HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/2021 - ITEMS RELATING TO FLEX ROUTE REGIONAL TRANSIT SERV Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY February 16, 2021
City Council
STAFF
Drew Brooks, Director of Transit
Claire Havelda, Legal
SUBJECT
Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements.
EXECUTIVE SUMMARY
A. Resolution 2021-018 Approving an Intergovernmental Agreement with the City of Loveland for Flex Route
Regional Transit Services.
B. Resolution 2021-019 Approving an Intergovernmental Agreement with the Town of Berthoud for Flex
Route Regional Transit Services.
C. Resolution 2021-020 Approving an Intergovernmental Agreement with the County of Boulder for Flex
Route Regional Transit Services.
D. Resolution 2021-021 Approving an Intergovernmental Agreement with the City of Boulder for Flex Route
Regional Transit Services.
E. Resolution 2021-022 Approving an Intergovernmental Agreement with the City of Longmont for Flex Route
Regional Transit Services.
The purpose of this item is to enter into agreements with Transfort’s FLEX Partners whereby the parties wi ll
contribute funds toward the operating cost of the FLEX regional bus route that travels from Fort Collins,
through Loveland, Berthoud, and Longmont, to Boulder. Each entity contributes a percentage of funds based
on the ridership in each jurisdiction. Th e FLEX Partners will further the goals of regional connectivity through
transit.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Since 2016, the City has entered into five (5) separate agreements with the City of Loveland, Town of
Berthoud, City of Longmont, City of Boulder (whose financial contributions also cover FLEX routes with the
University of Colorado), and Boulder County that allow the City of Fort Collins to operate the FLEX regional
route with partner contributions from all five entities. Colorado State University also contributes financially to
the operation of FLEX through a separate IGA that was previously executed between the City of Fort Collins
and Colorado State University.
Because FLEX service was briefly suspended in 2020 due to the COVID-19 pandemic, savings from the lack
of operation were deducted from the amount due by the partners in 2021. The chart below outlines the amount
Agenda Item 9
Item # 9 Page 2
owed by each partner agency, as well as the percent passenger ac tivity that determines the funding
contribution.
Additional financial contributions toward the operation of the FLEX route includes fares, grant funding, and
Regional Transportation District (RTD) EcoPass reimbursement. The total breakdown of contributio ns is as
follows:
This Resolution allows the City Manager to sign the 2021 agreements as well as subsequent annual IGAs for
up to five years, providing there are only minor changes to the structure and payment schedule of the IGAs.
Authorizing the City Manager to approve these changes offers the ability to quickly react to changing
circumstances of the COVID-19 pandemic and other unforeseen events.
CITY FINANCIAL IMPACTS
The funds for the expenditure and reimbursement for transit services were appr opriated previously through the
Budget for Outcomes Process therefore no appropriation action is required with this item. Additionally, there
are no additional financial impacts as this IGA provides for expenditures on services to be reimbursed by the
FLEX Partners.
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RESOLUTION 2021-018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
LOVELAND FOR FLEX ROUTE REGIONAL TRANSIT SERVICES
WHEREAS, since 2016, the City has entered into an intergovernmental agreement
(“IGA”) with the City of Loveland (“Loveland”) to provide Flex Route Regional Transit Service;
and
WHEREAS, both the City and Loveland contribute a percentage of funds based on the
ridership of each jurisdiction; and
WHEREAS, through the partnership, regional connectivity transit goals are met, and City
Council wishes to continue to offer these services; and
WHEREAS, in 2020, a brief suspension of FLEX Transit Service, due to the COVID -19
pandemic, resulted in savings for operational costs to the City; and
WHEREAS, a portion of these savings to the City will be deducted from the amount
Loveland contributes to the FLEX Regional Transit Service in 2021; and
WHEREAS, the funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process; thus no
appropriation action is required with this item; and
WHEREAS, this Resolution comes before City Council to authorize the attached IGA for
Flex Route Regional Transit Service between the City of Fort Collins and Loveland substantially
in the form attached hereto as Exhibit “A” and incorporated herein by this reference (the “IGA”);
and
WHEREAS, City Council wishes to authorize the execution of the IGA finding it in the
best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Manager to execute the
IGA in substantially the form attached hereto as Exhibit “A,” together with such modifications
and additions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes of this
Resolution as set forth above.
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Section 3. That during the term of the IGA the City Manager, in consultation with the
City Attorney, is also authorized to approve and execute amendments to the IGA consistent with
this Resolution so long as the City Manager determines such amendments: (a) are reasonably
necessary and appropriate to protect the City’s interests or provide a benefit to the City; (b)
effectuate the purposes of this Resolution; and (c) limit the City’s financial obligation to
expenditure of funds already appropriated and approved by Council or conditioned upon such
appropriation.
Passed and adopted at a regular meeting of the Council of the City of Fort Co llins this
16th day of February, A.D. 2021.
Mayor
ATTEST:
City Clerk
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
CITY OF LOVELAND
This Agreement is made this _____ day of _______, 2021 between the City of Fort Collins,
Colorado, a municipal corporation (hereinafter “Fort Collins”), and the City of Loveland,
Colorado, a municipal corporation (hereinafter “Loveland”) (collectively the “Parties” or singularly the
“Party”).
RECITALS
WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins
and Loveland; and
WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter “Transfort”);
WHEREAS, FLEX is a regional connector bus service operated by Transfort in partnership
with Loveland, Berthoud, Longmont, City of Boulder, Boulder County and University of Colorado
(hereinafter “Partners”) to provide services to said communities pursuant to separate Intergovernmental
Agreements; and
WHEREAS, Transfort is willing and able to extend FLEX services along the U.S. Highway 287
and Highway 119 corridors between Fort Collins and Boulder (hereinafter “FLEX”) with stops in Fort
Collins, Loveland, Longmont, and Boulder; and
WHEREAS, Fort Collins intends to execute agreements with the other Partners to address
such Partners’ obligations regarding the FLEX bus service; and
WHEREAS, the Parties have determined that significant economic and efficiency benefits result
for each Party through the provision of FLEX by Transfort.
NOW, THEREFORE, in consideration of the mutual promises herein and other good and
valuable consideration, receipt and adequacy of which is acknowledged, the Parties agree as follows: 1.Fort Collins shall provide regional connector bus service, FLEX, in accordance with the terms of this
Agreement and as specifically identified and described in Exhibit A, attached hereto and incorporated
herein by this reference, throughout the term of this Agreement. The services identified and described in
Exhibit A are subject to increase, modification, reduction, and termination pursuant to this Section 1 and
Sections 5 of this Agreement.
a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its sole
discretion, to the extent Fort Collins determines appropriate given the demand for service and
available resources. Prior to providing additional service at Fort Collins’ expense, Fort Collins shall
provide advance written notice to Loveland. If Fort Collins desires to increase service with
contribution from Loveland, Loveland’s prior written agreement to such increased service shall be
required. If the Parties agree to the increased service, Fort Collins and Loveland will amend Exhibit
EXHIBIT A
Page 2 of 8
A and Exhibit B and the respective cost share associated with the change. If the Parties do not agree
to increase contribution and service, then Fort Collins reserves the right to modify the service
pursuant to paragraph (b) below to accommodate demand. Any such additional service that exceeds
the services described in Exhibit A may be reduced or stopped by Fort Collins, at its sole discretion.
