HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2022 - ITEMS RELATING TO FLEX ROUTE REGIONAL TRANSIT SERV Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY April 19, 2022
Transfort/Dial-a-Ride
STAFF
Drew Brooks, Director of Transit
Aaron Guin, Legal
SUBJECT
Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements.
EXECUTIVE SUMMARY
A. Resolution 2022-045 Authorizing the Execution of an Intergovernmental Agreement between the City of
Fort Collins, Colorado and the City of Loveland for FLEX Route Regional Transit Services.
B. Resolution 2022-046 Authorizing the Execution of an Intergovernmental Agreement between the City of
Fort Collins, Colorado and the Town of Berthoud for FLEX Route Regional Transit Services.
C. Resolution 2022-047 Authorizing the Execution of an Intergovernmental Agreement between the City of
Fort Collins, Colorado and the County of Boulder for FLEX Route Regional Transit Services.
D. Resolution 2022-048 Authorizing the Execution of an Intergovernmental Agreement between the City of
Fort Collins, Colorado and the City of Boulder for FLEX Route Regional Transit Services.
E. Resolution 2022-049 Authorizing the Execution of an Intergovernmental Agreement between the City of
Fort Collins, Colorado and the City of Longmont for FLEX Route Regional Transit Services.
The purpose of these items is to authorize the Interim City Manager to sign separate Intergovernmental
Agreements (“IGAs”) with the City of Loveland, the Town of Berthoud, the City of Boulder, the County of
Boulder, and the City of Longmont (collectively, the “FLEX Partners”) by which the FLEX Partners will
contribute funds toward the operating cost of the FLEX Route Regional Transit Service bus route to further the
goals of regional connectivity through transit.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution on First Reading.
BACKGROUND / DISCUSSION
Since 2016, the City has entered into separate agreements with the City of Loveland, the Town of Berthoud,
the City of Longmont, the City of Boulder, and the County of Boulder that allow the City of Fort Collins to
operate the FLEX regional route with partner contributions from all five entities. Notably, Colorado State
University also contributes financially to the operation of the FLEX regional bus route through a separate IGA
that previously was executed between the City of Fort Collins and Colorado State Un iversity.
Additional financial contributions toward the operation of the FLEX route includes grant funding and Regional
Transportation District (RTD) EcoPass reimbursement. The total breakdown of contributions is as follows:
Agenda Item 20
Item # 20 Page 2
Contributor % Passenger Activity Total Owed
Grants, Eco Pass, CSU N/A $ 526,738
Fort Collins 45% $ 663,720
City of Loveland 23% $ 339,235
City of Longmont 12% $ 176,992
Boulder County 10% $ 147,493
City of Boulder 7% $ 103,245
Town of Berthoud 3% $ 44,248
These Resolutions would authorize the Interim City Manager to execute the IGAs with the FLEX Partners,
which are intended to be effective retroactively on January 1, 2022.
CITY FINANCIAL IMPACTS
There are no financial impacts as these agreements provide for expenditures on services to be reimbursed by
the FLEX Partners.
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RESOLUTION 2022-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS, COLORADO AND 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, 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, the attached IGA for FLEX Route Regional Transit Service with the City of
Loveland is intended to be effective retroactively on January 1, 2022; and
WHEREAS, the City Council has determined that the IGA is in the best interests of the
City and that the Interim City Manager be authorized to execute the IGA between the City and
Loveland in support thereof.
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 Interim City Manager to
execute the IGA in substantially the form attached hereto as Exhibit “A,” together with such
modifications and additions as the Interim 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.
Section 3. That during the term of the IGA the Interim City Manager, in consultation
with the City Attorney, also is authorized to approve and execute amendments to the IGA
-2-
consistent with this Resolution so long as the Interim 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
19th day of April, A.D. 2022.
