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HomeMy WebLinkAbout2024-101-08/20/2024-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORARESOLUTION 2024-101 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 THE FLEX ROUTE REGIONAL TRANSIT SERVICES A.Each year since 2016,the City has entered into an intergovernmental agreement (“IGA”)with the City of Loveland (“Loveland”)to provide FLEX Route Regional Transit Services. B.Both the City and Loveland contribute a percentage of funds based on the ridership of each jurisdiction. C.This partnership has contributed toward regional connectivity transit goals, and City Council wishes to continue offering these services. D.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. E.This Resolution comes before City Council to authorize the attached IGA for Bus Service between the City of Fort Collins and City of Loveland substantially in the form attached hereto as Exhibit “A”and incorporated herein by this reference (the “IGA”). F.The attached IGA for Bus Service with the City of Loveland is intended to be effective retroactively on January 1,2024.The extended delay in executing this IGA is the result of unanticipated changes in the availability of federal funding. G.City Council has determined that the IGA is in the best interests of the City and that the City Manager be authorized to execute the IGA between the City and Loveland in support thereof. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.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. Section 2.During the term of the IGA the City Manager,in consultation with the City Attorney,also is authorized to approve and execute amendments to the IGA consistent with this Resolution so long as the City Manager determines such —1— 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 on August 20,2024. Mayor Pro Tem ATfEST: / City -fl Effective Date:August 20,2024 Approving Attorney:Madelene Shehan EXHIBIT A TO RESOLUTION 2024-101 INTERGOVERNMENTAL AGREEMENT FOR BUS SERVICE BflWEEN THE CITY OF FORT COLLINS AND CITY OF LOVELAND This Agreement is made this day of ,2024 between the City of Fort Collins,Colorado, a municipal corporation (hereinafter “Fort Collins”),and the City of Loveland,Colorado,a municipal corporation (hereinafter “L.oveland”)(Fort Collins and Loveland collectively may be referred to as the “Parties”or individually,as a “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,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 (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: AGREEMENT 1.The foregoing recitals are hereby incorporated as though ftilly set forth herein. 2.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 2 and Section 6 of this Agreement. EXHIBIT A TO RESOLUTION 2024-101 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 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. 3.This Agreement shall commence on January 1,2024 and shall continue in full force and effect until December 31,2024,unless sooner terminated as herein provided. 4.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. 5.In consideration of the services provided by Fort Collins under this Agreement,and the mutual financial commitments herein made,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 Partner.Based on average ridership data from 2019,2021 and 2022,for each term of this Agreement,Loveland shall pay to Fort Collins the amount of $641,031,for the year 2024 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 currently maintains and administers Loveland’s portion of the Urbanized Area Formula Funding (49 U.S.C.§5307)grant funds (the “5307 Funds”).Loveland will allow Fort Collins to withhold $372,341 from its balance of 5307 Funds from the Fiscal Year 2024.Loveland will remain responsible for the remaining amounts owed under this IGA after deduction of the 5307 Funds,in the amount of $268,689.Fort Collins will invoice Partners in the first quarter of 2024 for the FLEX service provided in 2024.Such payment shall be made within 60 days after receipt of an invoice. 6.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. EXHIBIT A TO RESOLUTION 2024-101 7.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. 8.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 Section 10 (“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 ran 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. 9.Fort Collins Transfort buses will utilize existing Regional Transportation District (hereafter “RTD”)stops in Boulder,or as otherwise agreed by the Parties. 10.The basic cash fare to be charged for FLEX shall be One Dollar and Twenty-Five Cents ($1.25)per ride; however,Fort Collins currently is 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 L.oveland. 11.All Fort Collins and City of Loveland bus pass programs will be accepted as fill fare to ride FLEX.Transfers from FLEX to the Transfort or COLT bus systems will be honored.The RTD Eco Pass will be accepted as fill fare to ride FLEX;however,free transfers from FLEX to RTD will not be honored. 