Prior to reducing or stopping any such additional service, Fort Collins will make reasonable efforts
to provide 30 days of advance written notice to the Partners.
b. In the event Fort Collins determines that circumstances require modification of FLEX services as
described in Exhibit A to better accommodate the demand for service or the efficient provision of
service, Fort Collins shall be entitled to implement such modification at its sole discretion. Fort
Collins will make reasonable efforts to provide 30 days of advance written notice of any such
modification to the Partners.
2. This Agreement shall commence on January 1, 2021 and shall continue in full force and effect until
December 31, 2021, unless sooner terminated as herein provided.
3. Fort Collins agrees that all services provided under this Agreement shall be consistent with Transfort system
operating policies and procedures, as the same may be amended in Fort Collins’ sole discretion, and that
all such services shall be consistent with the Transfort operation schedule.
4. In consideration of the services provided by Fort Collins under this Agreement, and the mutual financial
commitments herein made, City of Loveland agrees to contribute to the direct and indirect costs of
operating FLEX, as supplemented by such additional federal or state grant funds as may be available
therefor. The Parties agree to use ridership data to formulate the cost share associated with each entity.
Based on average ridership data from 2017, 2018 and 2019 for of this Agreement, City of Loveland shall
pay to Fort Collins the amount $292,307, for the year 2021 for its share of direct and indirect costs of
operating FLEX subject to any cost share adjustment pursuant to Section 7 or need for additional service
pursuant to Section 1. City of Fort Collins currently maintains and administers Loveland’s portion of the
Urbanized Area Formula Funding (49 U.S.C. 5307) grant funds (the “5307 Funds”). City of Loveland will
allow City of Fort Collins to withhold 50% in the amount of $146,154 from its balance of 5307 Funds
from the Fiscal Year 2020. City of Loveland will remain responsible for the remaining amounts owed
under this IGA after deduction of the 5307 Funds, in the amount of $146,153. Fort Collins will invoice
Partners in the first quarter of 2021 for the FLEX service provided in 2021. Such payment shall be made
within 60 days after receipt of an invoice.
5. Any additional revenues collected by Loveland from the operation of FLEX, shall be remitted to Fort
Collins. Such revenue, and any additional revenues collected by Fort Collins from the operation of FLEX,
shall be used to supplement FLEX operation expenses and will equally benefit the Parties.
6. The Parties agree to run a ridership analysis on a triennial basis and adjust cost shares according to ridership
quantities relative to each Partner. Ridership data will be an average of the previous year of service.
7. The Parties acknowledge and agree that the budget proposal for operation of FLEX for the term of this
Agreement includes projected FLEX Fare Revenue and anticipated revenues from bus fares pursuant to
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Section 9 (“FLEX Fare Revenue”). If FLEX Revenue and FLEX Fare Revenue for the term of this
Agreement is insufficient to meet the budget for operation of FLEX, the Parties may elect to appropriate
and pay their prorata share of any shortage. If either Party does not appropriate and pay its prorata share
of the shortage in FLEX Revenue and FLEX Fare Revenue, Fort Collins in its sole discretion may reduce
FLEX services as necessary to reduce operating expenses in an amount sufficient to address such a shortage
or terminate FLEX service. Prior to any reduction in service or termination, Fort Collins shall provide
advance written notice to Loveland.
8.Fort Collins Transfort buses will utilize existing RTD stops in Boulder, or as otherwise agreed by the Parties.
9.The basic cash fare to be charged for FLEX shall be One Dollar and Twenty Five Cents ($1.25) per ride.
Notwithstanding, Fort Collins in its sole discretion shall be entitled to modify the fare to be charged as
necessary for the efficient and cost-effective operation of FLEX, provided that advance written notice of any
such modification is provided to Loveland. All Fort Collins discounted fare categories for Transfort bus
service will apply to FLEX. Fort Collins shall collect any fares due from passengers and accurately record
and account for such fare receipts and ridership levels. Fort Collins shall prepare quarterly reports of such
receipts and ridership levels and shall provide such quarterly reports to Loveland.
10.All Fort Collins and City of Loveland bus pass programs will be accepted as full fare to ride FLEX. Transfers
from FLEX to the Transfort or COLT bus systems will be honored. The Regional Transportation District
(hereinafter “RTD”) Eco Pass will be accepted as full fare to ride FLEX, but free transfers from FLEX to
RTD will not be honored.
11.Each Party shall designate a representative, who shall be responsible for managing such Party’s performance
of the terms of this Agreement, and shall provide the other Party with written notice thereof, along with
address, telephone, and email information. All notices to be provided under this Agreement shall be
provided to such designated representatives and to the parties listed below. Any notice pursuant to this
Agreement shall be hand-delivered or sent by certified mail, return receipt requested, and addressed to
the designated representative. Any such notice shall be deemed given upon hand -delivery to the
designated representative or their address or three (3) days after mailing.
If to Fort Collins:
City of Fort Collins
Transfort & Parking Services Director
City of Fort Collins
250 N. Mason Street
Fort Collins, CO 80522
With a copy to:
City Attorney
Page 4 of 8
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to Loveland:
Public Works Director
City of Loveland
2525 West 1st Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street, Suite 300
Loveland, CO 80537
12.The Parties agree to cooperate fully in the development and implementation of any surveys or studies
undertaken by the other Party to evaluate demand, usage, cost, effectiveness, efficiency, or any other factor
relating to the success or performance of FLEX or the need for such service. However, such cooperation
shall not require the expenditure of funds more than the specific amounts set forth in Section 4 and Exhibit
B unless approved in writing and appropriated by the Parties.
13.The Parties acknowledge that their obligations under this Agreement are subject to annual appropriation
by the governing body of each respective Party and shall not constitute or give rise to a general obligation
or other indebtedness of either Party within the meaning of any constitutional or statutory provision or
limitation of the State of Colorado nor a mandatory charge or requirement against either Party in any
ensuing fiscal year beyond the current fiscal year. If the governing body of either Party shall fail to budget
and appropriate funds for its share of expenses as described in this Agreement, then this Agreement
shall terminate as of the end of the fiscal year for which such funds were last budgeted and appropriated.
