HomeMy WebLinkAbout960820 RESOLUTION
RE: APPROVE TWO PURCHASE OF SERVICES AGREEMENTS BETWEEN FENWC'S
MIGRANT HEAD START PROGRAM AND LAIDLAW TRANSIT, INC., AND FAMILIES
IN NEED OF DIRECTION AND AUTHORIZE CHAIR 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 two Purchase of Services Agreements
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 FENWC's (Family Educational
Network of Weld County) Migrant Head Start Program, and Laidlaw Transit, Inc., and Families in
Need of Direction, commencing June 10, 1996, and ending September 13, 1996, with further terms
and conditions being as stated in said agreements, and
WHEREAS, after review, the Board deems it advisable to approve said agreements, copies
of which are 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 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 FENWC's (Family Educational Network of Weld County) Migrant Head Start
Program, and Laidlaw Transit, Inc., and Families in Need of Direction be, and hereby are,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of May, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
�U��qJ �/�/ Mteeet‘,,
WELD C/OUNTY, COLD AFl 41L �� f �
f�� - a s J. Kirkmeyerr .Chair
��no , ti):L, cgiv ty Clerk to the Board / /
, eorg,ecE. Baxter, Pro-Tem
�Vu putt' Cle to the Board FXCI ISM fATF OF SIf;NINf (AYF)
Dale K. Hall
APP D AS TO F M: (47.2/6-7 .e� a1 ///a.i.lzii
Constance L. Harbert
t6-A me P7\0'/?°,/ .2 ,t1 i�i< 'I
W. H. Webster •
960820
g 2 115J La/d42sz--5 /7,VD HR0067
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this )3 day of 1996, by and
between the County of Weld, State of Colorado, by and through the Bo d 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 Families in Need of Direction, Roberta Sullivan, hereinafter referred to as
"F.I.N.D."
WHEREAS, FENWC is required to provide therapeutic services for Head Start eligible
children, in accordance with 45-CFR-1304, Head Start Performance Standards, and
WHEREAS, FENWC wishes to provide consultation services to parents of Migrant
Head Start eligible children and families, and
WHEREAS,F.I.N.D. has the staff and facilities to provide such services, and
WHEREAS, THE PARTIES wish to establish an on-going policy for the provision of
services.
NOW, THEREFORE, in accordance with the mutual benefits, responsibilities, and
considerations set forth herein, the parties hereto covenant and agree as follows:
1. Engagement of F.I.N.D. FENWC hereby retain F.I.N.D. and F.I.N.D. hereby accepts
engagement by FENWC upon the terms and conditions hereinafter set forth.
2. Term. Subject to provisions contained herein, the term of the Agreement shall
commence on June 20, 1996, through September 13, 1996, excluding July 10-24, 1996.
This Agreement shall be subject to review and renewal by the parties annually.
3. Nature of Agreement. During the term of the Agreement F.I.N.D. agrees to make its
services available to FENWC. The maximum number of hours of service per week will
be ten (10) hours per week as mutually agreed to by FENWC and F.I.N.D.
4. Scope of Work. F.I.N.D. will provide the following mental health services to FENWC
Head Start eligible families and children, and staff:
Assist in planning and administering bilingual mental health program activities
and services.
Observe children and consult with teacher and other staff.
Advise and assist in developmental screening and assessment.
Assist in providing special help for children with atypical behavior or
development.
Advise in the utilization of other community resources and referrals.
960820
• Orient parents and work with them to achieve the objectives of the mental health
program. Provide group and individual therapy, as well as parenting classes.
• Take appropriate steps in conjunction with health and education services to refer
children for diagnostic examination to confirm that their emotional or behavioral
problems do not have a physical basis.
The scope of such services shall be guided by FENWC. Mental Health services shall be
provided to those children and families referred by FENWC. F.I.N.D. shall provide
FENWC with written reports summarizing said services which shall fulfill the legal
requirements of the parties hereto. Such reports shall be maintained by FENWC.
