HomeMy WebLinkAbout20232127.tiffRESOLUTION
RE: APPROVE PROFESSIONAL SERVICES AGREEMENT FOR 2023 LOCAL
MULTIMODAL TRANSPORTATION AND MITIGATION OPTIONS FUNDS (MMOF)
FOR ON -DEMAND TRANSIT SERVICES FOR NORTH FRONT RANGE
METROPOLITAN PLANNING ORGANIZATION (NFRMPO), 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
the 2023 Local Multimodal Transportation and Mitigation Options Funds (MMOF) for On -Demand
Transit Services for 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 Via Mobility,
commencing upon full execution of signatures, and ending December 31, 2024, 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 the 2023 Local Multimodal
Transportation and Mitigation Options Funds (MMOF) for On -Demand Transit Services for 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 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:PW(c4/ER/Er)
06/1612,3
2023-2127
EG0081
PROFESSIONAL SERVICES AGREEMENT FOR 2023 LOCAL MULTIMODAL
TRANSPORTATION AND MITIGATION OPTIONS FUNDS (MMOF) FOR ON -DEMAND
TRANSIT SERVICES FOR NORTH FRONT RANGE METROPOLITAN PLANNING
ORGANIZATION (NFRMPO) — VIA MOBILITY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddilim) ' be4o4
Weld County Clerk to the Board
BY:
AP
Mik- Freeman, Chair
erryB, ck, Pro-Tem
Sco t K. James
evin D. Ross
County orney %J ?` --� EXCUSED
Lori Saine
Date of signature: dg/o$'/2
2023-2127
EG0081
Cunthvad-t: iztt
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Via Mobility Professional Services Agreement (PSA) - NFRMPO On -Demand
Transportation Services
DEPARTMENT: Public Works DATE: 7/17/2023
PERSON REQUESTING: Evan Pinkham
Brief description of the problem/issue:
Weld County was awarded 2022 NFRMPO MMOF funds in the amount of $342,900.00 for on -demand
transportation services. The local match amount is $114,300 for a total contract amount of $457,200. We have
been working with Via Mobility to provide on -demand transit services to residents of unincorporated Weld
County, as well as residents in the Town of Johnstown. Prior to commencement of the service, we are looking
to enter into a professional services agreement with Via Mobility. A draft of the agreement is included in this pass
around for your review. The County Attorney's Office has reviewed the agreement and agrees with the terms.
Once we have executed the agreement, along with Via Mobility, we will be working with the Town of Johnstown
to complete IGAs for local match funding.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Place the approval of the agreement on the next available BOCC agenda.
2. Schedule a work session to discuss.
Recommendation:
Public Works is recommending placement of the agreement on the next available BOCC agenda for approval.
BOCC Approval Schedule
to place on agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
2023-2127
EG7 coal
PROFESSIONAL SERVICES AGREEMENT BETWEEN WELD COUNTY AND
CONTRACTOR SERVICES FOR SERVICE IN THE NORTH FRONT RANGE
TRANSPORTATION PLANNING ORGANIZATION REGION
This PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) is made as of
July 24, 2023, 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 O 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 until December 31, 2024, 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
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. 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
aZp02.3 -x/ 7
4. Compensation. County will compensate Contractor at $90.00 per hour for the bus, up to
50 hours per week. Total program budget is not to exceed $457,200.00. 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.
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.
The commercial general liability insurance policy shall, at a minimum, include
coverage for property damage and bodily injury covering injuries to Contractor,
Contractor's employees, riders, general public, or volunteers, arising out of
Contractor's activities.
Page 2 of 6
The comprehensive general liability insurance shall be in the following minimum
amounts:
Each Occurrence
General Aggregate
$1,000,000
$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
therein or claim thereunder, without the prior written approval of County.
Page 3 of 6
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. Certification. Contractor certifies that Contractor is not an illegal immigrant, and
further, Contractor represents, warrants, and agrees that it has verified that Contractor
does not employ any illegal aliens. If it is discovered that Contractor is an illegal
immigrant, employs illegal aliens or subcontracts with illegal aliens, County can
terminate this Agreement and Contractor may be held liable for 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.
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.
Page 4 of 6
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. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess.
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 frill 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
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and
year written below.
CONTRACTOR:
VIA MOBILITY
Leslie Godner
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184013741
MY COMMISSION EXPIRES July 25. 2026
SUBSCRIBED AND SWORN to before me this ()--L1 day of ' , 2023.
WITNESS my hand and official seal.
My commission expires: ,)U \3 2'91707 (4
ATTEST: dettitsA.) ..etpiok
CLERK TO THE BOARD
B
to.
Deputy Clerk to the Board
BOARD OF COUNTY
COMMISSIONERSOF WELD COUNTY
Page 6 of 6
ike Freeman, Chair
JUL 2 6 2023
c20a3-x1021
Exhibit A
Pawnee
National
Grasslands
Fort Collins
Weld County On -Demand Transit Service
Service Area
UFRTPR Via
NFRMPO Via
Destination Boundary
Contract Form
New Contract Request
Entity Information
Entity Name*
VIA MOBILITY
Entity ID
O.00047395
❑ New Entity?
Contract Name. Contract ID
VIA MOBILITY PROFESSIONAL SERVICES AGREEMENT (PSA) 7255
NFRMPO ON DEMAND TRANSPORTATION SERVICES
Contract Status
CTB REVIEW
Contract Lead.
EPINKHAM
Contract Lead Email
epinkham01co.weld.co.us
Parent Contract ID
React
YES
De
d
Contract Description
WELD COUNTY WAS AWARDED 2022 NFRMPO MMOF FUNDS IN THE AMOUNT OF S 342,900.00 FOR ON -DEMAND
TRANSPORTATION SERVICES. THIS IS AN AGREEMENT WITH VIA TO PROVIDE THE SERVICE.
Contract Description 2
Contract Type.
AGREEMENT
Amount.
$457,200.00
Renewable
NO
Automatic Renewal
NO
Grant
YES
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks0weldgay.com
Department Head Email
CM-PublicWorks-
DeptHeadveldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
C OU NTYATTORN EYCOWELDG
OV.COM
Grant Deadline Date
If this is a renewal enter previous Contract ID
If this is part of a MESA enter NSA Contract ID
Requested MCC Agenda
Date
07/26;2023
Due Date
07,,22:2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
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
12 31 2024
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Committed Delivery Date
Expiration Date*
12,'31:'2024
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
.CURTIS HALL
DH Approved Date
07;24/2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/26/2023
Originator
EPINKHAM
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
07/24/2023 07/24/2023
Tyler Ref #
AG 072623
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