14.In the event a Party has been declared in default, such defaulting Party shall be allowed a period of thirty
(30)days within which to cure said default. In the event the default remains uncorrected, the Party declaring
default may elect to terminate the Agreement and so notify the defaulting Party in writing. Any amounts
due to the non-defaulting Party shall be paid within fifteen (15) days of the date of notice of termination is
received.
15.Liability of the Parties shall be apportioned as follows:
a.Fort Collins shall be responsible for all claims, damages, liability and court awards, including
costs, expenses, and attorney fees incurred, as a result of any action or omission of Fort Collins or its
officers, employees, and agents, in connection with the performance of this Agreement.
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b.Loveland shall be responsible for all claims, damages, liability and court awards, including costs,
expenses, and attorney fees incurred, as a result of any action or omission of Loveland or its officers,
employees, and agents, in connection with the performance of this Agreement.
c.Nothing in this Section 15 or any other provision of this Agreement shall be construed as a
waiver of the notice requirements, defenses, immunities, and limitations the Parties may have under
the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S. et seq.) or any other defenses,
immunities, or limitations of liability available to any Party by law.
16.This Agreement embodies the entire agreement of the Parties. The Parties shall not be bound by or be
liable for any statement, representation, promise, inducement or understanding of any kind or nature not
set forth herein.
17.No changes, amendments or modifications of any of the terms or conditions of this Agreement shall be
valid unless reduced to writing and signed by the Parties, except as provided herein.
18.The laws of the State of Colorado shall be applied to the interpretation, execution and enforcement of this
Agreement.
19.Any provision rendered null and void by operation of law shall not invalidate the remainder of this
Agreement to the extent that this Agreement is capable of execution.
20.Either Party's failure to enforce any provision of this Agreement shall not in any way be construed as a
waiver of any such provision or prevent that Party thereafter from enforcing each and every other
provision of this Agreement.
21.This Agreement does not and is not intended to confer any rights or remedies upon any Loveland or person
other than the Parties.
22.This Agreement may be executed by electronic signature in accordance with C.R.S. 24-71.3-101 et seq.
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: ___________________________________
Darin Atteberry, City Manager
CITY OF LOVELAND, COLORADO
a municipal corporation
By: __________________________________
Stephen C. Adams, City Manager
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
ATTEST:
_______________________
Asst City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
Page 7 of 8
EXHIBIT A
FLEX service will be provided within the following parameters:
• Days of Service: Monday – Friday (between the cities of Fort Collins and Boulder) and Monday –
Saturday (between the cities of Fort Collins and Longmont). No service is provided on New Year’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
• Hours of Service: 5AM – 8 PM
• Frequency of Service: 60 Minutes
Service Area Maps:
Page 8 of 8
EXHIBIT B
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RESOLUTION 2021-019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF
BERTHOUD FOR FLEX ROUTE REGIONAL TRANSIT SERVICES
WHEREAS, since 2016, the City has entered into an intergovernmental agreement
(“IGA”) with the Town of Berthoud (“Berthoud”) to provide Flex Route Regional Transit
Service; and
WHEREAS, both the City and Berthoud contribute a percentage of funds based on the
ridership of each jurisdiction; and
WHEREAS, through the partnership, regional connectivity transit goals are met, and City
Council wishes to continue to offer these services; and
WHEREAS, in 2020, a brief suspension of FLEX Transit Service, due to the COVID -19
pandemic, resulted in savings for operational costs to the City; and
WHEREAS, a portion of these savings to the City will be deducted from the amount
Berthoud contributes to the FLEX Regional Transit Service in 2021; and
WHEREAS, the funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process; thus no
appropriation action is required with this item; and
WHEREAS, this Resolution comes before City Council to authorize the attached IGA for
Flex Route Regional Transit Service between the City of Fort Collins and Berthoud substantially
in the form attached hereto as Exhibit “A” and incorporated herein by this reference (the “IGA”);
and
WHEREAS, City Council wishes to authorize the execution of the IGA finding it in the
best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Manager to execute the
IGA in substantially the form attached hereto as Exhibit “A,” together with such modifications
and additions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes of this
Resolution as set forth above.
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Section 3. That during the term of the IGA the City Manager, in consultation with the
City Attorney, is also authorized to approve and execute amendments to the IGA consistent with
this Resolution so long as the City Manager determines such amendments: (a) are reasonably
necessary and appropriate to protect the City’s interests or provide a benefit to the City; (b)
effectuate the purposes of this Resolution; and (c) limit the City’s financial obligation to
expenditure of funds already appropriated and approved by Council or conditioned upon such
appropriation.
Passed and adopted at a regular meeting of the Council of the City of Fort Co llins this
16th day of February, A.D. 2021.
Mayor
ATTEST:
City Clerk
INTER GOVERNMENTAL AGREEMENT FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND THE TOWN OF BERTHOUD This Agreement is made this _____ day of _______ , 2021, between the City of Fort Collins, Colorado, a municipal corporation (hereinafter "Fort Collins"), and the To\Vll of Berthoud, a public body corporate and politic (hereinafter "Entity") (collectively the "Parties" or singularly the "Party"). RECITALS WHEREAS, the Parties desire to provide regional connector bus service betw een Fort Collins and Entity; and WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter ''T ransfort"); WHEREAS, FLEX is a regional connector bus seivice operated by Transfort in partnership with Loveland, Berthoud, Longmont, City of Boulder, Boulder County and Colorado University (hereinafter "Partners") to provide services to said communities pursuant to separate Intergovernmental Agreements; and WHEREAS, Transfort is willing and able to extend FLEX services along the U.S. Highway 287 and Highway 119 corridors between Fort Collins and Boulder (hereinafter "FLEX") with stops in Fort Collins, Loveland, Berthoud, Longmont, and Boulder; and WHEREAS, the Parties have determined that significant economic and efficiency benefits result for each Party through the provision of FLEX by Transfort. NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, receipt and adequacy of which is acknowledged, the Parties agree as follows: 1.Fort Collins shall provide connector bus seivice, FLEX, in accordance with the terms of this Agreementand as specifically identified and described in Exhibit A, attached hereto and incorporated herein by thisreference, throughout the term of this Agreement. The services identified and described in Exhibit A aresubject to increase, modification, reduction, termination, and pursuant to this Section 1 and Sections 14of chis Agreement.a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its solediscretion, to the extent Fort Collins determines appropriate given the demand for service andavailable resources. Prior to providing additional service at Fort Collins' expense, Fort Collins shallprovide advance written notice to the Partners. Prior to providing additional service with Partnercontribution, Fort Collins and the Partners \vill amend Exhibit A and the respective cost shareassociated with the change. If the Partners ,md Fort Collins cannot agree to amend Exhibit A forthe additional service then any such additional service that exceeds the services described in ExhibitA may be reduced or stopped by Fort Collins, at its sole discretion. Prior to reducing or stoppingEXHIBIT A
any s uch addit iona l service, Fort Collins w ill make r easo nable effo rts to provide 30 d ays of advance
written n o tice to the Partne rs.
