HomeMy WebLinkAbout981305.tiff RESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT FOR MIGRANT HEAD START
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 a Purchase of Services Agreement for
Migrant Head Start 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, and
Laidlaw Transit, Inc., commencing June 15, 1998, and ending October 15, 1998, 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 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 and Laidlaw Transit, 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 29th day of July, A.D., 1998, nunc pro tunc June 15, 1998.
BOARD OF COUNTY COMMISSIONERS
WEE COUNTY, COLORADO
ATTEST: I� l.'/�
\ Constance L. Harbe , Chair
Weld County Clerk to e ° /
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�' yen►` W. H. ebster, Pr -Tem
��rte::_. - �►
Deputy Clerk to th\�=�- EXCUSED DATE OF SIGNING (AYE)
e E. Baxt r
A OV A RM:
Dale K. Hall
o inty Atto ey EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
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MEMORANDUM
Wlipe TO: Weld County Board of DATE: my 29, 1998
County Commissioners
COLORADO FROM: Walter J. Speckman, Executive Director
Division of Human Services
SUBJECT: Purchase of Service Agreement between Weld County
and Laidlaw Transit, Inc.
Enclosed for Board approval is the Purchase of Service Agreements between Laidlaw
Transit, Inc. and the Weld County, Division of Human Services', Family Educational
Network of Weld County's Migrant Head Start
Laidlaw agrees to provide transportation to Migrant Head Start eligible children at the
Clifton and Olathe Migrant Head Start Centers. The Migrant Head Start program agrees
to reimburse Laidlaw at a rate of $1 .24 per mile and $11.18 per hour of travel time, portal
to portal.
Laidlaw also agrees to provide and gas for the Parent Involvement Van at $1.18 per
gallon, and maintenance and repairs at a rate of $40.00 per hour, plus parts, plus 10%.
Laidlaw agrees to provide parking in a gated lot for the Parent Involvement Van at no cost
to the Migrant Head Start Program.
For more information please contact Tere Keller-Amaya at extension 3342.
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PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this c M day of June, 1998, 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., hereinafter referred to as "Laidlaw."
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 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("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, Monday through Saturday during the
agreement period.
2. Provision of Maintenance and Fuel for the Parent Involvement Van
Laidlaw agrees to provide parking in the gated lot at no charge to FENWC. Fuel will be
provided for the FENWC Parent Involvement Van at$1.18 per gallon, may vary depending
upon market rate. Maintenance and repairs, will be provided at a rate of$40.00 per hour,
plus parts, plus 10%. A maintenance schedule will be established with the Weld County
Department of Human Services' Department of Transportation.
3. Term of the Agreement
The term of this Agreement shall be from June 15, 1998 through September 10, 1998, for
Grand Junction and June 15, 1998 through October 15, 1998, for Olathe.
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4. Compensation
In consideration of the services to be provided by Laidlaw as set forth hereinafter, FENWC
agrees to pay Laidlaw at the rate of$1.24 per mile and $11.18 per hour of travel time, portal
to portal, pursuant to the terms of this Agreement.
Billing for transportation services shall be made monthly and include invoices for
maintenance on the Parent Involvement Van, and receipts for fuel used. Laidlaw shall
submit a bill for transportation services, maintenance and fuel 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.
5. 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, and field trip 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.
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6. 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.
7. 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 another party of this Agreement.
8. 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 is
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.
9. Non-Assignment
This Agreement shall not be assignable without prior written consent of FENWC and
Laidlaw, whichever is the non-assigning party.
10. 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.
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11. 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
Laidlaw Transit, Inc.
320 North 24 Court
Grand Junction, Colorado 81501
12. 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 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.
13. 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.
14. 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.
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15. 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
16. 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 handicap, be excluded from participation in, be denied the benefits of, or be
subject to discrimination under any provision of this Agreement.
17. Evaluation of Performance
Laidlaw understands that monitoring and evaluation 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.
18. 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, no 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.
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IN WITNESS WHEREOF, the parties hereunto set their hand and seals this29rhday of
July , 1998.
WELD COUNTY BOARD OF COMMISSIONERS LAIDLAW TRANSIT, INC.
gc9-111.. oe-C. iAtZ,Ze a
Constances.Harbert, Chairperson (07/29/98)
ATTEST:
WELD
COUNTY CLERK TO THE BOARD
BY: LtluJ ) n.rQ
Deputy Clerk to the Board
WELD COUNTY DIVISION OF HUMAN SERVICES
Wa eckman, Executive Director
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