HomeMy WebLinkAbout20260518 Resolution
Approve Professional Services Agreement for Local Multimodal Transportation
and Mitigation Options Fund (MMOF) for On-Demand Transit of Aging Adults and
Individuals with Disabilities within Upper Front Range Transportation Planning
Region (UFRTPR) and North Front Range Metropolitan Planning Organization
(NFRMPO) Boundaries, and Authorize Chair to Sign — Via Mobility
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 Professional Services Agreement for
Local Multimodal Transportation and Mitigation Options Fund (MMOF) for On-Demand
Transit of Aging Adults and Individuals with Disabilities within the Upper Front Range
Transportation Planning Region (UFRTPR) and the North Front Range Metropolitan
Planning Organization (NFRMPO) Boundaries 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 Public Works, and Via Mobility, commencing upon full execution of
signatures, and ending December 31 , 2026, 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 Professional Services Agreement for Local Multimodal Transportation
and Mitigation Options Fund (MMOF) for On-Demand Transit of Aging Adults and
Individuals with Disabilities within the Upper Front Range Transportation Planning Region
(UFRTPR) and the North Front Range Metropolitan Planning Organization (NFRMPO)
Boundaries 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 Public Works,
and Via Mobility, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
cc :PwCEPICH ISBIOD) 2026-0518
EG0084
Professional Services Agreement for Local Multimodal Transportation and Mitigation
Options Fund (MMOF) for On-Demand Transit of Aging Adults and Individuals with
Disabilities within Upper Front Range Transportation Planning Region (UFRTPR) and
North Front Range Metropolitan Planning Organization (NFRMPO) Boundaries —
Via Mobility
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 11th day of March, A.D., 2026:
Scott K. James, Chair: Aye
Jason S. Maxey, Pro-Tem: Aye �' ` \ Las
Perry L. Buck: Ayes
Lynette Peppier: Aye
Kevin D. Ross: Aye 461
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2026-0518
EG0084
C ontva&&- IDki 104 3 4-
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: Professional Services Agreement between Weld County and Via Mobility
DEPARTMENT: Public Works DATE: 3/3/2026
PERSON REQUESTING: Evan Pinkham and Curtis Hall
Brief description of the problem/issue:
Weld County must review and approve an updated Professional Services Agreement with Via Mobility to
continue operation of on-demand transit services for older adults and individuals with disabilities through 2026.
The updated agreement reflects revised service expectations, reporting requirements, insurance provisions,
federal compliance obligations, and the financial structure associated with FTA Section 5311 funding.
Commissioner approval is required to authorize the updated terms and ensure uninterrupted provision of
accessible transportation within the defined service areas.
What options exist for the Board?
1. Approve the updated agreement as presented
2. Approve the agreement with requested modifications
3. Deny the updated agreement
Consequences:
We may need to discontinue services if the agreement is not in place.
Impacts:
Service will continue until the end of 2026 with this updated agreement.
Costs (Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
Costs for 2026 for the services are approximately $45,000.00 for Weld County.
Recommendation:
Approve the updated agreement as presented
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey , Y" 1
Lynette Peppier
Kevin D. Ross Ku
2026-0518
PROFESSIONAL SERVICES AGREEMENT BETWEEN WELD COUNTY AND
CONTRACTOR SERVICES FOR SERVICE IN WELD COUNTY
This PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) is made as of
January 30, 2026, by and between the County of Weld, a political subdivision of the State of
Colorado,by and through the Board of County Commissioners of Weld County,whose address is
P.O. Box 758, 1150 0 Street, Greeley, CO ("County"), and Via Mobility, a non-profit, whose
address is 2855 N. 63`d Street, Boulder, CO 80301 ("Contractor"). The County and Contractor
may be referred to herein collectively as"the Parties."