5. Scheduling of Engagements. F.I.N.D. shall schedule services so as to be rendered
during hours meeting the needs of FENWC and its clients. F.I.N.D. shall provide
individual schools within FENWC with forty-eight(48) hours prior notice of all
scheduled services. All engagements shall be scheduled at mutually agreeable times and
dates.
6. Equipment and Supplies. FENWC shall provide F.I.N.D. with all facilities, equipment,
supplies, and the like, as are reasonably necessary in order for F.I.N.D. to perform its
obligations under the Agreement. Notwithstanding the foregoing, F.I.N.D. shall supply
small portable equipment as is usual for such services.
7. Nature of Relationship. The relationship between FENWC and F.I.N.D. is strictly that
of independent entities and is not an agency or employment relationship. No party is an
employee, agent or representative of any other party by virtue of this Agreement nor shall
any such party have any expressed or implied right or authority to assume or create any
obligation or responsibility on behalf of or in the name of any other party by virtue of this
Agreement. Contractor also acknowledges that it will not be entitled to participate, by
reason to this Agreement, in any employee benefits provided by FENWC. FENWC is
contracted to receive services only and is interested in the results of F.I.N.D.'s efforts.
F.I.N.D. shall be solely and entirely responsible for its own acts and omissions during the
performance of this Agreement.
8. Mental Health Representatives. In connection with the mental health services provided
hereunder, FENWC will interact administratively with such individual as F.I.N.D. may
designate. The F.I.N.D. Program Director shall assign a therapist who is registered with
the Colorado Department of Regulatory Agencies, or is clinically supervised by an
individual who is so registered, to provide services pursuant to this Agreement. By
registration, it is understood that the mental health therapist or his/her supervisor shall be
a graduate of an accredited mental health curriculum and in good standing with his/her
accrediting organization.
960820
9. Billing Information. Immediately following the provision of services, F.I.N.D. shall
provide to FENWC on a form that is acceptable to both parties, specific billing and
utilization information for the services rendered. F.I.N.D. shall make available to
FENWC all financial records relating to F.I.N.D.'s services at the request of FENWC.
F.I.N.D. shall submit to FENWC, an aggregate statement listing all charges 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 F.I.N.D.
10. Fees. F.I.N.D. shall charge FENWC for services performed on an hourly basis,
calculated at the rate of$50.00 per hour, and $.25 per mile not to exceed $6,000.00.
Supplies, if necessary and authorized by FENWC, shall be payable at F.I.N.D.'s usual
and customary charge. Preparation of other consulting services is included in the
aforementioned fee schedule. Under no circumstances may the fee schedule be modified
without the express prior written authorization of the parties hereto. In addition, F.I.N.D.
shall submit to FENWC the number of hours of interpreter usage on a monthly basis to be
reimbursed at a rate of$15.00 per hour, not to exceed 10 hours per week.
Reimbursement will be made by FENWC within thirty (30) days of receipt of the bill.
Payment will be sent directly to the interpreter.
11. Compensation. In consideration of the rehabilitation services provided by F.I.N.D.,
FENWC shall pay F.I.N.D. within thirty (30) days from receipt of F.I.N.D.'s aggregate
monthly statement.
12. Confidentiality. F.I.N.D. and FENWC agree not to disclose any personal or privileged
information to third parties without first obtaining the written consent of responsible
party thereof, unless otherwise permitted or required under applicable law.
13 Indemnification. F.I.N.D. shall indemnify, defend and hold harmless FENWC from any
claims, losses, damages, liabilities, costs, expenses or obligations, including but not
limited to attorneys' fees, court costs and punitive or similar damages, arising out of or
resulting from any act or omission by F.I.N.D. or any of its employees, agents or
representatives in the furnishing of mental health services or supplies, or arising out of or
resulting from the negligent, fraudulent, dishonest or other acts or omissions of F.I.N.D.
or its employees, agents or representatives in its performance under the terms of this
Agreement.