6 . In the eve nt Fo rt Co llins determines that circ ums tances require mo dificatio n o f FLEX serv ices as
d escribed in Exhibit A to better accommodate the d e mand for service or the e ffi c ient provision of
se rvic e, Fo rt Co llin s s h a ll be e ntitled t o implement s uch m o dificatio n at its sole disc retio n. Fo rt
Collins w ill m ake reason a ble effo rts to provid e 30 days o f adva n ce written n o tice of any su ch
m o dificatio n to the Partne rs .
2. This Agreem e nt s h a ll comme n ce o n Ja nuary 1, 202 1 and shall co ntinue in full force and e ffect until
D ece mbe r 3 1, 202 1 unless soo ne r te rmina ted as h e re in provided.
3. Fo rt Co llins agrees that a ll se rvices provided unde r this Agreeme nt s h a ll be con sis te nt with Trans fort syste m
o perating polic ies and procedures, as the sa me may b e a m e nded, from time to time, in Fort Collin s' sole
disc r etio n, a nd t hat all s uc h se rvices s h a ll b e co n s is te nt with the Tra n sfo rt operatio n sc hedule.
4. In co n side ratio n o f the se rvices provided by Fort Collins unde r this Agr ee me nt, a nd the mutua l finan cia l
commitme nts h e re in m ade, T own o f Bertho ud agrees t o contribute to the direc t and indir ect costs of
operating FLEX, as s upplem e nted by s uch add itio nal fed eral o r state g ra nt fund s as may b e ava ilable
the refo r. The Parties agree to use ride rship data to fo rmulate the cost share assoc iated with eac h e ntity.
Ba sed on average riders hip data from 20 17, 20 18 a nd 2019, for each te rm o f this Agreem ent, T own of
Berth o u d sh a ll pay to Fo rt Collins the amount of $38,127 fo r the year 2021 for its share of direct a nd
indirect costs o f o perating FLEX s ubj ect to an y cost share adjustme nt pursuant to Section 7 or n eed for
additional service pursuant to Sectio n 1. The C ity of Fort Collins currently m a intai n s and administe rs
Be rtho ud's portio n of the Urban ized Area Formula Funding (49 U.S.C. 5307) grant funds (th e "5 307
Funds"). Town of Bertho ud will allow t h e City o f Fo r t Collins t o w ithho ld $10,990 from its balance of
5307 Funds from the Fiscal Yea r 2020. T own of Berth o ud will re m a in resp o n sible fo r the re maining
amo unts owed under this IGA afte r deductio n of the 5307 Funds, in the amo u n t of $27,137. Fort Collin s
will invo ice Partners in the first quarter of 202 1 for the FLEX service provided in 202 1. Such payment s h a ll
be made within 60 days afte r receipt of a n invo ice .
5 . Any add itional reve nues collected by Town of Be r thoud fro m the operatio n of FLEX, sh all be re mitted to
Fo r t Collins. Su ch reve nue, and a ny additio n al r eve nues coll ected by Fort Collins fro m the operatio n of
FLEX , sh a ll b e used to su pple me nt FLEX ope ration expe n ses and w ill equally b e n efit the Parties .
6. The Pa rties agree to run a ride rs hip analys is o n a trie nnia l basis and adjust cost s h ares according to r ide rship
q u antities relative to each Partne r. Ride rs hip data will be an average o f the previous yea r of se rvi ce.
7. The Pa rties ac knowledge and agree that the budget p roposal fo r operatio n of FLEX for 2021 (o r a n y
s u bseq u e nt te rm o f t his Agree m e nt if exte nded pursuant to Section 2) includes projected FLEX Reven u e
and a n t ic ipated reve nues from bus fares pursu an t t o Section 9 ("FLEX Fare Reve nue "). If FLEX R eve nue
a nd FLEX Fare R eve nue for 202 1 (or any s ubseque nt term of this Agreeme nt if exte nded pursuan t to
Section 2) is insuffic ient to meet the budget fo r operatio n of FLEX, the Parties may e lect to ap propriate
a nd pay the ir pro rata sh a re o f any s h o rtage. If e ither Party d oes not appropriate a nd p ay its pro rata sh are
Page 2 of 7
of the sh o rtage in FLEX Reve n ue and FLEX Fare R eve nue, Fort Collins in its sole discretio n may r educe
FLEX services as n ecessary to reduce ope rating expe n ses in a n a mo unt sufficie nt to address s uch a sh o r tage
or t e rmin ate FLEX se rv ice. Prior to any reducti on in se rvice o r t er minatio n , Fo rt C ollin s s hall provide
advance written n otice t o the Partn ers.
8. Fort Collins Tra nsfo rt buses will u t ilize RTD stops in Bo u ld er, o r as oth erwise agreed upo n by the Parties.
9. T h e bas ic cas h fare to b e c harged fo r FLEX s h all be One Dollar a n d Twenty Five Cents ($1.25) pe r r ide.
Notwit h s tanding , Fort Collins in its sole discre tio n shall be entitled to m odify the fare to b e ch a rged as
n ecessary fo r the e ffic ie n t and cost-effe ctive opera tio n o f FLEX, provid ed th a t advance wr itten notice of any
suc h m odifi cc1tion is provide d to the P artne rs. A ll Fort Collins discounted fare categories for Transfo rt bus
serv ice will c1p p ly to FLEX. Fo rt C ollins s hall coll ec t any far es due from passe ngers a nd accura tely record
and acco unt for su ch fare r ece ipts a nd r id e rsh ip levels. Fo rt Collins sh a ll prepare quarte rl y r eports of s uch
rece ipts and riders hip leve ls and s hall provide s u ch quarte rly reports t o the Partners.
10. A ll Fo rt C ollins a n d C ity of Loveland bus pass programs w ill b e accepted as fu ll fa r e to ride FLEX.Transfers
from FLEX to the Tra n s fort or COLT bus sys te m s w ill b e honored . The Regio n a l Transpo rtatio n District
(h ere inafter "RTD") Eco Pa ss will be accepted as fu ll fare t o ride FLEX, but fre e tra n sfers fr o m F LEX to
RTD will n ot be h o n ored.
