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HomeMy WebLinkAbout20090381.tiffRESOLUTION RE: APPROVE OPTION LETTER #2 FOR INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NON -URBANIZED AREAS 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 Option Letter #2 for the Intergovernmental Agreement for Provision of Public Transportation Services in Non -Urbanized Areas 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 the Colorado Department of Transportation, commencing January 1, 2009, and ending December 31, 2009, with further terms and conditions being as stated in said Option Letter, and WHEREAS, after review, the Board deems it advisable to approve said Option Letter, 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 Option Letter #2 for the Intergovernmental Agreement for Provision of Public Transportation Services in Non -Urbanized Areas 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 the Colorado Department of Transportation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Option Letter. e(� h4s 4cctC3c) (32-0-i4-5) 2009-0381 H``R0080 03(03(09 OPTION LETTER #2 FOR INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NON -URBANIZED AREAS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D., 2009, nunc pro tuns January 1, 2009. ATTEST: Weld County Clerk to the B BY: AP orney ate of signature. r 3' 0ec1 OARD OF COUNTY COMMISSIONERS ELD ;'U �!' OLORADO ougla ademac er, Pro-Tem Sea p P. Conway ra Kirkmeyer Sc David E. Long 2009-0381 HR0080 PO#:291000392 CLIN#:08-HTD-00110 Exhibit D OPTION LETTER Date: January 15, 2009 Vendor name: Weld County -5311 A. SUBJECT: State Fiscal Year: 2009 Option Letter No. 2 Option to Update Funding: In accordance with the terms of the original contract 08-HTD-00110 between the State of Colorado, Department of Transportation and Weld County the State hereby exercises the option to update funding based on changes from state, federal, local match and/or local agency overmatch funds covering the term of February 22, 2008 -December 31, 2009. The maximum amount payable by the State for Federal Transit Administration (FTA) 5311 contract as shown in Exhibit A is increased by $251,500-(2009 Award) to a new total of $488,690 based on the project schedules in Exhibit A (2008 Award) and A.1 (2009 Award) - which is attached and incorporated hereto. The first sentence in Paragraph 1 of the contract is hereby modified accordingly. The total contract value to include all previous amendments, option letters, etc. is $488,690. 2009 Award -A.1 Item G/L Account# Company Code CO Area WBS Element Award Type Fund Fund Center Amount 30 4518000010 1000 1000 CO-18-5028.WELD Admin. 400 D9715-415 57,500 40 4518000010 1000 1000 CO-18-4028.WELD Operat. 400 D9715-415 194,000 The effective date of this Option Letter is upon approval of the State Controller or delegate. APPROVALS: ContractgrNam� e d County Board // J Commissioners By: (; I - Name William F. Garcia Title Chair State Colorado: Bill et Jr(Go B (a-AA.lo+— Date: 1-0-01 For the Executive Director Colorado Department of Transportation FEB 09 2009 ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. State Controller David J. McDermott, CPA By: f l,(, / (. Date: `Y/71(el Effective: April 1, 2008 a()09- 038 ( PO#:291000392 CLIN#:08-HTD-00110 EXHIBIT A.1-5311 SCOPE OF WORK AND CONDITIONS WELD COUNTY A. Standards of Performance 1. The Grantee will provide a minimum of 13,000 one-way passenger trips per year, at a maximum operating and administrative cost of $43.55 per one-way trip, a maximum cost of $3.50 per mile and a maximum cost of $49.79 per vehicle hour. Standards of performance will be measured, reported and averaged at least quarterly. Measurement of these standards will commence with the presentation of the Grantee's first monthly report and request for reimbursement. 2. Performance will be reviewed quarterly. The State will begin its review no later than 30 calendar days after each performance quarter. If the State's review determines the Grantee's performance does not meet the standards of performance set forth above in paragraph A.1., the following steps will be taken: a. The State will notify the Grantee in writing that performance does not meet the requirements of this Agreement. b. Thirty (30) calendar days after date of such notification, the Grantee will submit to the State a written explanation of the cause(s) of the substandard performance, which shall include a written plan for improving performance. c. The State will review the plan for improvement and notify the Grantee of its approval within 21 