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HomeMy WebLinkAbout20211047.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF MOBILITY MANAGEMENT ACTIVITIES IN WELD COUNTY OUTSIDE OF NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION (NFRMPO) BOUNDARIES AND AUTHORIZE CHAIR 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 Funding of Mobility Management Activities in Weld County Outside of 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 the North Front Range Transportation and Air Quality Planning Council, 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 Funding of Mobility Management Activities in Weld County Outside of 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 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 be, and hereby is, authorized to sign said agreement. 2021-1047 Cc.PW(SMIER/DA) EG0079 061rt/2I INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF MOBILITY MANAGEMENT ACTIVITIES IN WELD COUNTY OUTSIDE OF NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION (NFRMPO) BOUNDARIES - 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 14th day of April, A.D., 2021. ATTEST: W. Weld County Clerk to the Board BY: 7hvv/ Al/I Deputy Clerk to the Board APP D F 1161 County orney Date of signature: off /21/2( BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Mpreno, Chair 2021-1047 EG0079 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: NFRMPO IGA —5310 Local Match Funds — One Call -One Click Program DEPARTMENT: Public Works DATE: 3/23/2021 PERSON REQUESTING: Elizabeth Relford Brief description of the problem/issue: The Commissioners conducted a work session on April 13, 2020 agreeing to contribute local match dollars to the NFRMPO's One Call -One Click program. The MPO agrees to provide the fiscal and project management in order to deliver coordinated transportation services for older adults and people with disabilities in portions of Weld County outside of the NFRMPO boundary. We request putting this contract on the Board's agenda for approval. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • BOCC approves placing this agreement on the next available agenda. • BOCC denies the pass around and requests a work session. Recommendation: Staff recommends the Board consider placement of the DOLA contract on your next available agenda. Approve Recommendation Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Schedule Work Session Other/Comments: 2021-1047 £G OO'19 INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF MOBILITY MANAGEMENT ACTIVITIES IN WELD COUNTY OUTSIDE OF NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION BOUNDARIES THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this II./ ay of Apr I , 2021, by and between THE NORTH FRONT RANGE TRANSPORTATION & AIR QUALITY PLANNING COUNCIL, ("MPO") and THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ("County") for the use and benefit of the MPO. I. RECITALS A. The parties to this Agreement, and Larimer County, heretofore discussed submitting a coordinated application for Federal Transit Administration (FTA) 5310 rural funds administered through the Colorado Department of Transportation (CDOT) to manage and deliver coordinated transportation services for older adults and people with disabilities in the portions of Larimer and Weld County outside of the North Front Range Metropolitan Planning Organization ("Project"); and B. The parties to this Agreement, and Larimer County, entered coordinated grant applications for federal 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 half of the local match with Larimer County providing the other half; 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 Weld County and the project will cover the entirety of the County; 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. II. CONSIDERATION NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: Page 1 of 5 III. TERMS 1. The County and MPO have estimated the total Project cost to be $33,750 (Thirty - Three Thousand and Seven Hundred Fifty Dollars) attributable to improvements within Larimer and Weld counties. 2. The total Project cost of $33,750 is allocated as follows: $27,000 grant funds; $6,750 local match with $3,375 contributed by each County 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 County for their $3,375 share of the local match within 30 days of execution of the contract and the County will submit payment within 60 days of receipt of invoice unless written notice of delay is received and approved by the MPO. The County's obligation to pay to the MPO the County's local match is subject to and contingent on the County's appropriation and budget of such funds for the Project. Each county is only responsible for providing its share of the local match and failure of any county to provide its share of the local match will result in that county's exclusion from the activities set out in Exhibit "A" and will reduce the total Project amount by half. 4. Should the County request modifications, changes in the scope of service, or other expenditures that would cause the total Project cost to exceed $33,750, the County shall be responsible to pay to MPO such additional amount attributable to the changes requested by County. 5. Should there be any unused local match funds at the end of the Project, the unused funds shall be returned to the County 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 $33,750, 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 County's local match funds. The MPO shall provide to the County 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 County, to determine the scope of work. 9. The County and MPO shall each designate a representative to assist the MPO in the oversight of the grant. 10. The County'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 5 party or a debt or a multiple -fiscal year financial obligation under the Colorado Constitution or any similar provisions of the County's charter or ordinances. ii. 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 County 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 By.,.:L; ,/N/me Title ATTEST: Accounting Manager Page 3 of 5 ATTEST: Clerk to the Boafd Deputy ClerVo the Board 1161 BOARD OF COMMISSIONERS OF WELD COUNTY, COLORADO For the use and benefit of the Weld County Department of Public Works Page 4 of 5 Moreno, Chair APR 1 4 2021 020'g/ —/O41 EXHIBIT A SCOPE OF MOBILITY MANAGEMENT ACTIVITIES The following is a more detailed description of the plan: Weld County and the MPO agree that the MPO will manage and deliver coordinated transportation services for older adults and people with disabilities in the portions of Weld County outside of the North Front Range Metropolitan Planning Organization. The County and MPO agree that the MPO be the local agency that enters into an IGA with CDOT for the monies awarded to both the County and MPO for the Project. Additionally, the County 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 County. The current schedule for the project is as follows: February 2021 - IGA between CDOT and MPO executed Ongoing 2021 - MPO completes quarterly reports to CDOT Late 2021 — Check -In on Grant and Project with County Budget of total Grant Local Match Total payment Larimer $3,375 50% County $27,000 $33,750 Weld $3,375 50% County Total $27,000 $6,750 $33,750 100% New Contract Request Entity Information Entity Name* NORTH FRONT RANGE MPO Contract Name * NFRMPO MOBILITY MGMT ACTIVITIES IGA Contract Status CTB REVIEW Entity ID* x-0001 7932 ❑ New Entity? Contract ID 4623 Contract Lead * ERELFORD Contract Lead Email erelfordCco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* WELD COUNTY AGREES TO SHARE A 20% LOCAL MATCH WITH LARIMER COUNTY TO UTILIZE THE FEDERAL TRANSIT ADMINISTRATION (ETA) RURAL 5310 FUNDS TO ALLOW THE NORTH FRONT RANGE MPO TO PROVIDE MOBILITY ACCESS OUTSIDE OF THE NFRMPO BOUNDARY WITHIN WELD COUNTY. Contract Description 2 TOTAL PROJECT COST IS :33.750. GRANT FUNDS: $27,000; LOCAL MATCH: $6,750. LOCAL MATCH SPLIT BY LARIMER AND WELD COUNTY IS $3,375 EACH. Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 04 01 ;'2021 04/05/2021 Amount* Department Email $3,375.00 CM- Will a work session with BOCC be required?* PublicWorks°weldgov.com HAD Renewable NO Department Head Email Does Contract require Purchasing Dept. to be included? CM-PubiicWorks- NO Automatic Renewal DeptHeadnreldgov.com Grant County Attorney GENERAL COUNTY ATTORNEY EMAIL ICA County Attorney Email CM- COU NTYATTO RN EY:-&WELDG OV.COM 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 Contact Name Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 04/01/2021 Final Approval 8OCC Approved 8OCC Signed Date 8OCC Agenda Date 04/12/2021 Originator ERELFORD # 4 . Review Date 04/05/2022 Committed Delivery Date Contact Email Renewal Date Expiration Date 1231?2022 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approver Legal Counsel CHRIS D`OVIDIO BOB CHOATE Finance Approved Date Legal Counsse! Approved Date 04,102)2021 04^06612021 Tyler Ref # AG 041221 Hello