/4 Road, Grand
Junction, Colorado, and the Housing Authority Center, 418 Hershum,
Olathe, Colorado.
2. Term of Agreement
This Agreement shall be effective from June 20, 1994 through August
12, 1994.
3. Compensation
In consideration of the services to be provided by Mayflower as set
forth hereinafter, FENWC agrees to pay Mayflower at the rate of $.90
per mile and $10 per hour of travel time, portal to portal, pursuant
to the terms of this Agreement.
Billing for services shall be made monthly. Mayflower 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 Mayflower.
3. Transportation Services
A. Compliance With Rules and Regulations
Mayflower agrees to comply with Colorado Department of Social
Service Minimum Rules and Regulations for Child Care Centers,
Page 1 of 5 Pages
940590
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.
Mayflower shall provide equipment, qualified drivers who meet
or exceed state and local licensing requirements for the
operation of the vehicles provided by Mayflower.
B. Transportation Services to be Provided
Mayflower shall perform the following transporta-tion
services, including, but not limited to:
1) Mayflower shall provide bus transportation for the
Migrant Head Start children who live on the bus routes
within the determined bound-aries for the Thunder
Mountain Center, Grand Junction, Colorado, and the
Housing Authority Center, Olathe, Colorado.
2) Mayflower shall provide child restraints for Migrant
Head Start children riding in their vehicles.
3) Mayflower agrees to provide adequate main-tenance and
insurance on all vehicles.
4) Mayflower will adequately train, license, and insure all
vehicle drivers.
5) Mayflower shall be responsible for all main-tenance and
repairs necessary to its vehicles.
4. FENWC Responsibilities
A. FENWC shall provide car seats for Mayflower's use for infants
and toddlers being transported in Mayflower 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 Mayflower of changes in addresses for
any of the children or of newly enrolled children on a daily
basis. Changes will become effective for transportation
services within 48 hours of the notice.
5. Parties' Relationship
The parties to this Agreement intend that the relation-ship between
them contemplated by this Agreement is that of independent entities
working in mutual cooperation. No employee, agent, or servant of
one party shall be or shall be deemed to be an employee, agent, or
servant of another party to this Agreement.
6. Limitations - Liabilities - Indemnification
Each party shall not be responsible or liable for acts, omissions,
or failure to act by the other party. Accord-ingly, FENWC agrees to
indemnify and hold Mayflower harmless from any and all liability
incurred by acts, omissions, or failure to act by FENWC and,
likewise, Mayflower agrees to indemnify and hold FENWC harmless from
any and all liability incurred by acts, omissions, or failures to
act by Mayflower, pursuant to the terms of this Agreement. Because
FENWC is a department of the Weld County government, Mayflower
Page 2 of 5 Pages
940a90
acknowledges that its agreement to indemnify and hold harmless lesnwc
extends to Weld County, its employees, agents, subcontractors, and
assignees. 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 act or
omission by the applicable party who acted or failed to act.
7. Non-Assignment
This Agreement shall not be assignable without prior written consent
of FENWC and Mayflower, whichever is the non-assigning party.
8. Termination
Either party may terminate this Agreement for cause upon ten (10)
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 this Agreement is so terminated, FENWC shall pay that
compensation to Mayflower which duly reflects the actual number of
hours not previously reimbursed during which Mayflower documents
that Mayflower provided services pursuant to this Agreement.
This Agreement will be immediately terminated, in any case, if
Migrant Head Start funding is terminated or is no longer available.
9. 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
notification to the parties is required.
FENWC:
Family Educational Network of Weld County
Migrant Head Start Program
P.O. Box 1805
Greeley, CO 80632
MAYFLOWER: Mayflower Contract Services
32O N. 24 Ct.
Grand Junction, CO 81643
10. Modification and Bleach
This Agreement contains the entire Agreement and under-standing
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 waiver or
Page 3 of 5 Pages
910590
consent shall be in writing and signed by the 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.
11. 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 then capable of execution within the original intent of
the parties.
12. 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 approp-riated during the term of this
Agreement.
13. 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.
14. To Whom Services Are to be Provided .
FENWC and Mayflower assure compliance with Title VI of the Civil
Rights Act of 1964, that no person shall, on the grounds of race,
color, sex, religion, age, national origin, or individual handicap,
be excluded from participation in, be denied the benefits of, or be
subject to discrimination under any provisions of this Agreement.
15. Evaluation of Performance
Mayflower understands that monitoring and evaluating the performance
of this Agreement shall be conducted by the Weld County Division of
Human Resources and the results from such evaluation of performance
will be provided to the Weld County Board of Commissioners.
16. No Third Party Beneficiary Enforcement
No portion of this Agreement shall be deemed to consti-tute 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 4 of 5 Pages
940590
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals on
the date first set above.
WELD COUNTY DIVISION OF HUMAN MAYFLOWER CONTRACT SERVICES, INC.
RESOURCES ,
r Speckman Kirk Wilkie
utive Director
Division Vice President
Date
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, LO O
W. H. Webster, Cha rman 94
06/20/94
Date �i/�
ATTEST: ,,,,f,/ ,O1 .��!�
Weld CC�'ountyrr Clerk to
the
Board
BY: ( � ati t Deputy Cler t he Boa
•
afenwc.gjb
Page 5 of 5 Pages
910550
`' MEMORAnDUM
WIlDW. H. Webster, Chairma
To Board d of County Commissione
rs Date June 17, 1994 '' ffff
COLORADO From Walter J. Speckman, Executive Director, Human Resources
Subject. etpt-
Purchase of Service Agreement between the Weld County VVVDivision of
Human Resources' Migrant Head Start Program and Mayflower Contract
Services, inc.
Enclosed for Board approval is a Purchase of Service Agreement between the Weld
County Division of Human Resources' Family Educational Network of Weld County's
Migrant Head Start Program and Mayflower Contract Services, Inc.
The Agreement is to provide FENWC with transportation services for migrant
children enrolled in the Summer Migrant Head Start Program at Thunder Mountain
Elementary School in Grand Junction, and the Hershum Building in Olathe,
Colorado.
The term of this Agreement will be from June 14, 1994 through August 12, 1994.
If you have any questions, please call Janet Luna-Flaugher at 353-3800, extension
3340.
940590
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