HomeMy WebLinkAbout20240336.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR U.S. HIGHWAY 34
TRANSPORTATION MANAGEMENT ORGANIZATION (TMO) PROJECT FUNDS FOR
BENEFIT OF NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION
(NFRMPO), AND AUTHORIZE CHAIR PRO-TEM TO SIGN - NORTH FRONT RANGE
TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL
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 an Intergovernmental Agreement for
U.S. Highway 34 Transportation Management Organization (TMO) Project Funds for the benefit
of the North Front Range Metropolitan Planning Organization (NFRMPO) 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 North Front Range Transportation and Air
Quality Planning Council, 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 U.S. Highway 34
Transportation Management Organization (TMO) Project Funds for the benefit of the North Front
Range Metropolitan Planning Organization (NFRMPO) 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 North Front Range Transportation and Air Quality Planning
Council, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is,
authorized to sign said agreement.
Cc : PW (cm/to/DP/Er/5B)
03/1q/fN
2024-0336
EG0082
INTERGOVERNMENTAL AGREEMENT FOR U.S. HIGHWAY 34 TRANSPORTATION
MANAGEMENT ORGANIZATION (TMO) PROJECT FUNDS FOR BENEFIT OF NORTH FRONT
RANGE METROPOLITAN PLANNING ORGANIZATION (NFRMPO) - NORTH FRONT RANGE
TRANSPORTATION AND AIR QUALITY PLANNING COUNCIL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of February, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
By:Ottuta. Om
Deputy Clerk to the Board
M:
C • unty At orney
Date of signature:
EXCUSED
Kevin . Ross, Chair
Perry L. B k, Pro -Tern
Mike Freeman
EXCUSED
Scott K. James
2024-0336
EG0082
Cori va& IDS 1-115
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: US 34 Transportation Management Organization (TMO) IGA
DEPARTMENT: Planning Services DATE: 1/17/2024
PERSON REQUESTING: Evan Pinkham
Brief description of the problem/issue:
NFRMPO has assisted in the creation of a TMO along the US 34 corridor in order to provide transportation demand management (TDM) services. The
MPO has agreed to be the project applicant for grant applications that will fund the start-up of the TMO. The MPO has requested that Weld County
provide local match funding in the amount of $2,778.00 to provide funding for the program start-up. Eight partner agencies will be providing local match
for the program as well. Attached to this request is the IGA from NFRMPO, as well as the local match requirements for participating agencies.
What options exist for the Board?
1. The board can choose to enter into the IGA, and support the NFR MPO in the creation of the US 34 TMO.
2. The board can choose to not enter Into the IGA, and not be induded In the US 34 TMO.
Consequences:
Weld County will not be able to assist in the formation of the TMO if we do not agree to provide local match and sign the IGA.
Impacts:
The creation of the TMO will help to improve traffic flow along US 34.
Cost (Current Fiscal Year/Ongoing or Subsequent Fiscal Years:
The cost of the local match for start-up is $2,778.00.
Recommendation:
Staff recommends to sign the IGA and commit local match funding In the amount of $2,778.00.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman mf
Scott K. James V \ a- C Y1
Kevin D. Ross, Chair P
Lori Saine (J�
2024-0336
2/(2. EC-1OOga
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Scott James
Wednesday, January 17, 2024 7:01 PM
Karla Ford
Lori Saine
Re: Please Reply - U534 TMO IGA - Weld County signature
Importance: High
Fully support - thank4
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or
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On Jan 17, 2024, at 2:41 PM, Karla Ford <kford@weld.gov> wrote:
Please advise if you sueaport recommendation and to have department place on the agenda.
Karla Ford R
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
.: 970.336-7204 :: kfordittealdoov,com :: www.weldoov.com :.