days. d. If the plan is approved by the Department, the Grantee will implement the plan immediately upon receipt of the State's notification. If the plan is not approved by the Department remedial measures will be determined on a case by case basis. Such remedial measures may include termination of this Agreement and return of the grant funds or capital equipment purchased with such funds, in accordance with the terms of Section 8. B. Project Budget 1. The net Project cost is estimated to be and shall be shared as follows: Administrative Costs Operating Costs WBS Element (CO-18-5028.WELD) WBS Element (CO-18-4028.WELD) Federal Share Local Share TOTAL (80%) $46,000 (20%) $11,500 $57,500 (50%) $ 97,000 (50%) $ 97,000 $194,000 2. The Project Cost shall not exceed the maximum allowable cost of $251,500. The State will pay no more than 80% of the eligible, actual administrative costs up to the maximum federal amount of $46,000 and no more than 50% of the eligible, actual operating costs up to the maximum federal amount of $97,000. The Grantee shall be solely responsible for all costs incurred in the Project in excess of the amount paid by the State from federal funds for the federal share of eligible, actual costs. In the event the final, actual Project cost is less than the maximum allowable cost of $251,500 the State is not obligated to provide any more than 80% of the eligible, actual administrative nor any more than 50% of the eligible, actual operating costs and shall retain the remaining balance of the federal share. 3. Up to one half of the Grantee's share for administrative and operating expenses may be provided from unrestricted federal funds. At least one half must be from sources other than federal funds. The Grantee's Share, together with the Federal share, shall be in an amount sufficient to assure payment of the net Project cost. The State shall have no obligation to provide State funds for use on this Project. The State will administer federal funds for this Project under the terms of this Agreement, provided that 2 of 7 PO#:291000392 CLIN#:08-HTD-00110 the federal share of FTA funds to be administered by the State are made available and remain available. In no event shall the State have any obligation to provide State funds or provide federal FTA funds for the Grantee's share of the Project. The Grantee shall initiate and prosecute to completion all actions necessary to enable the Grantee to provide its share of the Project costs at or prior to the time that such funds are needed to meet Project costs. 4. No refund or reduction of the amount of the Grantee's Share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 5. Federal funds shall not reimburse the Grantee for expenses not incurred in cash (e.g., donated or in -kind goods and services), though such expenses may be used as the Grantee's share. No more than 20 percent of Project administrative expenses and no more than 50 percent of Project operating expenses may be attributed to non -cash, donated, or in -kind expenses. C. Reimbursement eligibility Requests for reimbursement for project costs will be paid to the Grantee upon presentation of invoice(s) to the State for eligible costs incurred through December 31, 2009 and within the limits of Section 2 of this Agreement. The Grantee may request reimbursements no more than monthly, and will be reimbursed based on the ratio of Federal Share and Local Share set forth in Project Budget above. However, if the Grantee is designated by the State as a "High Risk Grantee," as set forth in its State Management Plan, the State reserves the right to limit its reimbursement to the Grantee in any given month to 10% of the total grant award in order to ensure that Project services could be provided throughout the year in the event the Grantee encounters financial instability. The final invoice shall be submitted no later than sixty (60) days after the above date. D. Contract Expiration The Agreement shall expire when the capital equipment no longer has a federal interest, as determined by the State. If no capital equipment is obtained, the contract shall expire upon final reimbursement by the State, within the limits of Section C. above. E. Project Description The Grantee shall perform all Project activities described in Section D, 4.1 and 4.2, in the application submitted to the State on June 22, 2007 and as specifically described below. The application is incorporated herein by reference to the extent consistent with this Agreement. Grant Recipient (Grantee) The "Weld County Minibus" provides demand response service