11. Each Party s h a ll d es ig n at e a r epr ese ntative, w h o sh all be res po nsib le fo r managing s uc h Parry's p er fonnc1n ce
of t h e terms of this Agr eeme nt, a nd s h a ll provide t h e oth er Party with writ te n n o t ice t h ereof, alo n g w ith
address, telephone, :md e mail info rmatio n. A ll n o tices to b e p rovided und e r this Agree m e n t shall be
provid ed t o such des ignated represe ntatives . Any notice pursu a nt t o this Agreement shall b e h an d-
d e livered o r se nt by certi fi e d m ail, re turn rece ipt r eques ted, a nd addressed to the d es ignated
re presen tative. Any su ch n o tice shall b e d ee m ed give n upon h a nd-delivery to t h e d es ign a ted
re prese nta tive or the ir address o r t hree (3) d ays afte r mailing.
12. The Parties agree to reaso n ab ly cooperate fully in the d evelopm e nt and imple me ntatio n o f c1n y surveys or
studies unde rtake n by t h e o the r Par ty to evaluate d e m and, u sage, cos t, effec tiveness, effic ie n cy, o r an y oth e r
fa cto r relatin g to the su ccess o r perform c1 n ce o f FLEX o r the need fo r su ch service. H owever , such
cooperation s h all n ot re quire t he expe nditure of fu nds mo re tha n the spec ific a m o u n ts se t for th in Section
4 and Exhibit B u n less approved and appropriated by t h e Parties.
13. The Parties ackno wled ge t h at the ir obligatio n s und er this Ag ree m e nt a r e s ubject to annu a l appropriation
b y the gove rning b ody of each res pective Pa r ty and shall n o t co n s titute o r give rise to a ge n eral obligatio n
or oth e r indebtedn ess of e ithe r Party w ithin the m eaning of a ny con st itutio n a l o r statu tory p rovis io n o r
limit a tion of the S ta te o f Colorado n or a ma n datory ch a rge or r equire m e n t against e ither Party in a n y
e n s uing fisca l yea r b eyo nd t h e c urre nt f isc al year. If t h e gove rning b o dy of e ither Party s hall fa il to budge t
and app ropriate fu nds fo r its s h are of exp e n ses a s desc ribed in th is Agree m e nt, th e n t his Agree m e nt
s h a ll term inate as o f the e nd o f the fi sca l year fo r wh ic h s u ch funds were las t b udge ted and appropr iated.
Page 3 of7
14. In the event a Party has bee n declared in default, su ch d e faulting Party sh a ll be a ll owed notice the reof fr o m
the Party d eclaring d e fau lt and a p e ri od of thirty (30) days within whic h to cure sa id d e fault. In the event
t h e defau lt remains uncorrected, the Party d ecla ring d e fau lt may elec t t o tenninate the Agreeme nt and so
n otify the d e faulting Parry in w riting. Any amoun t' due to the no n-de faulting Parry sh a ll b e paid within
fiftee n ( 15) days of the date o f n o tice of termination is received.
15. Liability of the Parties shall be apportioned as follows :
a. Fort Collins s h all be res po n s ible for a ll claims, damages, li ability a nd court awards , including
costs, expenses , and attorney fe es inc urred, as a r esult o f any action or omiss ion of Fort Collins o r its
officers, e mployees, and age nts, in connectio n with t he performance of this Agreement.
6. T own of Berthoud sh a ll b e res po ns ible for all claims, damages , li ability and court awards ,
including costs, expe n ses, a nd attorney fees incurred, as a result of any action or o miss io n of Town o f
Bertho ud o r its officers, e mployees , and ag e nts , in co nnectio n with the performance of this Agreement.
c. N o thing in this Section 15 or a n y othe r provisio n of this Agree me nt s hall b e con s trued as a
waive r o f the notice requirem e nts, d e fen ses , immunities, and limitations the Parties may have under
the Colorado Governmental Immunity A c t (S ec tion 24-10-101 , C .R.S. et seq.) or any oth er defenses,
immunities, or limitatio ns of liability ava il able to a n y Party by law.
16. This Agreeme nt embodies the e ntire agreeme nt of the Parties. The Parties s h all n ot be bound by or b e
liable for any stateme nt, representatio n, promise , induceme nt o r unde rstanding of any kind or n atu re not
se t forth h ere in.
17. N o c hanges, am endments o r m odifications of any of the terms or conditions o f this Agreeme nt shall b e
valid unless r educed to writing and s ig ned by the Parties, excep t as provided he rein.
18. The laws of the State of C o lo rado shall b e applied to the inte rpre tation, execution and e nforce me nt of this
Ag ree ment.
19. Any provis io n rende red null and void by operatio n of law shall n o t invalidate the remainder of this
Ag reement t o the ext e nt tha t this Agree m e nt is capable of execution.
20. Either Parry's failure to e n fo rce any provis io n of this Agree m e nt s h all n o t in any wa y be co n s trued as a
waive r of any s uc h provis io n o r prevent that Party the rea ft e r fro m e nforcing e a c h and every other
provis io n o f th is Agreeme nt.
2 1. This Agree me nt d oes not and is not inte nded to confer any ri g hts o r re m edies upo n a n y e ntity or p e rso n
other than the Parties.
Page 4 of7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Atromey
APPROVED AS
Town Attorney By: By: CITY OF FORT COLLINS, COLORADO a municipal corporation Darin Atteberry, City Manager Page 5 of7
EXH IBIT A
FLEX service will b e provide d w ithin t h e follow ing parame ters :
• Days of Service: Monday -Friday (betwee n th e cities of Fort Coll ins and Bo u ld e r) and M o nday
• Saturday (betwee n the c iti es o f Fort C ollins and Lo ng m o nt). No service is provide d o n New Ye ar's
Day, M e m o ria l Day, Inde p e nde n ce Day, Labor Day, Thanksg ivi ng Day and C hris tmas Day.
• H o urs of Service: 5AM -8 PM
• Freque n cy of Service : 60 Minutes
Service Area Maps :
a
RIO "IC, ·~s
Fl EX Loveland/Longmont Traps
)
gLJ
" ~
1 SOUTH. T. RANSIT CENTER Q
rR.'ltJ5~1JV ~Pur=s
=v~c: c~rn,
SKYWAY
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"' ~
0
. •
.:-~:
1,!1
9TH
8TH
50TH
.
NB
LOVELAND FOOD BANK Q
EISENHOWER
MOUNTAIN
FLEX Boulder Express Trips m
RTO BOULOER
TRANSIT CENTER
:ir:i:J,ru
~
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...