Mayor
ATTEST:
City Clerk
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
CITY OF LOVELAND
This Agreement is made this _10th____ day of _January______, 2022 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 (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
Section 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 Partners 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, 2022 and shall continue in full force and effect until
December 31, 2022, 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 2018, 2019 and 2020 for each term of this Agreement, City of
Loveland shall pay to Fort Collins the amount $339,235, for the year 2022 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 $223,132 from its balance of 5307 Funds from the
Fiscal Year 2022. City of Loveland will remain responsible for the remaining amounts owed under this
IGA after deduction of the 5307 Funds, in the amount of $116,103. Fort Collins will invoice Partners in
the first quarter of 2022 for the FLEX service provided in 2022. 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
EXHIBIT A
Page 3 of 8
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 pro rata share of any shortage. If either Party does not appropriate and pay its pro rata 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 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;
however, Fort Collins is currently not charging fares for the Transfort bus system. 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:
EXHIBIT A
Page 4 of 8
City Attorney
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, should Fort Collins be found liable as a result of any action
EXHIBIT A
Page 5 of 8
or omission of Fort Collins or its officers, employees, and agents, in connection with the performance
of this Agreement.
b.Loveland shall be responsible for all claims, damages, liability and court awards, including costs,
expenses, and attorney fees incurred, should Loveland be found liable 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 about the FLEX program. 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 entity 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.
EXHIBIT A
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: ____________________________________
Kelly DiMartino, Interim City Manager
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
CITY OF LOVELAND, COLORADO
a municipal corporation
By: __________________________________
Stephen C. Adams, City Manager
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
EXHIBIT A
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:
EXHIBIT A
Page 8 of 8
EXHIBIT B
2021 2022
Operating Cost
$
1,943,371
$
2,001,672
Fares
$
40,000
$
40,000
CMAQ Flex to Boulder
Enhancement
$
224,655
$
218,545
EcoPass Reimbursement
$
5,000
$
5,000
FASTER Funding
$
200,000
$
200,000
CSU Contribution
$
63,193
$
63,193
Remainder to be split
among partners
$
1,410,523
$
1,474,934
% Passenger Activity
Total 2022
Contribution
Less 5307
Contribution
Loveland's
Additional 5307
Withheld
Amount
Loveland's
Amount Owed
Fort Collins 45%
$
663,720
$
431,740.36
Loveland 23%
$
339,235
$
232,205
$
116,102
$
116,102
Longmont 12%
$
176,992
Boulder County 10%
$
147,493
City of Boulder 7%
$
103,245
Berthoud 3%
$
44,248
$
33,258
5307 Breakdown
% TMA Service Area
Population
$
350,000
Fort Collins 66.28%
$
231,980
Loveland 30.58%
$
107,030
Berthoud 3.14%
$
10,990
*Highlighted = total owed
by partner
EXHIBIT A
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RESOLUTION 2022-046
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS, COLORADO AND 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, 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, the attached IGA for FLEX Route Regional Transit Service with the Town
of Berthoud is intended to be effective retroactively on January 1, 2022; and
WHEREAS, the City Council has determined that the IGA is in the best interests of the
City and that the Interim City Manager be authorized to execute the IGA between the City and
Berthoud in support thereof.
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 Interim City Manager to
execute the IGA in substantially the form attached hereto as Exhibit “A,” together with such
modifications and additions as the Interim 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.
Section 3. That during the term of the IGA the Interim City Manager, in consultation
with the City Attorney, also is authorized to approve and execute amendments to the IGA
-2-
consistent with this Resolution so long as the Interim 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
19th day of April, A.D. 2022.
Mayor
ATTEST:
City Clerk
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
THE TOWN OF BERTHOUD
This Agreement is made this _____ day of _______, 2022, between the City of Fort Collins, Colorado,
a municipal corporation (hereinafter “Fort Collins”), and the Town 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 between Fort Collins and
Entity; 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 (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 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 14 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 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
EXHIBIT A
Page 2 of 8
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, 2022 and shall continue in full force and effect until
December 31, 2022 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, 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, Town of Berthoud 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 2018, 2019 and 2020, for each term of this Agreement, Town of
Berthoud shall pay to Fort Collins the amount of $44,248 for the year 2022 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
Berthoud’s portion of the Urbanized Area Formula Funding (49 U.S.C. § 5307) grant funds (the “5307
Funds”). Town of Berthoud will allow the City of Fort Collins to withhold $10,990 from its balance of
5307 Funds from the Fiscal Year 2022. Town of Berthoud will remain responsible for the remaining
amounts owed under this IGA after deduction of the 5307 Funds, in the amount of $33,258. Fort Collins
will invoice Partners in the first quarter of 2022 for the FLEX service provided in 2022. Such payment shall
be made within 60 days after receipt of an invoice.