to rural Weld County residents, connecting outlying communities to Greeley as well as key medical facilities in the Denver/Boulder and Larimer county areas. The Weld County Minibus primarily serves residents of rural Weld County, but provides limited services to residents of the Greeley -Evans urbanized area who do not have access to other transit services and whose trips are eligible for funding under a specific human service program. Weld County government recognizes the need to more fully coordinate transit services not only with Greeley - Evans Transit, but all transit operators in our region. In order to be successful regional cooperation in the delivery of service is imperative. As such, passengers may transfer to another service rather than using the Weld County Minibus for their entire trip. Making possible connections to other systems is a priority for our 3 of 7 PO#:291000392 CLIN#:08-HTD-00110 service delivery. We also carry passengers from both urban and rural areas together on a single vehicle in order to provide for effective use of our resources. Note that vehicle travel times are scheduled to enable passengers to access medical services, courts, county programs, shopping, and similar activities. Generally we do not have the resources to provide daily trips around employment schedules, with daily service in only a few corridors. The schedules may work for some jobs or classes, but based on resources our priority is meeting travel needs occurring generally between 9 AM and 4 PM. The following narrative description and Table 1 identifies services funded through our public transit program. All trips will carry passengers both to and from our base in Greeley. The times are approximate and actual departure and arrival times will vary and depend on when trips are scheduled by passengers. If no passengers schedule to ride on a particular trip, it will not be operated. Three categories are described: services to Greeley, services to other counties, and unscheduled services. SERVICES TO GREELEY South Weld County - Greeley Four trips are planned each day, as follows: Early Morning Trip: Departs Greeley around 6:45 AM and travels to south County communities. Picks up passengers in Milliken, the Tri-Town area, Dacono, or Ft. Lupton around 7:00 AM, returning to Greeley by 9:00 AM Late Morning Trip: Departs Greeley around 10:00 AM, traveling to south County communities and returning to Greeley by noon. Early Afternoon Trip: Departs Greeley around 1:00 PM, traveling to south County communities and returning to Greeley around 3:00 PM Late Afternoon Trip: Departs Greeley around 3:30 PM Table 1: Public Transi Service Plan Scheduled Service to Greeley South Weld County Access Serves Tri-town, South Hwy 85, and Ft Lupton as needed Round Days Trips Service Span Mon -Fri 4 North Hwy 85 Access Serving Ault and Eaton Tue — Thur 2 Serving Nunn, Pierce, Ault, and Eaton Mon -Wed - Fri 2 6:45 AM - Noon 1:00-5:00 PM 10:00 - 11:00 3:30 - 4:30 8:30 - 10:30 1:00 - 3:00 Corridor Total Johnstown -Milliken To Greeley Windsor and Severance To Greeley Northeast Communities Once a Month Mon -Fri 2 8:30 - 10:00 1:00 - 2:30 Mon -Fri 2 8:30 - 10:00 1:00 - 2:30 Varies 2 Varies 4 of7 PO#:29 1000392 CLIN#:08-HTD-00110 Southeast Communities Once or twice a month Fort Collins Access Milliken/Johnstown to Loveland Varies 2 Varies Wednesdays 2 Windsor to Ft. Collins Wednesdays 2 Denver/Boulder Access 8:30 - 10:00 1:00 - 2:30 8:30 - 10:00 1:00 - 2:30 Mondays & 2 7:00 - 11:00 sometimes on Noon - 4:00 Tuesdays 1 8:00 - noon Corridor Total 3 Longmont/Boulder Access Greeley to South County and continuing to Longmont/Boulder Tuesdays 1 8:30- 11:30 12:30 - 4:30 Additional Services as Needed Daily Varies Varies North Hwy 85 Corridor Tue. — Thur. Trip: On these days the vehicle serves Ault and Eaton, but travels no further north. The vehicle departs Greeley around 10:00 in the morning for Ault and departs Ault around 10:30 AM. The afternoon trip departs Greeley around 3:30 PM Mon. -Wed. -Fri. Trip: On these days the vehicle will travel to Nunn and Pierce as needed. The vehicle departs Greeley around 8:30 in the morning and returns to Greeley around 10:30 AM. The afternoon trip departs Greeley around1:00 PM. Johnstown Milliken Corridor- Greeley Morning Trip: The vehicle departs Greeley around 8:30 in the morning and departs Johnstown/Milliken area around 9:15 AM, arriving in Greeley by 10:00 AM. Afternoon Trip: The vehicle departs Greeley around 1:00 in the afternoon and returns to Greeley around 2:30 PM. Windsor and Severance - Greeley Morning Trip: The vehicle departs Greeley around 8:30 in the morning and departs the Windsor area around 9:15 AM, arriving in Greeley by 10:00 AM. Afternoon Trip: The vehicle departs Greeley around 1:00 in the afternoon and returns to Greeley around 2:30 PM. Northeast Communities - Greeley Service is provided to residents of the northeast communities approximately 1-2 times a month. This includes Grover, Briggsdale, New Raymer, and Galeton and Gill areas. The vehicle schedule will be based on passenger 5 of 7 PO#:291000392 CLIN#:08-HTD-00110 needs. A full day is allowed and passengers may be dropped off and picked up at several destinations in the Greeley area. Southeast Communities - Greeley Service is provided to residents of the southeast communities approximately twice a month. This includes Kersey, Keenesburg, Hudson, Prospect, and Lochbuie areas. The vehicle schedule will be based on passenger needs. A full day is allowed and passengers may be dropped off and picked up at several destinations in the Greeley area. Because of the proximity of some of these communities to other transit routes, if time allows more frequent service can be provided through flexing of other routes. SERVICES TO OTHER COUNTIES Transportation services to other counties are primarily oriented to providing residents with access to nearby is uled medical used as needed. Generally vehicle these vehicles scheduled ofor regular stay bewith the passengers, but based on travel schedules it may return to pick up or drop off other passengers. The basic schedule includes: Service to Denver: Passengers are transported from Greeley and south county on Mondays. If needed, especially for passengers who require an overnight stay, an additional trip will be made Tuesday morning, to include possible Boulder trips/returns. Service to Longmont: Passengers are transported from Weld County to Longmont and Boulder on Tuesdays. Service to Ft. Collin.: Service operates on Wednesday with an emphasis on serving passengers from Mid County areas with a primary destination of Loveland and Ft. Collins. UNSCHEDULED SERVICES The above scheduled services reflect the basic ridership patterns for the system. An additional two vehicles and 3,120 hours of transportation service is set aside for transportation needs that cannot be met by the scheduled services. The total rural public transportation system requires seven peak vehicles and two spares for a fleet of nine vehicles. Annually, 9,800 hours of service are provided. These services provide for a wide range of trips and are funded by a combination of Federal and local funds. Federal funds include rural transit funds (administered by Colorado Department of Transportation), Medicaid funding for Non -Emergency Medical Transportation (NEMT) and Home and Community -Based Services (HCBS), and Older Americans Act funding. In addition, these services are coordinated with services for residents of the urban area. While Greeley -Evans Transit is the primary provider for urban residents, the Weld County Minibus serves residents of La Salle who are low-income (though Community Services Block Grant funding) and transports residents of the urbanized area whose trips can be funded through Medicaid (NEMT or HCBS) to adult day care centers and to medical facilities outside the Greeley -Evans Transit service area. Services for urbanized area residents are program services, not general public services. They are funded through a combination of Medicaid and Community Services Block Grant programs. Together these services require three peak vehicles and one spare for a total of four vehicles. Section 5311 Project The project will support the current operations of Weld County Minibus as described above. This grant is expected to support Weld County Minibus offering approximately 13,200 annual service hours and 153,375 annual route miles for calendar year 2009 (January 1 — December 31), as proposed in the application. 6 of 7 PO#:291000392 CLIN#:08-HTD-00110 F. Special Conditions of the Project I. The Grantee shall advertise its fixed route and/or rural based service as available to the general public and service will not be explicitly limited by trip purpose or client type. 2. The Grantee will provide comparable transportation services to persons with disabilities according to the Americans with Disabilities Act of 1990. 3. The Grantee will comply with the Federal Transit Administration Drug and Alcohol Regulations. 4. Any costs reimbursed to the Grantee from other grant programs funds may not be listed as a cost to be shared by FTA on a reimbursement request (i.e., no double billing). 