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HomeMy WebLinkAbout20153363.tiff RESOLUTION RE: APPROVE JOINT USE AGREEMENT AND AUTHORIZE CHAIR TO SIGN - NORTHERN COLORADO YOUTH FOR CHRIST -TURN AROUND BIKES 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 Joint Use Agreement 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 Health and Environment, and Northern Colorado Youth for Christ - Turn Around Bikes, commencing May 16, 2015, and ending September 30, 2016, 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 Joint Use Agreement 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 Health and Environment, and Northern Colorado Youth for Christ - Turn Around Bikes be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO ATTEST:datifet) J,CL�o;4 arbara Kirkme er, Chair Weld County Clerk to the Board '•�� Mike Freeman, Pro-Tem BY: t L!� �. 1!l �7'► ! _ D=•1ty Clerk t the B•ar:�� �~ /- 4 I '. Con .y O ' APPRO ED AS TO FO M: _ L �r. ye A. C•zad County Attorney Steve Moreno Date of signature: 2015-3363 OC. ,VL,6 -1-rg) ti/ HL0047 1861 a Memorandum ' -Pli- fi -4---‘ ;- ' '- F \ �I - 1 ,� r, TO: Barbara Kirkmeyer, Chair J bri ] N T Y Board of County Commissioners COuj FROM: Mark E. Wallace, MD, MPH, Executive Director Department of Public Health & Environment DATE: October 14, 2015 SUBJECT: Joint Use Agreement with Northern Colorado Youth for Christ-Turn Around Bikes For the Board's approval is a Joint Use Agreement between Northern Colorado Youth for Christ- Turn Around Bikes (TAB) and the Weld County Department of Public Health and Environment (WCDPHE). The BOCC previously approved the Health Department applying for, and subsequently accepted on the Department's behalf, funding from CDOT for a program referred to as Safe Routes to School (SRTS) designed to expand the number of kids safely riding bikes to and from school. Through this funding opportunity the Department would purchase a fleet of bikes and an associated trailer to be used to move the bike fleet between schools and events. In addition, the Department would execute a Joint Use Agreement with Turn Around Bikes (TAB) in which the Department would make the bike fleet available to TAB in exchange for their training of students on bike safety and maintenance of the bike fleet. In a work session held on October 12, 2015, the BOCC recommended the Joint Use Agreement be placed on the Board's agenda.The BOCC supported WCDPHE housing the bike fleet and trailer in a parking lot near WCDPHE's building. Assistant County Attorney, Frank Haug, has reviewed the Agreement and approves the terms and the option for securing and maintaining the bike fleet. I recommend approval of this Joint Use Agreement with Northern Colorado Youth for Christ- Turn Around Bikes. +RECEVED OCT ) "! 7,5 WELL. uu TY COMMJSSIC IE9s 2015-3363 JOINT USE AGREEMENT Between Northern Colorado Youth for Christ- Turn Around Bikes And Weld County, Colorado THIS AGREEMENT is made and entered into this \ day of �wL� , 2015, by and between the County of Weld, whose address is 1150 "O" Street,Greeley, Colorado 80631 a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners on Behalf of the Department of Public Health, hereinafter referred to as "County," and Northern Colorado Youth for Christ-Turn Around Bikes hereinafter referred to as TAB. WHEREAS, Northern Colorado Youth for Christ-Turn Around Bikes, hereinafter TAB, has agreed to house and provide maintenance for the Safe Routes to School (SRTS) Bike Fleet, as well as provide assistance with community-based bike rodeos and group rides during the duration of the grant. WHEREAS,Weld County,Colorado, hereinafter the County,has contracted with the Colorado Department of Transportation,hereinafter CDOT,to build Safe Routes to School capacity in Weld County by providing the administrative and financial grant coordination, as well providing technical assistance to each school district. WHEREAS, it is necessary and desirable to specify these services,the desired end products, and the responsibilities of the County and TAB in completing this project. NOW,THEREFORE, it is hereby agreed that I. SCOPE OF WORK TAB shall provide the following services to the County as detailed in Exhibit A- Scope of Work. II. COST ESTIMATE Work will be billed to the County on a monthly or quarterly basis. It is estimated that work on