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Home My WebLink About20242050.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR LOCAL ON -DEMAND TRANSIT PROGRAM OPERATION SERVICES AND AUTHORIZE CHAIR TO SIGN - TOWN OF MILLIKEN 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 WHERES, on June 19, 2023, the Board of County Commissioners of Weld County, Colorado, approved Resolutions #2023-1699 and #2023-1700, State and Local Fiscal Recovery Funds (SLFRF) Grant Agreements for 2022-2023 Local Multimodal Transportation and Mitigation Options Funds (MMOF) for On -Demand Transit Services on behalf of the Department of Public Works, and the Upper Front Range Transportation Planning Region (UFRTPR), and the North Front Range Metropolitan Planning Organization (NRFMPO), and WHEREAS, on July 26, 2023, the Board approved Resolution #2023-2126, Professional Services Agreement for 2023 Local Multimodal Transportation and Mitigation Options Funds (MMOF) for On -Demand Transit Services with the Upper Front Range Transportation Planning Region (UFRTPR) on behalf of the Department of Public Works, and Via Mobility, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Local On -Demand Transit Program Operation Services 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 the Town of Milliken, commencing upon full execution of signatures, 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 Intergovernmental Agreement for Local On -Demand Transit Program Operation Services 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 the Town of Milliken, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. c c : pn (C4/DulvD/58), PL(EP) 041/0412,1 2024-2050 EG0082 INTERGOVERNMENTAL AGREEMENT FOR LOCAL ON -DEMAND TRANSIT PROGRAM OPERATION SERVICES — TOWN OF MILLIKEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of July, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY�t5LORAU�� ATTEST: Gl� Weld County Clerk to the Board BYdifiei tatm,» C1L Deputy Clerk to the Board AP' :IVED A County orney Date of signature: girl I ZL1- 1.7e -\ Toss, Chair Perry L. Bucj Pro-Tem on Saine 2024-2050 EG0082 act (p4gs4-l3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Town of Milliken — Via Mobility IGA DEPARTMENT: Planning Services PERSON REQUESTING: Evan Pinkham DATE: 7/25/2024 Brief description of the problem/issue: Milliken has expressed interest in joining the Via Mobility on -demand transit program that Weld County is currently operating within the North Front Range Metropolitan Planning Organization (NFRMPO) boundary. Attached to this pass -around is the executed IGA from Milliken for inclusion into the program. Milliken will contribute up to $13,455.69 to the program, which is a proportional share of the match requirement. The program is expected to operate until mid -year 2025 unless additional funding is allocated. What options exist for the Board? 1. Allow the Town of Milliken to join the program. 2. Reject the Town's request to join the program. Consequences: If Weld County rejects Milliken's request to join the program, Weld County, Johnstown, and LaSalle will need to cover the portion of local match funding that Milliken has offered to cover by joining the program. Impacts: Adding Milliken to the program will reduce the local match requirements of Johnstown, LaSalle and Weld County. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The addition of Milliken will result in a lower local match requirement for Weld County. Recommendation: Planning Services is recommending that the board allow the Town of Milliken to join the on -demand transit program. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem 7C-64,fr714t-al Mike Freeman LlAtif2krLitstej Scott K. James 9(-1...121-7Za-e) Kevin D. Ross , Chair ��`�[i initeee; Lori Saine 2024-2050 7/31 EDD%2- Cheryl Hoffman From: Sent: To: Cc: Subject: Approve Kevin Ross Kevin Ross Friday, July 26, 2024 9:53 AM Perry Buck; Mike Freeman Cheryl Hoffman; Scott James; Lori Saine; Karla Ford; Esther Gesick Re: URGENT Pass -around Milliken Via Mobility From: Perry Buck <pbuck@weld.gov> Sent: Friday, July 26, 2024 8:34:33 AM To: Mike Freeman <mfreeman@weld.gov> 0Cc: Cheryl Hoffman <choffman@weld.gov>; Kevin Ross <kross@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine a( <Isaine@weld. ov>; Karla Ford <kford@weld.gov>; ov>• Esther Gesick <egesick@weld.gov> weld. v> g @ g g @ go Subject: Re: URGENT Pass -around Milliken Via Mobility I approve Thank you Sent from my iPhone Cop On Jul 26, 2024, at 8:29 AM, Mike Freeman <mfreeman@weld.gov> wrote: Approve Sent from my iPhone On Jul 26, 2024, at 7:52 AM, Cheryl Hoffman <choffman@weld.gov>wrote: Good morning, commissioners, Please review this urgent pass around and indicate whether you approve of its placement on your BOCC agenda. Thanks so much! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov From: Elizabeth Relford <erelford@weld.gov> Sent: Thursday, July 25, 2024 2:55 PM To: Cheryl Hoffman <choffman@weld.gov> Cheryl Hoffman From: Sent: To: Cc: Subject: Scott James Friday, July 26, 2024 8:26 AM Cheryl Hoffman; Kevin Ross; Perry Buck; Mike Freeman; Lori Saine Karla Ford; Esther Gesick RE: URGENT Pass -around Milliken Via Mobility I approve for placement — thanks! From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, July 26, 2024 7:52 AM To: Kevin Ross <kross@weld.gov>; Perry Buck <pbuck@weld.gov>; Mike Freeman <mfreeman@weld.gov>; Scott James <sjames@weld.gov>; Lori Saine <Isaine@weld.gov> Cc: Karla Ford <kford@weld.gov>; Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: FW: URGENT Pass -around Milliken Via Mobility Importance: High Good morning, commissioners, Please review this urgent pass around and indicate whether you approve of its placement on your BOCC agenda. Thanks so much! Sheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffmancoweld.gov From: Elizabeth Relford <erelford@weld.gov> Sent: Thursday, July 25, 2024 2:55 PM To: Cheryl Hoffman <choffman@weld.gov> Cc: Karla Ford <kford@weld.gov> Subject: FW: Pass -around Milliken Via Mobility Hi Cheryl, I forgot to let Evan know that Karla is on vacation. We are trying to get this IGA on the Board's agenda for Wednesday next week. Thanks, Elizabeth From: Evan Pinkham <epinkham@weld.gov> Sent: Thursday, July 25, 2024 2:33 PM To: Karla Ford <kford@weld.gov> 1 [NTERGOVERNMENTAL AGREEMENT FOR THE WELD COUNTY ON -DEMAND TRANSIT PROGRAM TO OPERATE IN I TOWN OF MILLIKEN IN ORDER TO PROVIDE SERVICE FOR RESIDENTS OF THE TOWN THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into this day of 3% di ,, 2024, by and between the Town of Milliken, a municipality of the State of Colorado, wh� address is 1101 Broad Street, Milliken, Colorado 80543, hereinafter referred to as "Town of Milliken" or "Milliken," and the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County." The parties hereto may also be referred to herein collectively as "the Parties." RECITALS WHEREAS, by Resolution dated August 9, 2022, the North Front Range Metropolitan Planning Organization (NFRMPO) Planning Council awarded Weld County Multimodal Transportation and Mitigation Options Funds (MMOF) vetted through the Colorado Department of Transportation (COOT), for VIA Mobility to operate an on -demand transit service, and WHEREAS, on behalf of the NFRMPO, Weld County collectively contracts the transit bus in one contract to assist the Town of Milliken, and WHEREAS, Weld County has contracted services with Via Mobility for the operation of one bus being in operation for 50 hours per week, with 40 of the hours being in-service time, and WHEREAS, Weld County entered into an IGA with the Colorado Department of Transit and Rail which grants the County $342,900 in MMOF funding for the on -demand transit program, and WHEREAS, the on demand transit service will operate until MMOF funding is depleted, which is expected to be June 2025. WHEREAS, Weld County will contribute up to $56,680.89 in local match for the on - demand transit program, and WHEREAS, the local match for Milliken is estimated to be $13,455.69, which will be paid to Weld County as a reimbursement of the on -demand transit service. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants stated herein, the parties hereto agree as follows: 1. Weld County agrees as follows: a.. Weld County will oversee the on -demand transit program operated by Via Mobility. Via Mobility will operate on -demand transit service for individuals aged 60 and up, as well as individuals with a disability, in the service area, which includes the Town of Milliken. Contractor will operate one bus, 50 hours per week, of which 40 hours per week will be "In service". In Service Hours are weekdays 8:00 AM to 4:30 PM. Via Mobility will provide transportation services to destinations in the defined service area at no cost for the rider. Via Mobility 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. Via Mobility will maintain, adequate insurance at all times during the term of this Agreement. b. Weld County will provide local match for the program up to $56,680.89. 2. Milliken agrees as follows: a. Milliken will provide a local match for their portion of the program upon being invoiced by Weld County. Local match is estimated to be $13,455.69. Milliken shall make the local match payment to Weld County as follows: (i) one hundred percent (100%) shall be paid within fifteen (15) days of receipt of an invoice from the County. 3. 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 hereto. 4. NO THIRD PARTY BENEFICIARY ENFORCEMENT: 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 party to this Agreement. It is the express intention of the undersigned parties that any individual or entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5. 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 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 this 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. 6. GOVERNMENTAL IMMUNITY: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. WITNESS W-IEREOF, the parties hereto have signed this Agreement this/ day of , 2024. ATTEST: ..nJ .-,do%� Weld = . ty Clerk to the Board Depu Clerk to ATTEST: COUNTY OF WELD, a political subdivision of the State of Colorado By: Kevin D. Ross, Chairman Board of County Commissioners of the County of Weld JUL 3 1 2024 TOWN OF Milliken, a municipality of the State of Colorado By: cohtt,iiik By: Town Clerk u Eli h Austin, ayor Contract Form Entity Information Entity Name* MILLIKEN, TOWN OF Contract Name* VIA MOBILITY IGA - MILLIKEN Contract Status CTB REVIEW Entity ID* @00002323 Q New Entity? Contract ID 8543 Contract Lead * EPINKHAM Contract Lead Email epinkham@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * THIS IS AN IGA WITH THE TOWN OF MILLIKEN TO PROVIDE ON DEMAND TRANSIT SERVICE IN TOWN BOUNDARIES. Contract Description 2 Contract Type* AGREEMENT Amount* $13,455.69 Renewable* NO Automatic Renewal Grant IGA YES Department PLANNING Department Email CM- Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Due Date Date* 07/27/2024 07/31/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? IGA Deadline Date 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 Termination Notice Period Contact Information Contact Info Review Date * 07/01/2025 Committed Delivery Date Renewal Date Expiration Date* 07/01/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head ELIZABETH RELFORD DH Approved Date 07/26/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/31/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 07/26/2024 07/26/2024 Tyler Ref # AG 073124 Originator EPINKHAM Hello