WITNESSETH:
WHEREAS, County desires to retain Contractor as an independent contractor to perform
services as more particularly set forth below, and
WHEREAS,Contractor has the time available to timely perform the services and is
willing to perform the services according to the terms of this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree as follows:
1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby
accepts engagement by County upon the terms and conditions set forth in this Agreement.
2. Term. The term of this Agreement shall be from the day of execution of this Agreement
to and until December 31, 2026, or sooner if funding is expended. This Agreement may
be extended through written consent of the Parties.
3. Services to be Performed. Contractor will operate on-demand transit service for
individuals 60 years of age or older, and/or persons with disability, in the service area,
which is shown on the attached Exhibit "A." Contractor will operate in Johnstown
municipal limits (in both Larimer County and Weld County) and unincorporated Weld
County(in the defined service boundary shown in Exhibit A). Contractor will operate two
buses, 50 hours per week each,of which 40 hours per week will be"In service". In Service
Hours are weekdays 8:00 AM to 4:30 PM. Contractor will provide transportation services
to destinations in the defined service area at no cost for the rider. Contractor will provide
transportation services to persons with disabilities, in accordance with Americans with
Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. shall ensure that it will
comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act,
FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations.
Contractor will provide a statement of written assurance that they will comply with Section
504 and not discriminate on the basis of disability. Contractor shall agree to produce and
maintain documentation that supports compliance with the Americans with Disabilities Act
to County upon request. Contractor shall obtain and maintain, adequate insurance at all
times during the term of this Agreement.
Page 1 of 6
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4. Compensation. County will compensate Contractor at$100.00 per hour for operation of
two paratransit buses, 50 hours per week. County will work with the Contractor to gather
any information needed to comply with required federal reporting by Contractor. County
will adhere to the provisions for allowable and unallowable costs cited in the following
regulations: 2 CFR 200.420 through 200.475; FTA C 5010.1E Chapter VI: Financial
Management; Master Agreement, Section 6 "Non-Federal Share;" and 2 CFR 200.102.
Other applicable requirements for cost allowability not cited previously, shall also be
considered. County will only allow payment to Contractor for eligible expenses that are
incurred within the period of performance of this agreement. The Contractor agrees to
utilize funding received under a Federal Transit Administration Section 5311 grant,
designated for rural service. Typical 5311 funding requires a minimum 50% local match.
The Contractor commits$8,437.50 in FTA 5311 funding per month to the program.
5. Additional Work. No additional work pursuant to this Agreement shall occur unless
approved by the Parties.
6. Independent Contractor. Contractor agrees that Contractor is an independent contractor
and that neither Contractor nor Contractor's agents or employees are, or shall be deemed
to be, agents or employees of the County for any purpose. Contractor shall have no
authorization, express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County,
nor is Contractor entitled to any employee benefits from County as a result of the execution
of this Agreement.
7. Reporting. Contractor will invoice County on a monthly basis for reimbursement.
Contractor will provide County a monthly report with all relevant ridership data. In
addition to any reports required, Contractor shall submit, on a quarterly basis, a written
report specifying progress made for each specified performance measure and standard in
this Agreement.Such progress report shall be in accordance with the procedures developed
and prescribed by the State.Progress reports shall be submitted to the County not later than
twenty Business Days following the end of each calendar quarter. Contractor shall make,
keep, maintain, and allow inspection and monitoring by the State of a complete file of all
records, documents, communications, notes and other written materials, electronic media
files, and communications, pertaining in any manner to the Work or the delivery of
Services (including, but not limited to the operation of programs) or Goods hereunder.
Grantee shall maintain such records for a period of five years following the date of
submission of the final expenditure report.Contractor will provide documentation for any
SLFRF fund reporting requirements.
