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HomeMy WebLinkAbout20-84 Via Mobility Transportation Agmt 09-23-2020RESOLUTION N0.20-84 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE, TOWN OF FIRESTONE AND VIA MOBILITY SERVICES FOR TRANSPORTATION SERVICES FOR ELIGIBLE TOWN RESIDENTS WHEREAS, Via Mobility Services ("Via") can provide transportation for residents of the Town of Firestone ("Town") who are aged 60 or older or have a disability and are registered with Via Mobility Services; and WHEREAS, Via will transport cligible residents to locations within the Town and certain areas outside of the Town as agreed upon by the Town and Via; and WHEREAS, the Board of Trustees finds that Via's service is of public benefit as it provides transportation services for those eligible residents in need of such services. NOW, THEREFORE; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COL ORADO: The Transportation Services Agreement between the Town of Firestone and Via Mobility Services 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 231d day of September, 2020. ATTEST: Koenig, CM Clerk Town Attorney TOWN OF FIRESTONE, COLORADO obi Sindhlzlr, Mayor TRANSPORTATION SERVICES AGREEMENT THIS TRANSPORTATION SERVICES AGREEMENT (the "Agreement") is made this 17th day of September, 2020, between Via Mobility Services ("Via"), a Colorado nonprofit corporation, and the Town of Firestone (the "Recipient"), a Statutory Town located in Weld County, State of Colorado. WHEREAS, Via provides the transportation services described in Attachment A; and WHEREAS, Recipient wants the transportation services described in Attachment A. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: 1. TERM. The term of this Agreement is from September 24, 2020 through December 31, 2021, unless one of the parties terminates the Agreement prior to the end date, in which case, written notice of termination is required no less than fifteen (15) days prior to the proposed termination date. 2. SCOPE OF WORK. Via will perform the transportation services in the service area described in the Scope of Work attached hereto as Attachment A. Via will also provide the personnel and management needed to carry out its performance. 3. PAYMENT. In consideration for its services under this Agreement, Recipient must pay Via for its performance of the services described in Section 2 as follows: A. Recipient will pay Via a revenue rate of $80.00 per service hour for the term of this Agreement in accordance with the terms described in Amendment B. 4. RECIPIENT'S RESPONSIBILITIES. A. Recipient's staff will work with Via's staff to promote the service to those who are eligible for the services under this Agreement through social media; websites, news releases, and direct contact (e.g. email and presentations). B. As soon as practicable, Recipient will notify Via of any events in the service area described in Attachment A that will impact Via's performance of services under this Agreement, including without limitation closures, observed holidays, inclement weather, or emergency situations. 5. INSURANCE. Via agrees to procure and maintain, at its own cost, the policy or policies of insurance described below. Via will continuously maintain all coverages from the date of commencement of services under this Agreement. A. Workers' Compensation insurance to cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for each employee engaged in the performance of Work under this Agreement, and Employers' Liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000) for each accident, Five Hundred Thousand 1 Dollars ($500,000) for each employee for disease. B. Commercial General Liability insurance with minimum combined single limits of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) aggregate. The policy will be applicable to all premises and operations. The policy will include coverage for bodily injury, broad form property damage (including complete operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy will contain a severability of interests provision. C. Commercial Automobile Liability insurance with a minimum combined single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000) each occurrence with respect to each of Via's owned, hired and/or non -owned vehicles assigned to or used in performance of the services. The policy will contain a severability of interests provision. The policy will include coverage for uninsured/underinsured motorists. G. INDEMNIFICATION. Via agrees to indemnify and hold harmless Recipient and its agents, officers, directors, employees, and volunteers (collectively "Indemnitees") from and against all damages, losses, liens, cause of action, judgment, expenses (including attorney's fees) and other claims of any nature (collectively "claims") by any person or entity, arising out of, caused by, or resulting from Via's performance under this agreement. This provision will survive the termination of this contract for any reason. 7. TERMINATION. Either party may terminate this Agreement upon providing fifteen (15) days written notice to the other party. Recipient will be responsible for paying Via for its performance up to the effective termination date. 8. INDEPENDENT CONTRACTOR. Via is an independent contractor, and Via's employees, agents, and representatives shall not be deemed Recipient's employees. Nothing in this Agreement shall be deemed to create a partnership, joint venture, employer/employee or other relationship with Recipient other than as a contracting party and independent contractor. 9. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. Via operates its services, programs, and activities without regard to race, color, national origin (ancestry), religion (creed), gender, gender expression, age, disability, marital status, sexual orientation, military status, or any other status protected by local, state, or federal law. Via abides by the provisions of all applicable civil rights laws and regulations, including without limitation: Title VI of the Civil Rights Act of 1964; the Americans with Disabilities Act (ADA); and the Older Americans Act (OAA). In addition, Via is an equal opportunity employer and complies with all local, state, and federal law concerning equal employment opportunity, including without limitation Title VII of the Civil Rights Act of 1964. 