HomeMy WebLinkAbout2024-105-08/20/2024-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORARESOLUTION 2024-105
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 THE FLEX ROUTE REGIONAL TRANSIT SERVICES
A.Each year since 2016,the City has entered into an intergovernmental
agreement (“IGA”)with the City of Longmont (“Longmont”)to provide FLEX Route
Regional Transit Services.
B.Both the City and Longmont 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 the City of Longmont 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 Longmont 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
Longmont 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
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.
ATfEST:
I
City /rk
Effective Date:August 20,2024
Approving Attorney:Madelene Shehan
Mayor Pro
Docusign Envetope ID:7000991C-1058-40D1-8253-6A60E3C90186 EXHIBIT A TO RESOLUTION 2024105
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CUT OF FORT COLLINS ANDTIIE CITY OF
LONGMONT
This Agreement is made this IC)‘!±day of k JILl Ij .2024 between the City
of Fort Collins,Colorado,a municipal corporation (hereinafter “Fort Collins”),and the City of
Longmont,a municipal corporation (hereafter “l..ongmont”)(Fort Collins and l.ongmont
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 Cityof bngmont 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 Colorado State 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 US.Highway
281 andHighway 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 foreach 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,die Parties agree as follows:
AGREEMENT
1.The forgoing recitals are hereby incorporated as though fully set forth herein.
2.Fort Collins shall provide connector bus service,FLEX,in accordance with the terms of this
Agreement and as specifically identified and described in E.hihit A,attached hereto and
incorporated herein by this reference,throughout the term of this Agreement The services
identified and described in PxhihftA are subject to increase,modification,reduction,termination,
and pursuant to this Section 2 and Section 4 ofthis Agreement.
a.Increased service beyond that described hi Erhihit A may be provided by Fort Collins,at
its solediscretion,to the extent Fort Collins determines appropriate given the demand
for service and available resources.Prior to providing additional service at Fort Coffins’
expense,Fort Collins shall provide advance written notice to the Partners.Prior to
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Docusign Envelope ID:70009SZC-1058-40D1-8253-6A60E3C90188 EXHIBIT A TO RESOLUTION 2024-105
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 die Partners
and Fort Collins cannot agree to amend Exhibit A forthe additional service then any sudi
additional service thatexceecis die services described in PrhihitA maybe reduced or stopped
by Fort Collins,at its sole discretion.Prior to reducing or stoppingany such additional
service,Fort Collins will make reasonable efforts to provide 30 days of advancewrltten
notice to the Partners.
b.In die event Fort Collins determines that circumstances require modification of FLEX
services as described in ~~Mt A to better accommodate die demand for service or die
efficient provision of service,Fort Collins shall be entitled to implement such
modification at its sole discretion.FortCollins will make reasonable efforts to provide 30
days of advance written notice of any such niodification to die Partners.
3.This Agreement shall commence on January 1,2024 and shall continue in full force and effect
untilDeceniber 31,2024,unless sooner terminated as herein provided.
4.Fort Coffins agrees that all services provided under this Agreement shall be consistent with Transfort
systemoperating policies and procedures,as die same may be amended,from time to time,in Fort
Collins’solediscretion,and that all such services shall be consistent with die Transfort operation
schedule.
5.In consideration of the services provided by Fort Collins under this Agreement,and the mutual
financialcommitments herein made,Lougmont agrees to contribute to the direct and indirect
costs of operatingFLEX,as supplemented by such additional federal or state grant hinds 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 2019,2021 and 2022,Longniont shall pay
to Fort Collins the amount of $144,439 for the year 2024 and its share of direct and indirect costs
of operating FLEX subject to Section 7.Fort Collins will invoice Partners in the first quarter of
2024 for the FLEX service provided in 2024 and die first quarter of each subsequent year.Such
payment shall be made within 60 days after receipt ofan invoice.
6.Any additional revenues collected by Longmont from die operation of FLEX,shall be remitted
to FortCollins.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.
7.The Parties agree town a ridership analysis on a triennial basis and adjust cost shares according to
ridershipquantities relative to each Partner.Ridership data will be an average of the previous year
of service.
8.The Parties acknowledge and agree that die budget proposal for operation of FLEX for 2024
indudes projected FLEX Revenue and anticipated revenues from bus fares pursuant to Section
9 (“FLEX Fare Revenue”).If FLEX Revenue and FLEX Fare Revenue for 2024 is insufficient to
meet die budget for operation of FLEX,die Parties may elect to appropriate and pay their pro
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Docusign Envdope ID:7000997C-1058-40D1-82554A60E3C90186 EXHIBIT A TO RESOLUTION 2024-105
ram share of any shortage.Ifeither Party does not appropriate and pay its pro ram share of the
shortage in FLEX Revenue and FLEXFare Revenue,Fort Collins hi 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 anyreduction in service or termination,Fort
Collins shall provide advance written notice to die Partners.