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 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. EXHIBIT A TO RESOLUTION 2024-101 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 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 13.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 5 and Exhibit B,unless approved in writing and duly appropriated by the Parties. 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. EXHIBIT A TO RESOLUTION 2024-101 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 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 L.oveland 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. 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 ImmunityAct (Section 24-10-101,C.R.S.etseq.)or any other defenses, immunities,or limitations of liability available to any Party by law. d.Any liability of the Parties under this Agreement shall be subject to appropriation of funds by their respective governing bodies sufficient to satisfy such liability as required by their Charter provisions. e.No elected official,director,officer,agent,or employee of the Parties shall be charged personally or held contractually liable under any term or provision of this Agreement,or because of any breach thereof or because of its or their execution,approval or attempted execution of this Agreement. 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.The Parties hereto may not assign this Agreement or parts hereof or its rights hereunder without the express written consent of all of the Parties.Any attempt to assign this Agreement in the absence of such written consent shall be null and void ab initio. 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 The Parties recognize the legal constraints imposed upon them by the constitutions, EXHIBIT A TO RESOLUTION 2024-101 statutes,and regulations of the State of Colorado and the United States,and imposed upon the Parties by their respective charters,municipal codes,and other similar documents and,subject to such constraints,the Parties intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provision in this Agreement to the contrary,in no event shall any party exercise any power or take any action which shall be prohibited by applicable law. 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 ParWs 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 in multiple counterparts;all counterparts so executed shall constitute one agreement binding upon all parties,notwithstanding that all parties are not signatories to the original or the same counterpart. 24.This Agreement may be executed by electronic signature in accordance with C.R.S.24-71.3-101 et seq. Documents executed,scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto,with such scanned and electronic signatures having the same legal effect as original signatures. EXHIBIT A TO RESOLUTION 2024-101 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date first above written.By the signature of its representative below,each Party affirms that it has taken all necessary action to authorize said representative to execute this Agreement. A1TEST: Name,Tide APPROVED AS TO FORM: By: CITY OF FORT COLLINS,COLORADO a municipal corporation Kelly DiMartino,City Manager CITY OF LOVELAND,COLORADO a municipal corporation Stc{,hcn C ~City Managcr Rod W96 ing,Acting City Manager Assistant City Attorney AYfEST: By: U. Assistant City lerk ~fr \PPROVED AS 10 1 OR\1 p EXHIBIT A TO RESOLUTION 2024-101 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: FLEX L owelan d/Longmoni Trips FLEX Boulder Express Trips SOUTH TRANSIT CENTER DOWNTOWN TRANSIT CENTERatTRANSFORTROUIES a.aFOSSILC,IIr m IS a,, SKYWAY SOU H TRANSIT CENTER ~L~AND FORE COWNI L0I WTH SB ~NB a LDVLLRBWtASIWEA C~IW I.OVELANO FOOD BANK 0 IF NB L~uMommmILnEacoUNIv EISENHOWER 12 Or =._L4..9THCI I LORCM~T IL., 2 —•IRTNOUD BOULDER MOUNTAIN 4, a BLATNSJO RTO BOULDER 0 TRANSIT CENTTRw. RIO FOllIES ~5N1 ARAPSJICII~¶0 9TH ~,SlIY a~NOVTNS f 0TH COLLrSr Z CDEOFADO ~LJ EUCLID EXHIBIT A TO RESOLUTION 2024-101 2022 EXHIBIT B 2023 2024 Lovelands Additional 5307 %Passenger Activity Less 5307 Withheld Lovelands (2019,2021,2022)Amount Owed Contribution Amount Amount Owed Fort Collins 46.69%$926,002 $695,555 Loveland 32.32%$641,031 $537,379 $268,689 $268,689 Longmont 7.28%$144,439 Boulder County 6.25%$124,043 City of Boulder 5.23%$103,648 Berthoud 2.22%$44,026 $28,125 Total $1,983,189 Fort Collins UZA 5307 %TMA Service Area Breakdown Population $350,000 Fort Collins 65.84%$230,447 Loveland 29.61%$103,652 Berthoud 4.54%$15,901 highlighted —total owed by partner Operating Cost $2,001,672 $2,161,806 $2,248,278 Fares $40,000 N/A N/A CMAQ Flex to Boulder Enhancement $218,545 $225,102 N/A EcoPass Reimbursement $5,000 $5,000 N/A FASTER Funding $200,000 $200,000 $200,000 CSU Contribution $63,193 $63,193 $65,089 Remalnderto be split among partners $1,474,934 $1,668,511 $1,983,189