5. Any additional revenues collected by Town of Berthoud 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 2022 (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 2022 (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 pro rata share of any shortage. If either Party does not appropriate and pay its pro rata share
EXHIBIT A
Page 3 of 8
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 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;
however, Fort Collins is currently not charging fares for the Transfort bus system. 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 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.
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
City of Fort Collins
EXHIBIT A
Page 4 of 8
P.O. Box 580
Fort Collins, CO 80522
If to Berthoud:
Town of Berthoud
BATS Supervisor
807 Mountain Ave
Berthoud, CO 80513
12. The Parties agree to reasonably 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 notice thereof from
the Party declaring default and 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, should Fort Collins be found liable 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.
b. Town of Berthoud shall be responsible for all claims, damages, liability and court awards,
including costs, expenses, and attorney fees incurred, should Town of Berthoud be found liable as a
result of any action or omission of Town of Berthoud 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
EXHIBIT A
Page 5 of 8
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 about the FLEX program. 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 entity 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.
EXHIBIT A
lN MTNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By,
Kclly DiMartino, lnterim City Manager
ATTEST,
City Clerk
APPROVED AS TO FORM.
Asslstant City Attorney
Town oI Berthoud, COLORADO
By,
trxtor
Tourr Clrrk
APPRO\EDASTO FORM:
Town Attorney
o
z
C
Page 6 of8
t2h
SLAL
EXHIBIT A
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:
EXHIBIT A
Page 8 of 8
EXHIBIT B
2021 2022
Operating Cost
$
1,943,371
$
2,001,672
Fares
$
40,000
$
40,000
CMAQ Flex to Boulder
Enhancement
$
224,655
$
218,545
EcoPass Reimbursement
$
5,000
$
5,000
FASTER Funding
$
200,000
$
200,000
CSU Contribution
$
63,193
$
63,193
Remainder to be split among
partners
$
1,410,523
$
1,474,934
% Passenger Activity
Total 2022
Contribution
Less 5307
Contribution
Loveland's
Additional 5307
Withheld
Amount
Loveland's
Amount Owed
Fort Collins 45%
$
663,720
$
431,740.36
Loveland 23%
$
339,235
$
232,205
$
116,102
$
116,102
Longmont 12%
$
176,992
Boulder County 10%
$
147,493
City of Boulder 7%
$
103,245
Berthoud 3%
$
44,248
$
33,258
5307 Breakdown
% TMA Service Area
Population
$
350,000
Fort Collins 66.28%
$
231,980
Loveland 30.58%
$
107,030
Berthoud 3.14%
$
10,990
*Highlighted = total owed by
partner
EXHIBIT A
-1-
RESOLUTION 2022-047
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS, COLORADO AND 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, 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, the attached IGA for FLEX Route Regional Transit Service with the County
of Boulder is intended to be effective retroactively on January 1, 2022; and
WHEREAS, the City Council has determined that the IGA is in the best interests of the
City and that the Interim City Manager be authorized to execute the IGA between t he City and
Boulder County in support thereof.
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 Interim City Manager to
execute the IGA in substantially the form attached hereto as Exhibit “A,” together with such
modifications and additions as the Interim 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.
Section 3. That during the term of the IGA the Interim City Manager, in consultation
with the City Attorney, also is authorized to approve and execute amendments to the IGA
-2-
consistent with this Resolution so long as the Interim 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
19th day of April, A.D. 2022.
Mayor
ATTEST:
City Clerk
DETAILS SUMMARY
Document Type Amendment
OFS Number-Version 201312-2
County Contact Information
Boulder County Legal Entity Boulder County
Department Community Planning & Permitting
Division/Program Transportation Planning
Mailing Address PO Box 471 Boulder, CO 80306
IGA Contact – Name, email Alex Hyde-Wright, ahyde-wright@bouldercounty.org
Invoice Contact – Name, email Kristina Buckles, cppinvoices@bouldercounty.org
Contractor Contact Information
Contractor Name City of Fort Collins
Contractor Mailing Address 281 North College, Fort Collins, CO 80524
Contact 1- Name, title, email Kaley Zeisel, Compliance & Asset Manager,
kzeisel@fcgov.com
Contact 2- Name, title, email
IGA Term
Start Date 1/1/22
Expiration Date 12/31/22
IGA Amount
IGA Amount $147,493
Fixed Price or Not-to-Exceed? Fixed Price
COVID-19 NO
Project # 100421
Brief Description of Work
Operate FLEX bus service between Boulder-Longmont-Loveland-Ft Collins.