5. The Grantee shall maintain and report annually through submission of an annual report all information required by the National Transit Database and any other financial, fleet, service data set forth by the State for the purpose of annual reporting required of the State. 6. If the Grantee is unable to perform the activities described under paragraph E., Project Description of this section or must significantly change its level of service described herein, the Grantee shall notify the State in writing. 7. The Grantee must have State approval if FTA funds are to be used for payment of a lease or third -party contracts. 8. The Grantee shall not purchase, issue a purchase order, or lease capital equipment before the contract with the State has been executed. 9. Meal delivery for homebound individuals must not conflict with providing public transportation service or reduce service to public transportation passengers. G. Safety Data The Grantee shall maintain and submit, as requested, data related to bus safety. This may include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by the State; the number and extent of passenger injuries or claims; and, the number and extent of employee accidents, injuries and incidents. H. Training In an effort to enhance transit safety, the grantee shall make a good faith effort to ensure that appropriate training of agency personnel is occurring and that personnel are update in appropriate certifications. In particular, the grantee shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and elderly and disabled persons. 7 of 7 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Division of Transportation Development 4201 E. Arkansas Avenue Denver, CO 80222 (303) 757-9767 Phone (303) 757-9727 FAX ENT Of TRANSPORTATION March 3, 2009 Ms. Barb Connolly Weld County 915 10`" Street Greeley, CO 80632 Subject: Notice to Proceed Contract # 08-HTD-00110 PO# 291000392 Option Letter 2 for 2009 funds Dear Ms. Connolly, You are hereby notified that Option Letter 2 under Contract # 08-HTD-00110, a contract for 2009 FTA 5311 funding between the Colorado Department of Transportation (CDOT) and Weld County has been executed. Please keep the enclosed contract documents in your records for at least three (3) years. Weld County may now proceed with this contract in accordance with the above referenced agreement. The work will begin as soon as practicable after the date of the contract (February 29, 2009) and be performed in a manner set forth in the Scope of Work attached to the contract document. Sincerely, a Mattew Paswaters Grants Coordinator Colorado Department of Transportation Transit Unit 303-757-9771 Enclosures RESOLUTION RE: APPROVE SCOPE OF WORK AND CONDITIONS FOR PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NON -URBANIZED AREAS 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 by Resolution #2008-0239, dated January 21, 2008, the Board approved an Intergovernmental Agreement for the provision of public transportation services to residents of Weld County between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Transportation, and WHEREAS, the Board has been presented with Exhibit A, Scope of Work and Conditions for Provision of Public Transportation Services in Non -Urbanized Areas 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 Administrative Services, and the Colorado Department of Transportation, Division of Transportation Development, commencing upon full execution, with further terms and conditions being as stated in said Exhibit A, Scope of Work and Conditions, and WHEREAS, after review, the Board deems it advisable to approve said Exhibit A, Scope of Work and Conditions, 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 Exhibit A, Scope of Work and Conditions for Provision of Public Transportation Services in Non -Urbanized Areas 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 Administrative Services, and the Colorado Department of Transportation, Division of Transportation Development be, and hereby is, approved. BE IT FURTHER RESOLVED that Weld County hereby obligates its local funds share of $108,500.00, as required by Exhibit A. 2008-3077 HR0079 RE: SCOPE OF WORK AND CONDITIONS FOR PROVISION OF PUBLIC TRANSPORTATION SERVICES IN NON -URBANIZED AREAS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of November, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a» Weld County Clerk to th my Att9tney APPROVED AS TO FORM: Date of signature. // Z . Jerke, Chair ovSlareac@ki David E. Long Douglas R 2008-3077 HR0079 Hello