Likewise, FENWC,the Weld County Board of County Commissioners, its officers shall
indemnify, defend and hold harmless F.I.N.D. from any claims, losses, damages,
liabilities, costs, expenses or obligations, including but not limited to attorneys' fees,
court costs and punitive or similar damages, arising out of or resulting from any act or
omission by FENWC or any of its employees, agents of representatives in the furnishing
of comprehensive educational services of supplies, or arising out of or resulting from the
negligent, fraudulent, dishonest or other acts or omissions of FENWC or its employees,
agents or representatives in its performance under the terms of the Agreement.
960820
14. Representations. F.I.N.D. neither represents nor warrants that the services provided
hereunder shall assure FENWC of accreditation or licensure by the Colorado Department
of Social Services, Colorado Department of Education, by any other accrediting body, or
by any licensing agency.
15. Employment Covenant. It is agreed and understood by both parties that neither F.I.N.D.
nor FENWC shall hire or attempt to hire the other party's employees during the term of
this Agreement or for a period of twelve (12) months thereafter, without mutual consent.
16. Liability Insurance. F.I.N.D. will carry at its own expense professional liability
insurance coverage in the amounts equal to at least $1,000.000 annual in aggregate.
17. Termination. Either F.I.N.D. or FENWC may terminate the independent contractor
relationship established by this Agreement with or without cause, by giving thirty (30)
days written notice to the other party.
18. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery of failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond his reasonable control,
including but not limited to Acts of God, fire, strikes, war, flood, earthquakes or
Governmental action.
19. Entire Agreement. Amendment. Waiver. This Agreement merges all previous
negotiations between the parties hereto and constitutes the entire Agreement and
understanding between the parties with respect to the subject matter of this Agreement.
No alteration, modification or change of this Agreement shall be valid except by any
agreement in writing executed by the parties hereto.
20. Notices. Any notice required to be given under this Agreement shall be in writing and
shall be sent by certified mail, return receipt requested, postage pre-paid, to F.I.N.D. at:
Roberta Sullivan
Families In Need of Direction
228 Meeker Street
Delta, Colorado 81416
and to FENWC at:
Walter J. Speckman, Executive Director
Weld County Division of Human Services
Family Educational Network of Weld County
P.O. Box 1805
Greeley, Colorado 80632
9608,^0
21 Assignment. This Agreement is not assignable by FENWC without the express written
consent of F.I. N.D.
22. Severability. If any provision of this Agreement or the application thereof to any person
or circumstance shall be invalid or unenforceable to any extent, it is the intention of the
parties that the remainder of this Agreement and the application of such provision to other
persons or circumstances shall not be affected thereby and shall be enforced to the
greatest extent permitted by law.
23. Captions. The captions contained in this Agreement are for convenience or reference for
the parties and are not intended in any manner whatsoever to construe, define or limit the
scope or intent of this Agreement or any provisions hereof.
24. Counterparts. This Agreement may be executed in one or more counterparts, each of
which when so executed shall be an original, but all of which together on agreement.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be duly
executed as of the day and year first hereinabove set forth.
WELD COUNTY BOARD OF COMMISSIONERS FAMILIES IN NEED OF DIRECTION
/,fly �J f_//o _y/� f'LCG At-AiI/F2S711t
Barbara J. Kirkneyer, Chair( 051/43/7(0 Roberta Sullivan, MS, LPC
E T: kat
'es' UNTY CLERK TO THE BOARD WELD COUNTY DIVISION OF
L HUMAN SERVICES
Deputy Cler f. the Board —W i er J. Speck man, Executive Director
ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
960820
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into thiday of April, 1996, 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
the Laidlaw Transit, Inc., hereinafter referred to as "Laidlaw."
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 desire to provide bus 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 and 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 ("Migrant Head Start children") who live on the bus routes within the
determined boundaries for the Clifton Center, 3276 F Road, Grand Junction, Colorado, and
the Olathe Center, 222 Hap Court, Olathe, Colorado.
2. Term of the Agreement
This Agreement shall be effective from June 10, 1996 through September 13, 1996.