111 •• ,\N:J l,ltt \.1l,1•;Ct N'Y
,,1:-.\-••\j.;
CANYON
Page 6 of7
DOW NTOWN TRANSIT CENTER (:IQ
·i;,v,sror.· ~Ci\JlfS •
SOUTH TRANSIT CENTER J Q
·AAasror· sourcs 1
s.1, .. r .. <1l l
fo.'A.<;1ops•
• HM
SB
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9TH
8TH
EXHIBITB
2021
Ope rati n~ Cost $ 1,943,371
fares $ !Q,000
CMAQ Fl ex to Bo ulder Enhancement 5 224,655
Eco Pass Re imburser,e nt $ 5,000
FASTER Fund ing $ 200,000
CSU Contributio n 5 63,193
Remainder to be split among partners $ 1,410,523
2020 Suspended SeN1ces Savings iota! Amount Cue for 2021 l ess S307 Co ntribut,on
~ Passenger Ac.tivitv 5 139,621.00
Fort Co llins 45'~ 5 634,735 s 62,S29 s 571,906 s 339,926
Lo ve l and 23¾ 5 32 ~.~20 s 32 ,113 5 292,307 5 185,277
Longmont 1 2% s 169,263 s lo.755 5 152,508
Boul der County 10'~ 5 1•1,052 5 13,962 5 1 27.090
Citv of Bou l de r 7% s 9V37 5 9.773 s 88 ,9 63
8enhoud 3% s •2.315 5 4.189 5 38,127 s 27,137
5307 Breakdown ~ TMA Service Area Population s 350,000
Fort Co llin s 66.2Sll s 231,9SO
Love land 30.58'1 5 107,030
Berthoud l .l!ll s 10,990
Page 7 of7
-1-
RESOLUTION 2021-020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF
BOULDER FOR FLEX ROUTE REGIONAL TRANSIT SERVICES
WHEREAS, since 2016, the City has entered into an intergovernmental agreement
(“IGA”) with the County of Boulder (“Boulder County”) to provide Flex Route Regional Transit
Service; and
WHEREAS, both the City and Boulder County contribute a percentage of funds based on
the ridership of each jurisdiction; and
WHEREAS, through the partnership, regional connectivity transit goals are met, and City
Council wishes to continue to offer these services; and
WHEREAS, in 2020, a brief suspension of FLEX Transit Service, due to the COVID -19
pandemic, resulted in savings for operational costs to the City; and
WHEREAS, a portion of these savings to the City will be deducted from the amount
Boulder County contributes to the FLEX Regional Transit Service in 2021; and
WHEREAS, the funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process; thus no
appropriation action is required with this item; and
WHEREAS, this Resolution comes before City Council to authorize the attached IGA for
Flex Route Regional Transit Service between the City of Fort Collins and Boulder County
substantially in the form attached hereto as Exhibit “A” and incorporated herein by this reference
(the “IGA”); and
WHEREAS, City Council wishes to authorize the execution of the IGA finding it in the
best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Manager to execute the
IGA in substantially the form attached hereto as Exhibit “A,” together with such modifications
and additions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes of this
Resolution as set forth above.
-2-
Section 3. That during the term of the IGA the City Manager, in consultation with the
City Attorney, is also authorized to approve and execute amendments to the IGA consistent with
this Resolution so long as the City Manager determines such amendments: (a) are reasonably
necessary and appropriate to protect the City’s interests or provide a benefit to the City; (b)
effectuate the purposes of this Resolution; and (c) limit the City’s financial obligation to
expenditure of funds already appropriated and approved by Council or conditioned upon such
appropriation.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
16th day of February, A.D. 2021.
Mayor
ATTEST:
City Clerk
DocuSign Envelope ID: 4F2D2DA3-8826-40C4-AAD1-63DBDE9CC75A
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CI1Y OF FORT COLLINS AND
BOULDER COUNTY This Agreement is made this __ day of ___ , 2021 between the City of Fort Collins, Colorado, a municipal corporation (hereinafter "Fort Collins"), and the County of Boulder, a public body corporate and politic (hereinafter "Boulder County") (collectively the "Parties" or singularly the "Party"). RECITALS WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins and Boulder County; and WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter "Transfort"); andWHEREAS, FLEX is a regional connector bus service operated by Transfort (hereinafter "FLEX") in partnership with Loveland, Berthoud, Longmont, City of Boulder, Boulder County and Colorado University (hereinafter "Partners") to provide services to said communities pursuant to separate Intergovernmental Agreements; and WHEREAS, Transfort is willing and able to extend FLEX services along the U.S. Highway 287 and Highway 119 corridors between Fort Collins and Boulder with stops in Fort Collins, Loveland, Longmont, and Boulder; and WHEREAS, the Parties have determined that significant economic and efficiency benefits result for each Party through the provision of FLEX by T ransfort. NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, receipt and adequacy of which is acknowledged, the Parties agree as follows: 1.Fort Collins shall provide connector bus service, FLEX, in accordance with the terms of this Agreementand as specifically identified and described in Exhibit A, attached hereto and incorporated herein by thisreference, throughout the term of this Agreement. The services identified and described in Exhibit A aresubject to increase, modification, reduction, and termination pursuant to this Section 1 and Section 15 ofthis Agreement.a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its solediscretion, to the extent Fort Collins determines appropriate given the demand for service andavailable resources. Prior to providing additional service at Fort Collins' expense, Fort Collins shallprovide advance written notice to the Partners. Prior to providing additional service with Partnercontribution, Fort Collins and the Partners will amend Exhibit A and the respective cost shareassociated with the change. If the Partners and Fort Collins cannot agree to amend Exhibit A forthe additional service then any such additional service that exceeds the services described in ExhibitA may be reduced or stopped by Fort Collins, at its sole discretion. Prior to reducing or stoppingPage 2 of9
EXHIBIT A
-1-
RESOLUTION 2021-021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
BOULDER FOR FLEX ROUTE REGIONAL TRANSIT SERVICES
WHEREAS, since 2016, the City has entered into an intergovernmental agreement
(“IGA”) with the City of Boulder (“Boulder”) to provide Flex Route Regional Transit Service;
and
WHEREAS, both the City and Boulder contribute a percentage of funds based on the
ridership of each jurisdiction; and
WHEREAS, through the partnership, regional connectivity transit goals are met, and City
Council wishes to continue to offer these services; and
WHEREAS, in 2020, a brief suspension of FLEX Transit Service, due to the COVID -19
pandemic, resulted in savings for operational costs to the City; and
WHEREAS, a portion of these savings to the City will be deducted from the amount
Boulder contributes to the FLEX Regional Transit Service in 2021; and
WHEREAS, the funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process; thus no
appropriation action is required with this item; and
WHEREAS, this Resolution comes before City Council to authorize the attached IGA for
Flex Route Regional Transit Service between the City of Fort Collins and Boulder substantially
in the form attached hereto as Exhibit “A” and incorporated herein by this reference (the “IGA”);
and
WHEREAS, City Council wishes to authorize the execution of the IGA finding it in the
best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Manager to execute the
IGA in substantially the form attached hereto as Exhibit “A,” together with such modifications
and additions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes of this
Resolution as set forth above.