this project will be$15,000.00 to cover bike mechanic time,rodeo and ride support time,van mileage to deliver the bike fleet trailer, and administrative supervising time. No payment beyond this estimate will be allowed. III. PAYMENTS TAB shall submit monthly or quarterly invoices upon completion of services and will not total more than$15,000.00 over the course of the grant period (May, 15,2015 and September 30, 2016). Invoices will be sent to the following: Dr. Mark E.Wallace, Executive Directo, -Accounts Payable Weld County Department of Public Health and Environment Joint Use Agreement-SRTS Bike FleetJuly 15,2015Page 1 1555 N. 17th Avenue, Greeley, CO 80631 (970)304-6470 (970) 304-6410 Contact: Leslie Beckstrom lbeekstrom@weldgov.com- Tanya Geiser tgeiser@co.weld.co.us Payments, identifying a TAB invoice number,will be sent within 30 days of invoice to: North Colorado Youth for Christ-Turn Around Bikes ATTN: TAB Program Director P.O. Box 909 Greeley, CO 80631 IV. DEPARTMENT AND COMMUNITY RESPONSIBILITIES TAB will provide the personnel and administrative oversight to accomplish the objectives as described. An AMERICORP VISTA and/or TAB volunteers may do some of the tasks in accordance with the scope of work. Supervision of the VISTA or TAB volunteers rests with TAB Program Director. V. PERIOD OF PERFORMANCE This agreement will be deemed valid by the authorized signatures and it is anticipated that work can begin in early July and a project completion date is set for September 30, 2016. This Joint Use Agreement will be reviewed annually and terms will be renegotiated at that time. VI. CHANGES AND TERMINATION TAB or the County may,from time to time require changes in the Scope of Work of this agreement. In the event changes are required they must be made with the written agreement of all parties and be approved by CDOT prior to initiation. Either party may terminate this agreement by giving written notice of such termination and specifying the effective date thereof, at least thirty (30)days before the proposed date of termination. VII. GENERAL PROVISIONS a. Independent Contractor. TAB agrees that it is an independent Contractorand that TAB's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement.TAB shall perform its duties hereunder as an independent contractor.TAB shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. b. Subcontractors. TAB acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of TAB. TAB shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. c. Warranty. TAB warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement.TAB further represents and warrants that all services shall be p Joint Use Agreement-SRTS Bike FleetJuly 15,2015Page 2 erformed by qualified personnel in a professional and workmanlike manner,consistent with industry standards,and that all services will conform to applicable specifications. d. Indemnity. TAB shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions,or willful acts or omissions of Contract Professional,or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract. e. Compliance with Law. TAB shall strictly 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. f. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. g. Governmental Immunity. No term or condition of this contract 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. For: Weld County Colorado 0CT 1 9 2015 Title. Signature and Date Barbara Kirkrheyer, Chair OCT 1 9 2015 For North Colorado Youth for Christ-Turn Around Bikes Title GX-ec five. reC Jor NU/Fa Signature and Date joint Use Agreement-SRTS Bike FleetJuly 15,2015Page 3 0200. (3(03O) Joint Use Agreement with Northern Colorado Youth for Christ-Turn Around Bikes ATTEST: BOARD OF COUNTY COMMISSIONERS Weld C nt Clerk to the :oard W .LD COUNTY LORADO BY: Deputy CI- k to the :arbara Kirkmey r, Chair CT 1 9 2015 MI k sivz. APPROVED AS T. F �. + � APPROVED AS TO SUBSTANCE: gadiaa. Controller / 1 Elected Official or Department Head APPR ED AS O FORM: N IA it/ Director of General Services County Attorney 020/5-596,56) DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT it." 1555 North 17th Avenue [(L1/17c ��� ;I , Greeley, CO 80631 Public Health www.weldhealth.org Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education&Planning &Response Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420 Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6469 Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work,and play. Weld County Joint Use Agreement with Northern Colorado Youth for Christ—Turn Around Bikes Exhibit A: Scope of Work Lead Agency:Weld County Department of Public Health and Environment Leslie Beckstrom, HEAL Coordinator Health Communication, Education and Planning 1555 N. 17th Avenue, Greeley, CO 80631 970-304-6470 ext. 2387 lbeckstrom@weldgov.com Name of Consultant: Northern Colorado Youth for Christ—Turn Around Bikes P.O. Box 909, Greeley, CO 80631 Project Period: May 15, 2015 through September 30, 2016 North Colorado Youth for Christ — Turn Around Bikes (TAB) has been requested to provide bicycle maintenance for the Safe Routes to School (SRTS)bike fleet being purchased by the Weld County Department of Public Health and Environment. Additionally, TAB will provide support staff time to assist with community/school district bike rodeos, mileage reimbursement for the van to ensure the bike fleet trailer is delivered for programming usage, plus a small amount of supervisor staff time to cover supervision of the bike mechanics, TAB volunteers, and support staff. Work Scope SRTS Bike Fleet Maintenance The work under this element will include basic bicycle maintenance of the 28-30 children's bikes making up the bike fleet. Basic maintenance may include general cleaning; fixing or patching flat tires; adjusting brakes and rear derailleur; drive train and wheel hub functionality; tighten handlebars, pedals and spokes; lubing chain; checking frames for cracks; other repairs as necessary; and ensuring each bike is functional and able to operate safely. Any necessary major repair will be reported to Weld County as each bicycle will be under at least a 1-year warranty from the date of purchase which may be covered by the manufacturer. Maintenance will be performed in a consistent manner that ensures the bike fleet is functional, safe and available for other agencies and organizations to check out. Please refer to the Administrative section of this document for further details. SRTS Bike Fleet Transportation TAB will be reimbursed for vehicle mileage up to 2,000 miles at $0.55 per mile for delivery and retrieval of the bike fleet trailer to agencies and organizations requiring this service. Proof of appropriate vehicle insurance will be required of TAB to limit loss of County property should an accident occur which causes damage to the bike fleet trailer and/or contents. SRTS Bike Fleet Security TAB will be responsible for safeguarding the bike fleet trailer and contents by locking the self- enclosed trailer doors and hitch after every delivery/retrieval. When not in use within a Weld County community, the bike fleet trailer will be stored behind locked gates at the TAB facility. SRTS Bike Fleet Administration TAB will work with the County.to establish the bike fleet checkout procedure and cost. Entities participating in the funded Building SRTS Capacity in Weld County grant will not be assessed a usage charge during the duration of the grant period (June 1, 2015 through October 30, 2016). TAB will be responsible for developing, updating and maintaining the checkout calendar. Checkout preference will be provided to entities participating in the SRTS grant during the duration of the grant period. TAB will provide supervision for the bike mechanics,volunteers and VISTA that may be assisting with the various tasks described under this scope of work and will be compensated for this effort. TAB will provide support staff to assist with group rides occurring during the two summer periods (June-August) of the grant. They will also provide assistance with bike rodeos (2 per school district/community) conducted within the participating school districts/communities. They may also participate in the Bicycle Colorado train-the-trainer session(s) as desired. Work under this scope of work will be supervised and directed by Liz Young, Turn Around Bikes Director. Timeline It is estimated that work can begin early July and will be completed by September 30,2016. Tasks will be on-going during this timeframe. Cost Estimate — Budget Work will be billed to the County on a monthly or quarterly basis. A total of $15,000.00 is budgeted to cover staff time and mileage reimbursement. End of Exhibit A Hello