8. Insurance. Contractor shall maintain insurance and strictly adhere to the following
insurance related requirements as follows:
a. Commercial General Liability Insurance. Contractor shall furnish to County a
certificate of insurance for commercial general liability upon notification of award and
prior to the Event. The commercial general liability insurance policy shall, at a
minimum, include coverage for property damage and bodily injury covering injuries to
Page 2 of 6
Contractor, Contractor's employees, participants, or volunteers arising out of
Contractor's activities. The comprehensive general liability insurance shall be in the
following minimum amounts:
Each Occurrence $1,000,000
General Aggregate $1,000,000
Contractor's comprehensive general liability insurance policy or certificate of
insurance shall be issued to include Weld County, its Officers, Employees and
Volunteers, as an additional named insureds and the policy or certificate of insurance
shall be endorsed to state that coverage shall not be suspended, voided, or cancelled
without thirty (30) days prior written notice to the County by certified mail, return
receipt requested. Contractor agrees that Contractor's comprehensive general liability
insurance shall be the primary coverage for any and all losses or injuries resulting from
Contractor's activities pursuant to this Agreement. Performance shall not commence
under this Agreement until Contractor has submitted to the County and received
approval thereof.
b. Contractor agrees to maintain automobile liability insurance as required by Colorado
State statutes for all automobiles associated with performance of the Contractor's
obligations under this Agreement. Where applicable, Contractor further agrees to
maintain Workers' Compensation Insurance as required by Colorado State statutes.
c. All insurers of Contractor must be licensed or approved to do business in the State of
Colorado.
d. Any and all deductibles contained in any insurance policy referred to in this Agreement
shall be assumed solely by, and at the sole risk,of Contractor.
e. At any time during the term of this Agreement, the County may require Contractor to
provide proof of the insurance coverage or policies required herein. Upon failure of
Contractor to furnish, deliver and/or maintain such insurance as provided herein, this
Agreement, at the County's election, may be immediately declared suspended,
discontinued, or terminated. Failure of Contractor to obtain and/or maintain any
required insurance shall not relieve Contractor from any liability under this Agreement,
nor shall the insurance requirements be construed to conflict with any of the
Contractor's indemnification obligations.
9. Termination. Either party may terminate this Agreement at any time by providing the
other party with a 60-day written notice thereof. Furthermore, this Agreement may be
terminated at any time without notice upon a material breach of the terms of the Agreement.
In the event of an early termination, Contractor shall be paid for work performed up to the
time of notice and County shall be entitled the use of all material generated pursuant to this
Agreement.
10. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest
Page 3 of 6
therein or claim thereunder, without the prior written approval of County.
11. Access to Records. County shall have access to Contractor's financial records as they
relate to this Agreement for purposes of audit. Such records shall be complete and available
for audit 90 days after final payment hereunder and shall be retained and available for audit
purposes for at least five years after final payment hereunder.
12. Time of Essence. Time is of the essence in each and every provision of this Agreement.
13. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement,
where such failure is due to any cause beyond its reasonable control, including but not
limited to Acts of God, fires,strikes,war, flood,earthquakes or Governmental actions.
14. Notices. Any notice required to be given under this Agreement shall be in writing and
shall be mailed or delivered to the other party at that party's address as stated above.
15. Compliance. This Agreement and the provision of services hereunder shall be subject to
the laws of Colorado and be in accordance with the policies, procedures, and practices of
County.
16.Non-Exclusive Agreement. This Agreement is non-exclusive and County may engage or
use other contractors or persons to perform services of the same or similar nature.
17. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that
it does not knowingly employ or contract with an unauthorized alien who will perform
work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract
with a subcontractor that employs or contracts with an unauthorized alien to perform work
under this Agreement. Upon request, contractor shall deliver to the County a written
notarized affirmation that it has examined the legal work status of an employee and shall
comply with all other requirements of federal or state law.
Contractor agrees to comply with any reasonable request from the Colorado Department
of Labor and Employment in the course of any investigation.
If Contractor fails to comply with any requirement of this provision,County may terminate
this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
18. Entire Agreement/Modifications. This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This
instrument supersedes all prior negotiation, representation, and understanding or
agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both
parties.