-2-
Section 3. That during the term of the IGA the City Manager, in consultation with the
City Attorney, is also authorized to approve and execute amendments to the IGA consistent with
this Resolution so long as the City Manager determines such amendments: (a) are reasonably
necessary and appropriate to protect the City’s interests or provide a benefit to the City; (b)
effectuate the purposes of this Resolution; and (c) limit the City’s financial obligation to
expenditure of funds already appropriated and approved by Council or conditioned upon such
appropriation.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
16th day of February, A.D. 2021.
Mayor
ATTEST:
City Clerk
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
CITY OF BOULDER
This Agreement is made this _____ day of _______, 2021, between the City of Fort Collins,
Colorado, a municipal corporation (hereinafter “Fort Collins”), and the City of Boulder, a home
rule municipal corporation (hereinafter “Entity”) (collectively the “Parties” or singularly the “Party”).
RECITALS
WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins and City
of Boulder; and
WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter “Transfort”);
WHEREAS, FLEX is a regional connector bus service operated by Transfort in partnership with
Loveland, Berthoud, Longmont, City of Boulder, Boulder County and University of Colorado (hereinafter
“Partners”) to provide services to said communities pursuant to separate Intergovernmental Agreements; and
WHEREAS, Transfort is willing and able to extend FLEX services along the U.S. Highway 287 and
Highway 119 corridors between Fort Collins and Boulder (hereinafter “FLEX”) with stops in Fort Collins,
Loveland, Longmont, and Boulder; and
WHEREAS, the Parties have determined that significant economic and efficiency benefits result for
each Party through the provision of FLEX by Transfort.
NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable
consideration, receipt and adequacy of which is acknowledged, the Parties agree as follows:
1.Fort Collins shall provide connector bus service, FLEX, in accordance with the terms of this Agreement
and as specifically identified and described in Exhibit A, attached hereto and incorporated herein by this
reference, throughout the term of this Agreement. The services identified and described in Exhibit A are
subject to increase, modification, reduction, termination, and pursuant to this Section 1 and Section 7 of
this Agreement.
a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its sole
discretion, to the extent Fort Collins determines appropriate given the demand for service and
available resources. Prior to providing additional service at Fort Collins’ expense, Fort Collins shall
provide advance written notice to the Partners. Prior to providing additional service with Partner
contribution, Fort Collins and the Partners will amend Exhibit A and the respective cost share
associated with the change if the Partners all agree to such additional service and respective cost
share. If the Partners and Fort Collins cannot agree to amend Exhibit A for the additional service
then any such additional service that exceeds the services described in Exhibit A may be reduced or
stopped by Fort Collins, at its sole discretion. Prior to reducing or stopping any such additional
service, Fort Collins will make reasonable efforts to provide 30 days of advance written notice to
the Partners.
EXHIBIT A
Page 2 of 7
b. In the event Fort Collins determines that circumstances require modification of FLEX services as
described in Exhibit A to better accommodate the demand for service or the efficient provision of
service, Fort Collins shall be entitled to implement such modification at its sole discretion. Fort
Collins will make reasonable efforts to provide 30 days of advance written notice of any such
modification to the Partners.
2. This Agreement shall commence on January 1, 2021 and shall continue in full force and effect until
December 31, 2021, unless sooner terminated or extended for a longer term as herein provided.
3. Fort Collins agrees that all services provided under this Agreement shall be consistent with Transfort system
operating policies and procedures, as the same may be amended, from time to time, in Fort Collins’ sole
discretion, and that all such services shall be consistent with the Transfort operation schedule.
4. In consideration of the services provided by Fort Collins under this Agreement, and the mutual financial
commitments herein made, City of Boulder agrees to contribute to the direct and indirect costs of operating
FLEX, as supplemented by such additional federal or state grant funds as may be available therefor. The
Parties agree to use ridership data to formulate the cost share associated with each entity. Based on average
ridership data from 2017, 2018 and 2019, for each term of this Agreement, City of Boulder shall pay to
Fort Collins the amount of $88,963 for the year 2021 as its share of direct and indirect costs of operating
FLEX subject to Section 7. Fort Collins will invoice Partners in the first quarter of 2021 for the FLEX
service provided in 2021 and the first quarter of each subsequent year. Such payment shall be made within
60 days after receipt of an invoice.
5. Any additional revenues collected by City of Boulder from the operation of FLEX, shall be remitted to Fort
Collins. Such revenue, and any additional revenues collected by Fort Collins from the operation of FLEX,
shall be used to supplement FLEX operation expenses and will equally benefit the Parties.
6. The Parties agree to run a ridership analysis on a triennial basis and adjust cost shares according to ridership
quantities relative to each Partner, upon the agreement of each Partner. Ridership data will be an average
of the previous year of service.
7. The Parties acknowledge and agree that the budget proposal for operation of FLEX for 2021 (or any
subsequent term of this Agreement if extended pursuant to Section 2) includes projected FLEX Revenue
and anticipated revenues from bus fares pursuant to Section 9 (“FLEX Fare Revenue”). If FLEX Revenue
and FLEX Fare Revenue for 2021 (or any subsequent term of this Agreement if extended pursuant to
Section 2) is insufficient to meet the budget for operation of FLEX, the Parties may elect to appropriate
and pay their prorata share of any shortage. If either Party does not appropriate and pay its prorata share
of the shortage in FLEX Revenue and FLEX Fare Revenue, Fort Collins in its sole discretion may reduce
FLEX services as necessary to reduce operating expenses in an amount sufficient to address such a shortage
or terminate FLEX service. Prior to any reduction in service or termination, Fort Collins shall provide
advance written notice to the Partners.
8. Fort Collins Transfort buses will utilize existing RTD stops in Boulder, or as otherwise agreed upon by the
parties.
9. The basic cash fare to be charged for FLEX shall be One Dollar and Twenty-Five Cents ($1.25) per ride.
Notwithstanding, Fort Collins in its sole discretion shall be entitled to modify the fare to be charged as
Page 3 of 7
necessary for the efficient and cost-effective operation of FLEX, provided that advance written notice of any
such modification is provided to the Partners. All Fort Collins discounted fare categories for Transfort bus
service will apply to FLEX. Fort Collins shall collect any fares due from passengers and accurately record
and account for such fare receipts and ridership levels. Fort Collins shall prepare quarterly reports of such
receipts and ridership levels and shall provide such quarterly reports to the Partners.
10. All Fort Collins and City of Loveland bus pass programs will be accepted as full fare to ride FLEX. Transfers
from FLEX to the Transfort or COLT bus systems will be honored. The Regional Transportation District
(hereinafter “RTD”) Eco Pass will be accepted as full fare to ride FLEX, but free transfers from FLEX to
RTD will not be honored.