**Please note my working hours are Monday -Thursday 7:gfa.m.-5:ttp.m.**
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<NFRMPO TMO Funding PA.pdf><IGA - Weld County and NFRMPO TMO Funds.pdf>
INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF THE US34
TRANSPORTATION MANAGEMENT ORGANIZATION (TMO) IN WELD COUNTY
THIS INTERQOVERN ENTAL AGREEMENT (the "Agreement") is made and
entered into this) day o , 2024, by and between THE NORTH FRONT RANGE
TRANSPORTATION & AIR QUALITY PLANNING COUNCIL, ("MPO") and THE
COUNTY OF WELD, COLORADO ("Community") for the use and benefit of the NFRMPO.
L RECITALS
A. The parties to this Agreement, heretofore discussed submitting a coordinated application
for state Office of Innovative Mobility (OIM) Transportation Management Organization
(TMO) Seed Funding Grant administered through the Colorado Department of
Transportation (CDOT) to manage and deliver transportation demand management
(TDM) services along the US34 corridor within the Community ("Project"); and
B. The parties to this Agreement, entered coordinated grant applications for state funding
through CDOT to aid in financing the Project; and
C. The MPO has agreed to be the project applicant and Weld County has agreed to provide
one -ninth of the local match; and
D. The grant applications were approved with required local match funds of 20%; and
E. The parties wish to enter into an intergovernmental agreement for purposes of
coordinating the funding of the completion of the Project; and
F. The MPO covers urbanized areas in Larimer and Weld counties and the project will cover
areas within the Upper Front Range Transportation Planning Region; and
G. The parties to this Agreement are authorized pursuant to Article XIV, Section 18 of the
Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter
into intergovernmental agreements for the purpose of providing any service or
performing any function which they can perform individually; and
H. The parties agree it is in their best interests to work cooperatively in the completion of
the Project.
IL CONSIDERATION
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
III. TERMS
Page 1 of 4
o1va� 033
1. The Community and MPO have estimated the total Project cost to be $237,500
(Two Hundred Thirty -Seven Thousand and Five Hundred Dollars) attributable to services
within Lariner and Weld counties.
2. The total Project cost of $237,500.00 is allocated as follows: $100,000 in OIM
TMO Seed Grant Funds; $112,500.00 other grant funds; $25,000 local match requirement with
$2,778.00 contributed by each Community, less prior year carryover, and as more particularly
set out in Exhibit "A" all terms of which are attached hereto and incorporated herein.
3. The MPO will invoice the Community for their $2,778.00 share of the local
match witlin 30 days of execution of the contract and the Community will submit payment
within 60 days of receipt of invoice unless written notice of delay is received and approved by
the MPO. The Community's obligation to pay to the MPO the Community's local match is
subject to and contingent on the Community's appropriation and budget of such funds for the
Project. The Community is only responsible for providing its share of the local match and
failure of another Community to provide its share of the local match will result in that
Community's exclusion from the activities set out in Exhibit "A" and will reduce the total
Project amount by half.
4. Should the Community request modifications, changes in the scope of service, or
other expenditures that would cause the total Project cost to exceed $237,500.00, the
Community shall be responsible to pay to the MPO such additional amount attributable to the
changes requested by Community.
5. Should there be any unused local match funds at the end of the Project year, the
unused funds shall be returned to the Community or shall be credited against next year's local
match amount if funds are awarded for the continuation of the Project.
6. Should the MPO request modifications, changes in the scope of service, or other
expenditures that would cause the total Project cost to exceed $237,500.00, the MPO shall be
responsible to pay such additional amount attributable to the changes requested by the MPO.
7. The MPO shall maintain accurate accounts of all Project expenditures and shall
separately account for the Community's local match funds. The MPO shall provide to the
Community information detailing incremental and total expenditures for the Project and the
remaining balance of funds on at least a quarterly basis.
8. The MPO will assume primary responsibility, with close coordination of the
Community, to determine the scope of work.
9. The Community and MPO shall each designate a representative to assist the
MPO in the oversight of the grant.
10. The Community's and MPO's financial obligations under this Agreement are
contingent upon the annual appropriation, budgeting and availability of specific funds to
discharge those obligations. Nothing in this Agreement shall create a payment guaranty by either
Page 2 of 4
party or a debt or a multiple -fiscal year financial obligation under the Colorado Constitution or
any similar provisions of the Community's charter or ordinances.