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$1.16 per mile and $10.55 per hour of travel time,
portal to portal, pursuant to the terms of this Agreement.
Billing for 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.
960320
4. Transportation Services
A. Compliance with Rules and Regulations
Laidlaw agrees to comply with Colorado Department of Social Service 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, 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 for the Migrant Head Start children
who live on the bus routes within the determined boundaries for the Clifton
Center, Grand Junction, Colorado, and the Olathe Center, Olathe, Colorado.
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 all
vehicles.
4) Laidlaw will adequately train, license, and insure all vehicle drivers.
5) Laidlaw shall be responsible for all maintenance and repairs necessary to its
vehicles.
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. Changes will become effective for
transportation services within 48 hours of the notice.
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 one party shall be or shall be deemed to be an employee,
agent, or servant of another party to this Agreement.
960820
7. Limitations - Liabilities -Indemnification
Each party shall not be responsible or liable for acts, omissions, or failure to act by the
other party. Accordingly, FENWC agrees to indemnify and hold Laidlaw harmless from
any and all liability incurred by acts, omissions, or failure to act by FENWC and, likewise,
Laidlaw agrees to indemnify and hold FENWC harmless from any and all liability incurred
by acts, omissions, or failures to act by Laidlaw, pursuant to the terms of this Agreement.
Because FENWC is a department of the Weld County Government, Laidlaw acknowledges
that its agreement to indemnify and hold harmless FENWC extends to Weld County, its
employees, agents, subcontractors, and assignees, as it relates to this Agreement only. 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
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 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 the Agreement is so terminated, FENWC shall pay that compensation
to Laidlaw which duly reflects the actual number of hours not previously reimbursed
during which Laidlaw documents Laidlaw provided services pursuant to this Agreement.
This Agreement will be immediately terminated, in any case, if Migrant Head Start
Program funding is terminated or is no longer available.
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 notification to the parties is required.
Weld County Division of Human Services'
Family Educational Network of Weld County's
Migrant Head Start Program
P.O. Box 1805
Greeley, Colorado 80632
960820
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 Agreement shall be
deemed waived or excused, unless such waiver or 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.
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 the capable of execution within the original intent of the
parties.
13. Fundin¢
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 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 handicap, be excluded from participation in, be denied the benefits of, or be
subject to discrimination under any provision of this Agreement.
960820
16. Evaluation of Performance
Laidlaw understands that monitoring and evaluating 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 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 have hereunto set their hand and seals this �3—
day of April, 1996.
WELD COUNTY BOARD OF COMMISSIONERS LAIDLAW TRANSIT, INC.
/ //i , C
Barbara J. Kirkmeyer, Chairperson 05/13/96
El Lu WG7
p
isSe t'tell l ZIUNTY CLERK TO THE BOARD
SOScreLticalk-
By: Deputy C Irk to the Board ATTESTING TO BOARD OF COUNTY
COMMISSIONER SIGNATURES ONLY
WELD COUNTY-DIVISION OF HUMAN SERVICES
AVar J. Speckman, Executive Director
9609,20
Asterit\t mEmORAnDUm
wiiiBarbara S. untymComm, Chair
ro Board of County Commissioners Dace May 1, 1996
COLORADO From Walter J. Speckman, Executive Director, Human Services Wait
Subject: Contracts between the Family Educational Network of Weld. County
and Laidlaw Transit, Inc. , and Families in Need of Direction
Enclosed for Board approval are the contracts for services between the Family Educational Network
of Weld County's Migrant Head Start Program and two(2) services providers, Laidlaw Transit, Inc.,
and Families in Need of Direction.
Laidlaw Transit, Inc., is being contracted to provide transportation services for the Migrant Head
Start Program in Mesa, Delta, and Montrose counties from June 10, 1996 through September 13,
1996. Families in Need of Direction is being contracted to provide mental health services for the
same.
If you have any questions, please feel free to telephone me at 353-3800.
960820
Hello