10, IMMIGRATION STATUS OBLIGATIONS A. Via certifies, through signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that Via will participate in the United States Government's E-Verify Program or the 2 State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work tinder the public contract for services. B. Via shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this Agreement; or (2) Enter into a contract with a subcontractor that fails to certify to the Via that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. C. Via shall affirm as required by C.R.S. § 8-17.5-102 (c) (II) the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. D. Via is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. E. If Via obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, Via shall be required to: 1) Notify the subcontractor and Recipient within three days that the Via has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub -subparagraph (B) (2) the subcontractor does not stop employing or contracting with the illegal alien; except that the Via shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Via shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawfiil duties pursuant to C.R.S. 8-17.5-101 et seq., as amended from time to time. G. If Via violates any of the provisions set forth in this section, Recipient may terminate the Agreement and Via shall be liable for all actual and consequential damages incurred by Recipient. 11. MISCELLANEOUS. A. Governing Law and Venue. This Agreement will be governed by the laws of State of Colorado, and any legal action concerning the provisions hereof must be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or waiver of any one or more defaults or breaches of this Agreement by either Recipient or Via will not constitute a waiver of any of the other terms or obligations of this Agreement. C. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Via and Recipient, superseding all prior oral and written communications. D. Notices. Any notice under this Agreement must be in writing, and shall be deemed sufficient when hand delivered or sent pre -paid, first class United States Mail, addressed as follows: Via: Via Mobility Services Attn: Frank W. Bruno, Chief Executive Officer 2855 N. 63rd Street Boulder, Colorado 80026 Email: fbruno@viacolorado.org Phone: 303-473-2881 Recipient: Town of Firestone Attn: A.J. Krieger, Town Manager 151 Grant Avenue Firestone, CO 80520 Email: alcrieger rr firestoneco.gov Phone: 303-531-6255 )✓. Severability. If any provision of this Agreement is found by a court to be unlawful or unenforceable for any reason, the remaining provisions hereof will remain in full force and effect. F. Assi moment. Neither Via nor Recipient may assign or otherwise -transfer this Agreement in whole or part without the prior tivritten consent of the other party. G. Amendments. This Agreement may only be amended or modified by a written instrument executed by both the Via and the Recipient. H. Non -Waiver, Nothing herein shall be deemed a waiver of the immunities, rights, protections and ]imitations afforded Recipient in accordance with the Colorado Governmental Immunity Act C.R.S. 24-10- 101 et sed as same may be amended from time to time. 4 IN 1�4�ITNCSS WHI;RI;Or, the parties have signed this Agreement on the clate first set forth above. VIA MOBILITY SI;RVICI;S W. Bruno, CEO TOWN Or TIRCSTONI; By: L�obt3► Slr��j0.Yel ATTEST: Koenig, Town TO FOR�7I: William I'�a�ashi, Town Attorney TOWN 5 ATTACHMENT A STATEMENT OF WORK 1. TRANSPORTATION SERVICES. The transportation services that are the subject of this Agreement (referred to as "Via paratransit services" or "VPT service(s)") are defined as Via's driver assisted, door-to-door transportation in a wheelchair -accessible vehicle for eligible residents that can be booked by phone to Via or through Via's online portal and occurs within the service area. 2. ELIGIBLE RESIDENTS. Eligible residents are defined as residents of the Town of Firestone and who (1) are aged 60 and older, or (2) adult residents of any age who have a disability, and (3) are registered with Via as VPT clients. The parties acknowledge that Via's client registration process is based on an honor system, meaning that people may register for VPT services by phone with a Via employee, giving personal information about where they live, their ages, and disability status; Via accepts such information as true and does not verify it. The parties agree that this is an acceptable process for determining eligibility For receiving VPT services. In addition, Recipient may make its own assessment of an individual's eligibility and advise Via that a particular Firestone resident is or is not eligible for VPT service and Via will decline service to that individual. The parties may re -define who is an eligible resident at any time by amending this Agreement. 3. SERVICE AREA. The service area includes the town limits of Firestone and those destinations outside of Firestone as set forth in Statement of Work Attachment A-1 Awhich is included herein and made a part of this Agreement. The patties may adjust the service area at any time by amending this Agreement. 4. SERVICE DAYS AND TIMES. Via shall provide VPT service on the following days of the week at the following times: (a) Mondays, Tuesday, and Wednesdays, unless a day falls on a federal holiday. (b) 8 AM to 2 PM. The parties agree that Via may schedule rides to begin at either 8 AM or 2 PM, with the result that the beginning of the drive time could begin earlier than 8 AM and that a trip may be completed after 2 PM. The patties may adjust the service days and times at any time by amending this Agreement. 5. VEHICLE(S). Via will provide one wheelchair -accessible vehicle with the capacity for at least six passengers (including up to two passengers in wheelchairs) for the VPT services. Via may replace any vehicle it uses for the VPT service at any time with another vehicle of similar passenger capacity. The parties may change the number and/or passenger capacity of vehicles provided for the service at any time by amending this Agreement. ATTACHMENT B RATES) ANll PAYMENT SCHEDULE VPT Services I. RATE PER SERVICE HOUR. The parties agree that Via will provide one driver per vehicle. The cost of the VPT service is $80 per service hour for each bus used (see Attachment A). The service hour includes the time each driver assigned to the VPT service spends: (a) Performing the pre -trip vehicle inspection at the facility where the Via vehicle is parked overnight. In general, the vehicle will be kept overnight in Firestone, Dacono, or Frederick; but in some instances, the vehicle may have to be kept overnight for maintenance work at Via's main facility at 2855 N. 63`d Street, Boulder, CO 80301. (b) Driving the vehicle to the first scheduled pickup in the service area. (c) Taking agreed upon breaks during the VPT service hours, 30 minutes for every 4-8 hours worked. (d) Driving from the last drop-off of the day to the agreed upon overnight parking place, or if needed, to Via's main facility. (e) Performing the post -trip inspection of the vehicle. 2. INVOICING FOR VPT SERVICES. Via will invoice Recipient monthly. Invoices are payable within thirty (30) days of receipt.