IGA Documents
a. Intergovernmental Agreement
IGA Notes
Additional information not included above
INTERGOVERNMENTAL AGREEMENT
EXHIBIT A
Page 2 of 9
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
BOULDER COUNTY
This Agreement is made this _____ day of _______, 2022 between the City of Fort Collins, Colorado,
a municipal corporation (hereinafter “Fort Collins”), and the Board of County Commissioners on behalf of
the County of Boulder, State of Colorado, a public body corporate and politic, for the benefit of the
Community Planning & Permitting Department (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”);
WHEREAS, FLEX is a regional connector bus service operated by Transfort (hereinafter “FLEX”) in
partnership with Loveland, Berthoud, Longmont, City of Boulder, and Boulder County (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 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, and termination pursuant to this Section 1 and Section 15 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 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
EXHIBIT A
Page 3 of 9
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, 2022 and shall continue in full force and effect until
December 31, 2022, unless extended or 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, 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, Boulder County 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 2018, 2019 and 2020, for each term of this Agreement, Boulder
County shall pay to Fort Collins the amount $147,493 for the year 2022 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. Fort Collins will invoice Partners in the first quarter of 2022 for the FLEX
service provided in 2022. Such payment shall be made within 60 days after receipt of an invoice.
5. Any additional revenues collected by Boulder County 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 2022 (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 2022 (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 pro rata share of any shortage. If either Party does not appropriate and pay its pro rata 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.
EXHIBIT A
Page 4 of 9
8. Fort Collins Transfort buses will utilize 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;
however, Fort Collins is currently not charging fares for the Transfort bus system. 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 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. Boulder County will reimburse Fort Collins for all Eco Pass boardings on the FLEX route. Patrons using
an Eco Pass must show the Eco Pass with the patron’s photo to the FLEX operators. FLEX operators should
make a reasonable attempt to confirm that the photo on the Eco Pass is the patron’s photo. FLEX operators
will count each boarding made by Eco Pass via the farebox keypad or some other method. Boulder County
will pay Fort Collins $1.25 for each Eco Pass boarding. Fort Collins will invoice Boulder County not more
often than quarterly for the Eco Pass boardings.
12. 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.
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:
EXHIBIT A
Page 5 of 9
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to Boulder County:
Dale Case, Director- Community Planning & Permitting
PO Box 471
Boulder, CO 80306
13. The Parties agree to reasonably 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.
14. 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.
15. In the event a Party has been declared in default, such defaulting Party shall be allowed notice thereof from
the Party declaring default and 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.
16. 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, should Fort Collins be found liable 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.
b. Boulder County shall be responsible for all claims, damages, liability and court awards,
including costs, expenses, and attorney fees incurred, should Boulder County be found liable as a result
of any action or omission of Boulder County or its officers, employees, and agents, in connection with
the performance of this Agreement.
EXHIBIT A
Page 6 of 9
c. Nothing in this Section 16 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 (Sections 24-10-101, C.R.S. et seq.) or any other defenses,
immunities, or limitations of liability available to any Party by law.
17. This Agreement embodies the entire agreement of the Parties about the FLEX program. 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.
18. 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.
19. The laws of the State of Colorado shall be applied to the interpretation, execution and enforcement of this
Agreement.
20. 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.
21. 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.
22. This Agreement does not and is not intended to confer any rights or remedies upon any entity or person
other than the Parties.
23. This Agreement may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101, et seq.
24. Each Party is a “public entity” under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et
seq., as amended, and shall always during the terms of this Agreement maintain such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. This insurance shall
have minimum limits, which shall match or exceed the maximum governmental liability limits set forth in
C.R.S. § 24-10-114, as amended.