11. Each Party shall designate a representative, who shall be responsible for managing such Party’s performance
of the terms of this Agreement and shall provide the other Party with written notice thereof, along with
address, telephone, and email information. All notices to be provided under this Agreement shall be
provided to such designated representatives. Any notice pursuant to this Agreement shall be hand -
delivered or sent by certified mail, return receipt requested, and addressed to the designated
representative. Any such notice shall be deemed given upon hand-delivery to the designated
representative or their address or three (3) days after mailing.
12. The Parties agree to cooperate fully, to a reasonable extent, in the development and implementation of any
surveys or studies undertaken by the other Party to evaluate demand, usage, cost, effectiveness, efficiency,
or any other factor relating to the success or performance of FLEX or the need for such service. However,
such cooperation shall not require the expenditure of funds more than the specific amounts set forth in
Section 4 and Exhibit B unless approved and appropriated by the Parties.
13. The Parties acknowledge that their obligations under this Agreement are subject to annual appropriation
by the governing body of each respective Party and shall not constitute or give rise to a general obligation
or other indebtedness of either Party within the meaning of any constitutional or statutory provision or
limitation of the State of Colorado nor a mandatory charge or requirement against either Party in any
ensuing fiscal year beyond the current fiscal year. If the governing body of either Party shall fail to budget
and appropriate funds for its share of expenses as described in this Agreement, then this Agreement
shall terminate as of the end of the fiscal year for which such funds were last budgeted and appropriated.
14. In the event a Party has been declared in default, such defaulting Party shall be allowed a period of thirty
(30) days within which to cure said default. In the event the default remains uncorrected, the Party declaring
default may elect to terminate the Agreement and so notify the defaulting Party in writing. Any amounts
due to the non-defaulting Party shall be paid within fifteen (15) days of the date of notice of termination is
received.
15. Liability of the Parties shall be apportioned as follows: (?) I am confused by this. Neither governmental
entity can enter into an agreement to pay future costs not currently allocated. So neither can “agree” to pay
for future “claims, damages, liability and court awards,” - I would remove this paragraph all together.
a. Fort Collins shall be responsible for all claims, damages, liability and court awards, including
costs, expenses, and attorney fees incurred, as a result of any action or omission of Fort Collins or its
officers, employees, and agents, in connection with the performance of this Agreement.
Page 4 of 7
b. City of Boulder shall be responsible for all claims, damages, liability and court awards, including
costs, expenses, and attorney fees incurred, as a result of any action or omission of City of Boulder or
its officers, employees, and agents, in connection with the performance of this Agreement.
c. Nothing in this Section 15 or any other provision of this Agreement shall be construed as a
waiver of the notice requirements, defenses, immunities, and limitations the Parties may have under
the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S. et seq.) or any other defenses,
immunities, or limitations of liability available to any Party by law.
16. This Agreement embodies the entire agreement of the Parties. The Parties shall not be bound by or be
liable for any statement, representation, promise, inducement or understanding of any kind or nature not
set forth herein.
17. No changes, amendments or modifications of any of the terms or conditions of this Agreement shall be
valid unless reduced to writing and signed by the Parties, except as provided herein.
18. The laws of the State of Colorado shall be applied to the interpretation, execution and enforcement of this
Agreement. Venue shall be Larimer County District Court, Fort Collins, Colorado should City of Boulder
bring an action against Fort Collins, and shall be Boulder County District Court, Boulder, Colorado should
Fort Collins bring an action against City of Boulder.
19. Any provision rendered null and void by operation of law shall not invalidate the remainder of this
Agreement to the extent that this Agreement is capable of execution.
20. Either Party's failure to enforce any provision of this Agreement shall not in any way be construed as a
waiver of any such provision or prevent that Party thereafter from enforcing each and every other
provision of this Agreement.
21. This Agreement does not and is not intended to confer any rights or remedies upon any entity or person
other than the Parties
Page 5 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
By:
CITY OF FORT COLLINS, COLORADO
a municipal corporation
___________________________________
Darin Atteberry, City Manager
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
CITY OF BOULDER, COLORADO
a municipal corporation
By: __________________________________
Interim City Manager
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
_______________________
City Attorney 12-08-2020
Page 6 of 7
EXHIBIT A
FLEX service will be provided within the following parameters:
• Days of Service: Monday – Friday (between the cities of Fort Collins and Boulder) and Monday –
Saturday (between the cities of Fort Collins and Longmont). No service is provided on New Year’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
• Hours of Service: 5AM – 8 PM
• Frequency of Service: 60 Minutes
Service Area Maps:
Page 7 of 7
EXHIBIT B
-1-
RESOLUTION 2021-022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
LONGMONT FOR FLEX ROUTE REGIONAL TRANSIT SERVICES
WHEREAS, since 2016, the City has entered into an intergovernmental agreement
(“IGA”) with the City of Longmont (“Longmont”) to provide Flex Route Regional Transit
Service; and
WHEREAS, both the City and Longmont contribute a percentage of funds based on the
ridership of each jurisdiction; and
WHEREAS, through the partnership, regional connectivity transit goals are met, and City
Council wishes to continue to offer these services; and
WHEREAS, in 2020, a brief suspension of FLEX Transit Service, due to the COVID -19
pandemic, resulted in savings for operational costs to the City; and
WHEREAS, a portion of these savings to the City will be deducted from the amount
Longmont contributes to the FLEX Regional Transit Service in 2021; and
WHEREAS, the funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process; thus no
appropriation action is required with this item; and
WHEREAS, this Resolution comes before City Council to authorize the attached IGA for
Flex Route Regional Transit Service between the City of Fort Collins and Longmont
substantially in the form attached hereto as Exhibit “A” and incorporated herein by this reference
(the “IGA”); and
WHEREAS, City Council wishes to authorize the execution of the IGA finding it in the
best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the City Manager to execute the
IGA in substantially the form attached hereto as Exhibit “A,” together with such modifications
and additions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes of this
Resolution as set forth above.
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Section 3. That during the term of the IGA the City Manager, in consultation with the
City Attorney, is also authorized to approve and execute amendments to the IGA consistent with
this Resolution so long as the City Manager determines such amendments: (a) are reasonably
necessary and appropriate to protect the City’s interests or provide a benefit to the City; (b)
effectuate the purposes of this Resolution; and (c) limit the City’s financial obligation to
expenditure of funds already appropriated and approved by Council or conditioned upon such
appropriation.
Passed and adopted at a regular meeting of the Council of the City of Fort Co llins this
16th day of February, A.D. 2021.
Mayor
ATTEST:
City Clerk
EXHIBIT A
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. CITY OF FORT COLLINS, COLORADO a municipal corporation Darin Atteberry, City Manager ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney IGA for Bus Service between Ft. Collins and Longmonl_FINAL_0l/04/2020