Page 4 of 6
19. Funding Contingency. No portion of this Agreement shall be deemed to create an
obligation on the part of County to expend funds not otherwise appropriated or budgeted
for.
20. No Conflict. No employee of Contractor nor any member of Contractor's family shall
serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or
authorizes funding to Contractor.
21.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 provision,
to the extent that this Agreement is then capable of execution within the original intent of
the parties.
22.Non-Waiver.No term or condition of this Agreement shall be construed or interpreted as
a waiver, express or implied, of the monetary limitations or any of the other immunities,
rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity
Act§§ 24-10-101 et seq.,as applicable now or hereafter amended,
23.No Third-Party Beneficiary. It is expressly understood and agreed that the 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 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 an incidental beneficiary only.
24. Authority to Contract. County and Contractor each represents that it has the full right
and authority to enter into this Agreement.
25. Governing Law. This Agreement shall be governed by the laws of the State of Colorado
and the rules and regulations issued pursuant thereto. Any provision included in this
Agreement which conflicts with said laws, rules, and regulations shall be null and void;
any provision of the Agreement rendered null and void by the operation of this provision
shall not invalidate the remainder of the Agreement, to the extent capable of execution.
Both Parties agree to comply with all applicable federal and state laws, rules, and
regulations in effect or hereafter established, including,without limitation, laws applicable
to discrimination and unfair employment practices. Venue shall be in the County of Weld.
26. Binding Arbitration. The Parties do not agree to binding arbitration by any extra judicial
body or person to resolve any conflicts under this Agreement.
27. No Partnership, Joint Venture or Employment Relationship. Nothing in this
Agreement shall be deemed to create a partnership, joint venture or employment
relationship between Contractor and the County.
Page 5 of 6
1N WITNESS WHEREOF,the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
VIA BILITY
��4 e4/
: Frank W. Bruno
Title: CEO
SUBSCRIBED AND SWORN to before me this ` ( day of (1A);2026.
WITNESS my hand and official seal. g�
NO Pu 1 Leslie Gardner
My commission expires: ,)u \5 Z.�'I2 D2.lp NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184013741
MY COMMISSION EXPIRES July 25.202F
ATTEST: S' �m,4. BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERSOF WELD COUNTY
By: /16-datAavynBy:
PtYDe u Clerk to the Boar S ott K. James,Chair
MAR 1 12026
e EL
4144.
I 1861 tia,°'1-t%
Page 6 of 6
Exhibit A
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Weld County On-Demand Transit Service
Service Area
86'y UFRTPR Via /i\
�' NFRMPO Via ;
'-GOUNTY
.'i Q Destination Boundary
Entity Information
Entity Name* Entity ID* New Entity? Please use the job
VIA MOBILITY SUP-47395 aid linked here to add a
❑supplier in Workday.
Contract Name* Contract ID Parent Contract ID
VIA MOBILITY PSA 2026 1 0434
Requires Board Approval
Contract Status Contract Lead* YES
CTB REVIEW EPINKHAM
Department Project#
Contract Lead Email
epinkham@weld.gov
Contract Description*
PROFESSIONAL SERVICES AGREEMENT FOR VIA MOBILITY SERVICES FOR 2026.
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 03/05/2026
03/09/2026
Amount* Department Email
$0.00 CM- Will a work session with BOCC be required?*
PublicWorks@weld.gov NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept. to be
CM-PublicWorks- included?*
Automatic Renewal DeptHead@weld.gov NO
Grant County Attorney
NO GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
CO U NTYATTORN EY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
11 /01 /2026
Termination Notice Period Expiration Date*
Committed Delivery Date 12/31 /2026
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
03/05/2026 03/05/2026 03/05/2026
Final Approval
BOCC Approved Doc ID#
AG 031126
BOCC Signed Date
Originator
BOCC Agenda Date EPINKHAM
03/11 /2026
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