HomeMy WebLinkAbout951115.tiffRESOLUTION
RE: APPROVE PURCHASE OF SERVICES AGREEMENT BETWEEN HUMAN SERVICES'
FENWC AND MAYFLOWER CONTRACT SERVICES, 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 Human Services' FENWC, and Mayflower Contract
Services, Inc., commencing June 12, 1995, and ending August 18, 1995, 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
Human Services' FENWC, and Mayflower Contract Services, 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 5th day of June, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COkORADO
Weld County. Clerk to the Board
BY: �-/i4€ ��-ei-
eputy dent .ttte'Board T---
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AP
Dal
!%ZCJ/2,
arbara J. Kirkmeyer,
George Baxter
Constance L. Harbert
W. H. Webster
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951115
HR0065
PURCHASE OF SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this .2
and between the County of Weld, State of Colorado,
County Commissioners of Weld County, on behalf of
Human Services' Family Educational Network of Weld
Program, hereinafter referred to as "FENWC", and the
Inc., hereinafter referred to as "Mayflower."
WITNESSETH
a day of Mat/ , 1995, by
by and through the Board of
the Weld County Division of
County's Migrant Head Start
Mayflower Contract Services,
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, Mayflower 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
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 Clifton Center, 3276 F Rd, Grand Junction
Colorado, and the Olathe Center, 211 N. Roberts, Olathe, Colorado.
2. Term of the Agreement
This Agreement shall be effective from June 12, 1995 through August
18, 1995.
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 $.93
per mile and $10.30 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.
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951115
4. 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,
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 vehicle provided by Mayflower.
B. Transportation Services to be Provided
Mayflower shall perform the following transportation 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 boundaries for the Clifton Center,
Grand Junction, Colorado, and the Olathe Center, Olathe,
Colorado.
2) Mayflower shall utilize its seatbelts and the carseats
provided by FENWC for Migrant Head Start children riding
in their vehicles.
3) Mayflower agrees to provide adequate maintenance and
insurance on all vehicles.
4) Mayflower will adequately train, license, and insure all
vehicle drivers.
5) Mayflower shall be responsible for all maintenance 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 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.
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951115
6. 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 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
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.
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 the 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 Program 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.
Page 3 of 5
951115
FENWC:
Weld County Division of Human Services'
Family Educational Network of Weld County's
Migrant Head Start Program
P.O. Box 1805
Greeley, CO 80632
MAYFLOWER:
Mayflower Contract Services
320 N. 24 Ct.
Grand Junction, CO 81643
10. 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.
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 the 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 appropriated 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 of the proceeds thereof.
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951115
14. To Whom Services Are to be Provided
FENWC and Mayflower 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.
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 Services 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
of any immunities
possess, nor shall
created a duty of
this Agreement.
Agreement shall be deemed to constitute a waiver
the parties of their officers or employees may
any portion of this Agreement be deemed to have
care with respect to any person not a party to
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
5 - day of , 1995.
WELD COUNTY BOARD OF COMMISSIONERS
Dale
Hall, Chair
ATTEST.
WELD COUN
erson L/05/95
THE BOARD
By: Deputy C erk to the Boa
MAYFLOWER CONTRACT SERVICES, INC.
WELD COUNTY DIVISION OF HUMAN SERVICES
alter J. Speckman
Executive Director
L//'
Page 5 of 5
951115
Atiti,„‘t
WIiDc
COLORADO
mEmORAnDUm
Board of County Commissioners
Dale K. Hall, Chairperson June 2, 1995
To Date
From
Subject
Walter J. Speckman, Executive Director, Human Services
Contracts between FENWC and School District RE -1J,
Mayflower Transportation and F.I N D
Enclosed for Board approval are the contracts for services between the Family
Educational Network of Weld County's Migrant Head Start Program and 1) Montrose
County School District RE -1J, 2) Mayflower Contract Services, Inc. Transportation
Services, and 3) Families in Need of Direction Mental Health Services.
The agreements are to provide FENWC with classroom and playground facilities,
meals, transportation and mental health services for migrant children enrolled
in the Summer Migrant Head Start Programs at Olathe Elementary School in Olathe,
Colorado, and transportation and mental health services at Clifton Elementary
School in Grand Junction, Colorado.
The term of these contacts will be from June 12, 1995 through August 18, 1995.
If you have any questions, please call Janet Luna-Flaugher at 353-3800 ext. 3340.
951116
95111
X951109
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