1 l . No term or condition of this Agreement shall be construed or interpreted as a
waiver, either express or implied of any of the immunities, rights, benefits or protections
available to either party under the Colorado Governmental Immunity Act as now in effect or
hereafter amended.
12. This Agreement may be amended provided such amendment is in writing and
signed by each party.
13. The Community and MPO intend that this Agreement bind them, their officers,
and employees. Either party shall be permitted to specifically enforce any provision of this
Agreement in a local court of competent jurisdiction.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
NORTH FRONT RANGE TRANSPORTATION &
AIR QUALITY PLANNING COUNCIL
For the use and benefit of the MPO
Suzette 1►AaIIe}+e Digitally signed by Suzette Mallette
V l l Date: 2024.02.13 08:03:58 -07'00'
By. Suzette Mallette Executive Director
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Perry��, Chair Pro-Tem
FEB 1 2 2024
ATTEST: VAZA44) u►• ..C,1‘D4
lerk to the Boar
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ao0241- O 336.
EXHIBIT A
SCOPE OF US34 TRANSPORTATION MANAGEMENT ORGANIZATION (TMO)
The following is a more detailed description of the plan:
The Community and the MPO agree that the MPO will manage and administrate the grant to
develop and implement the US34 Transportation Management Organization (TMO).
The Community and MPO agree that the MPO be the local agency that enters into an IGA with
CDOT for the monies awarded to both the Community and MPO for the Project. Additionally,
the Community and MPO agree that the MPO will provide the fiscal management and overall
project management for the entire project without any reimbursement requested for these
services by the MPO to the Community.
The current schedule for the project is as follows:
August 2023 — IGA between CDOT and MPO executed
October 2023 — Release RFP for US34 TMO development and implementation
Quarterly — Check -In on Grant and Project with US34 Coalition
Grant
2023
Requirement
Match
Local
2023
Local
Match
Total
% of total
payment
Larimer County
$212,500
$2,778
$2,778
$237,500
11%
Weld
County
$2,778
$2,778
11%
Estes Park
$2,778
$2,778
11%
Loveland
$2,778
$2,778
11%
Johnstown
$2,778
$2,778
11%
Windsor
$2,778
$2,778
11%
Greeley
$2,778
$2,778
11%
Evans
$2,778
$2,778
11%
Kersey
$2,778
$2,778
11%
Total
'$212,500
$25,000
$25,000
$237,500
100%
ntr ct
Entity Information
Entity Name *
NORTH FRONT RANGE MPO
Entity ID*
@00017932
o New Entity?
Contract Name* Contract ID
IGA FOR FUNDING OF THE US 34 TMO IN WELD 7775
COUNTY
Contract Status
CTB REVIEW
Contract Lead *
EPINKHAM
Contract Lead Email
epinkham@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
NFRMPO HAS ASSISTED IN THE CREATION OF A TMO ALONG THE US 34 CORRIDOR IN ORDER TO PROVIDE
TRANSPORTATION DEMAND MANAGEMENT (TDM) SERVICES. THE MPO HAS AGREED TO BE THE PROJECT
APPLICANT FOR GRANT APPLICATIONS THAT WILL FUND THE START-UP OF THE TMO.
Contract Description 2
THE MPO HAS REQUESTED THAT WELD COUNTY PROVIDE LOCAL MATCH FUNDING IN THE AMOUNT OF
$2,778.00 TO PROVIDE FUNDING FOR THE PROGRAM START-UP.
Contract Type *
AGREEMENT
Amount*
$2,778.00
Renewable*
NO
Automatic Renewal
Grant
NO
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
DGOV.COM
IGA Deadline Date
Requested BOCC Agenda Due Date
Date* 01 /27/2024
01/31/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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
Review Date*
01 /01 /2026
Committed Delivery Date
Renewal Date
Expiration Date*
01/01/2026
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
ELIZABETH RELFORD CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/01/2024 02/02/2024 02/07/2024
Final Approval
BOCC Approved Tyler Ref #
AG 021224
BOCC Signed Date Originator
EPINKHAM
BOCC Agenda Date
02/12/2024
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