EXHIBIT A
Page 7 of 9
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: ____________________________________
Kelly DiMartino, Interim City Manager
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
THE COUNTY OF BOULDER,
a body corporate and politic
By: __________________________________
Jana Petersen, County Administrator
Boulder County
EXHIBIT A
Page 8 of 9
EXHIBIT A
FLEX service will be provided within the following parameters:
x Days of Service: Monday – Friday (between the cities of Fort Collins and Boulder) and Monday
x 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.
x Hours of Service: 5AM – 8 PM
x Frequency of Service: 60 Minutes
Service Area Maps:
EXHIBIT A
Page 9 of 9
EXHIBIT B
2021 2022
Operating Cost
$
1,943,371
$
2,001,672
Fares
$
40,000
$
40,000
CMAQ Flex to Boulder
Enhancement
$
224,655
$
218,545
EcoPass Reimbursement
$
5,000
$
5,000
FASTER Funding
$
200,000
$
200,000
CSU Contribution
$
63,193
$
63,193
Remainder to be split among
partners
$
1,410,523
$
1,474,934
% Passenger Activity
Total 2022
Contribution
Less 5307
Contribution
Loveland's
Additional 5307
Withheld
Amount
Loveland's
Amount Owed
Fort Collins 45%
$
663,720
$
431,740.36
Loveland 23%
$
339,235
$
232,205
$
116,102
$
116,102
Longmont 12%
$
176,992
Boulder County 10%
$
147,493
City of Boulder 7%
$
103,245
Berthoud 3%
$
44,248
$
33,258
5307 Breakdown
% TMA Service Area
Population
$
350,000
Fort Collins 66.28%
$
231,980
Loveland 30.58%
$
107,030
Berthoud 3.14%
$
10,990
*Highlighted = total owed by
partner
EXHIBIT A
-1-
RESOLUTION 2022-048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS, COLORADO AND 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, 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, the attached IGA for FLEX Route Regional Transit Service with the City of
Boulder is intended to be effective retroactively on January 1, 2022; and
WHEREAS, the City Council has determined that the IGA is in the best interests of the
City and that the Interim City Manager be authorized to execute the IGA between the City and
Boulder in support thereof.
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 Interim City Manager to
execute the IGA in substantially the form attached hereto as Exhibit “A,” together with such
modifications and additions as the Interim 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.
Section 3. That during the term of the IGA the Interim City Manager, in consultation
with the City Attorney, also is authorized to approve and execute amendments to the IGA
-2-
consistent with this Resolution so long as the Interim 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
19th day of April, A.D. 2022.
Mayor
ATTEST:
City Clerk
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11 March
EXHIBIT A
%/53=4
0 <B633D3<B=@B=::7<A23B3@;7<3AB6/B17@1C;AB/<13A@3?C7@3;=27471/B7=<=4!,A3@D713A/A
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EXHIBIT A
%/53=4
/<21=AB34431B7D3=>3@/B7=<=4!,>@=D7232B6/B/2D/<13E@7BB3<<=B713=4/<GAC16;=27471/B7=<7A
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EXHIBIT A
%/53=4
(63%/@B73A/5@33B=1==>3@/B34C::GB=/@3/A=</0:33FB3<B7<B6323D3:=>;3<B/<27;>:3;3<B/B7=<=4/<G
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EXHIBIT A
%/53=4
#+ (#''+ &$B63>/@B73A63@3B=6/D33F31CB32B67A5@33;3<B=<B632/B347@AB/0=D3E@7BB3<
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.............................................
7BGBGBGBGBGBGBGBGBGBGGBGBGBGBGBGBGBGGBGBGGBGBGBGBGBGGBGBGGBGGGBGBGBGBBB=@<3G 03/10/2022
.......................................
..........................................................................................................
EXHIBIT A
%/53=4
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EXHIBIT A
-1-
RESOLUTION 2022-049
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS, COLORADO AND 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, 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, the attached IGA for FLEX Route Regional Transit Service with the City of
Longmont is intended to be effective retroactively on January 1, 2022; and
WHEREAS, the City Council has determined that the IGA is in the best interests of the
City and that the Interim City Manager be authorized to execute the IGA between the City and
Longmont in support thereof.
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 Interim City Manager to
execute the IGA in substantially the form attached hereto as Exhibit “A,” together with such
modifications and additions as the Interim 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.
Section 3. That during the term of the IGA the Interim City Manager, in consultation
with the City Attorney, also is authorized to approve and execute amendments to the IGA
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consistent with this Resolution so long as the Interim 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
19th day of April, A.D. 2022.
Mayor
ATTEST:
City Clerk
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