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HomeMy WebLinkAbout26-23 Approving Reimbursement Agreement with Town of Frederick for Mobility Services – 03.18.2026RESOLUTION NO. 26-23 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO APPROVING A REIMBURSEMENT AGREEMENT WITH THE TOWN OF FREDERICK REGARDING VIA MOBILITY SERVICES WHEREAS, the Town of Firestone ("Firestone") entered into a Transportation Services Agreement ("Agreement") with Via Mobility Services ("Via") which provides that Via will transport eligible residents of both Firestone and the Town of Frederick ("Firestone") to locations as agreed upon by Firestone and Via; and WHEREAS, the Agreement provides that Via shall bill Firestone on a monthly basis and that Firestone shall receive reimbursement from Frederick for transportation services provided to Frederick's residents; and WHEREAS, Firestone and Frederick propose a Reimbursement Agreement whereby Frederick shall be billed on a monthly basis and be responsible for payment of the percentage of the rides provided to its residents; and WHEREAS, Firestone and Frederick find that a Reimbursement Agreement is beneficial to both parties as Via provides driver assisted transportation services to eligible residents who are registered with Via for paratransit services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Reimbursement Agreement between the Town of Firestone and the Town of Frederick is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this ( ay of March 2026. WN OFF ST COLORADO on Conyac . or V Missy Carranco, Deputy Town Clerk (h SEAL APPROV S TO FORM: eith M tin Town omey AGREEMENT FOR REIMBURSEMENT THIS AGREEMENT ("Agreement") is entered into by and between the TOWN OF FIRESTONE ("Firestone"), a Colorado statutory municipality, and the TOWN OF FREDERICK ("Frederick"), a Colorado statutory municipality, for reimbursement of transportation services between the Town of Firestone Colorado and the Town of Frederick Colorado. WHEREAS, Firestone has entered into a Transportation Services Agreement with Via Mobility, an executed copy of which is attached hereto as Exhibit A, which provides driver assisted, door-to-door transportation in a wheelchair accessible van for persons 60 years of age and older and adult residents of any age with a disability and persons who are registered with Via Mobility for paratransit services; and WHEREAS, Via Mobility's fee is $100.00 per service hour, which includes the services as set forth in Via Mobility's Statement of Work and for which Via Mobility bills Firestone on a monthly basis; and WHEREAS, The Transportation Services Agreement provides that Frederick's eligible residents may also receive Via Mobility's transportation services and that Firestone will seek reimbursement from Frederick for the costs for such services. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS MADE HEREIN, FIRESTONE AND FREDERICK AGREE AS FOLLOWS: Payment Obligation. a. Firestone shall upon receipt of its monthly bill from Via Mobility determine what percentage of the rides were provided to Frederick residents and Frederick shall be billed that percentage amount of the total monthly bill. b. Firestone shall submit its percentage calculation and the amount due Firestone to Frederick's Finance Department. Upon receipt of an invoice that identifies rides provided to Frederick residents, Frederick shall confirm it agrees the recipients of the rides were Frederick residents and reimburse Firestone for services to Frederick as a percentage of the total monthly service at the contracted rate of $100.00 per hour, based on "total client trips + rider trips" identified on the Via invoice. Frederick will inform Firestone of any discrepancies and, if there are none, payment shall be made in full by Frederick to Firestone within thirty days of receipt of such statement. c. If Frederick identifies any discrepancies. the parties will work together in good faith to resolve the same. Frederick shall pay the undisputed amount within thirty days of receipt f opof the original statement and will promptly pay any disputed amounts upon resolution dispute. 2. Miscellaneous. (a) Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in Weld County (b) Counterparts: This Agreement may be executed in two or more counterparts. using manual or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one and the same document. Page 1 of 4 FIRESTONE (c) Severability: If any term, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be binding upon the parties. (d) Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements. representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement. modification, or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by any party to this Agreement except as specifically set forth in this Agreement or in any instrument delivered pursuant to this Agreement. (e) Default/Attomey's Fees: In the event of default of any of the provisions herein, the parties shall pay their own costs, including attorney's fees. (f) No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by either party shall not constitute a waiver of any of the other terms or obligations of this Agreement. (g) Assignment. Neither party may assign or transfer this Agreement or any obligations or duties set forth in this Agreement. (h) This Agreement shall continue for the term of Firestone's current Transportation Services Agreement with Via Mobility. (i) Termination. Either party may terminate this Agreement by providing thirty days' written notice to the other party. (j) Any amendment to Firestone's Transportation Services Agreement shall not be binding upon Frederick until the parties have amended this Agreement to include such amendment. (k) Effective Date. This Agreement shall be effective on the date upon which it has been executed by both parties. [SIGNATURE PAGE FOLLOWS] =age 2 31 4 FIRESTONE TOWN OF FIR N Don Conya r DATE —I?—.OZJ AT EST: Missy Carranco, Deputy Town Clerk APPRPYOFORM: Maraj14<gTth Martin,Qwn Attorney SEAL TOWN OF FREDERICK Trade Crites, Mayor DATE ATTEST: Tricia David, Town Clerk APPROVED AS TO FORM: ,1 n Meyers To Attorney Page 3 of 4 FIRESTONE EXHIBIT A (attach executed copy of Transportation Services Agreement between Firestone and Via Mobility) Page 4 of 4 FIRFSTONE