9.Fort Collins Transfort buses will utilize existing Regional Transportation District (hereafter “RTD”)
stopsin 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 die Transfort bus system.
Notwithstanding,FortCollins in its sole discretion shall be entitled to modifr the fare to be charged
as necessary for die efficientand cost-effective operation of FLEX,provided that advance written
notice of any sudi modification is provided to the Partners.All Fort Collins discounted fare
categories for Transfort bus service will apply toFLEX.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 ofsuch receipts and ridership levels and shall provide such quarterly
reports to the Partners.
11.All Fort Collins and City of Loveland bus pass programs will be accepted as full fare to ride FLEX.
Transfersfrom FLEX to the Transfort or COLT bus systems will be honored.The RTD Leo Pass
will be accepted asftill fare to ride FLEX,but 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
perfornianceof the terms of this Agreement and shall provide the other Party with written notice
thereof,along withaddress,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 die 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
P.O.Box 580
FortCollins,CO 80522
Page 3 of 10
IGA with l.a Calla.Lot Sw 50MjR1AL06/17fl934
Docusign Envelope ID:7000997C-105840D1-8258-GMOE3COOISO EXHIBIT A TO RESOLUTION 2024-105
If to City of Longmont:
Transportation Planning Manager
City of Longmont
385 Kimbarlc Street
Longmont,CO 80501
With a copy to:
City Attorney
City of Longmont
350 Kimbark Street
Longmont,CO 80501
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 die
need forsuch service.However,such cooperation shall not require die expenditure of funds more
than die specific amounts set forth inF..hihit B,however,unless approved In writing and
appropriated by the Parties.
14.The Parties acknowledge that dieir 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 die meaning of any
constitutional or statutory provision or limitation of die State of Colorado nor a mandatory
charge or requirement against either Party in any ensuing fiscal year beyond die 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 tenninate as of die end
of the fiscal year for whidi such funds were last budgeted and appropriated.
15.In die 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 die default remains uncorrected,
the Party declaring default may elect to terminate die Agreement and so notifr die defaulting Party
in writing.Anyamounts due to die nondefaulting 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.Longmontshallbe responsible for all claims,damages,liability and court awards,including
costs,expenses,and attorney fees incurred,should Longmont be found liable as a result of
Page 4 of 10
lGA.a Pen ~,Latin,&n4ae_flNAL~WI7j~24
Doaisign Envelope ID:7000997C-1058-40D142534A60E3C90186 EXHIBIT A TO RESOLUTION 2024-105
any action oromission of Longmont or its officers,employees,and agents,in connection
with die performanceof this Agreement.
c.Nothing in this Section 16 or any other provision of this Agreement shall be construed as a
waiverof die notice requirements,defenses,immunities,and limitations the Parties may
have under theColorado 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.
d.Any liability of the Parties under this Agreement shall be subject to appropriation of
funds by their respective governing bodies sufficient to satisfj such liability as required
by their Charter provisions.
e.No elected official,director,officer,agent or employee of die Parties shall be charged
personallyor 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.
17.This Agreement embodies die entire agreement of die Parties about die FLEX program.The Parties
shailnot be bound by or be liable for any statement,representation,promise,inducement or
understanding ofany kind or nature not set forth herein.
18.The Parties hereto may not assign this Agreement or parts hereof or its rights hereunder without
the express written consent of all of die Parties.Any attempt to assign this Agreement hi the
absence of such written consent shall be nuLl and void ab iniflo.
19.No changes,aniendments or modifications of any of die terms or conditions of this Agreement
shall bevalid unless reduced to writing and signed by die Parties,except as provided herein.
20.The laws of die State of Colorado shall be applied to die interpretation,execution and enforcement
of this Agreement.The Parties recognize die legal constraints iniposed upon diem by die
constitutions,statutes,and regulations of die State of Colorado and die 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 die terms and
conditions of this Agreenient.Notwithstanding any oilier provision in this Agreement to die
contrary,in no event shall any party exercise any power or take any action which shall be
prohibited by applicable law.
21.Any provision rendered null and void by operation of law shall not invalidate the remainder of
this Agreement to die extent that diis Agreement is capable of execution.
22.Either Partys failure to enforce any provision of this Agreement shall not in any way be construed
as awaiver of any such provision or prevent that Party thereafter from enforcing eadi and every
odier provision of this Agreement.
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23.This Agreement does not and is not intended to confer any rights or remedies upon any entity or
personother than the Parties.
24.This Agreement may be executed in multiple counterparts;all counterparts so executed shall
constituteone agreement binding upon all parties,notwithstanding that all parties are not
signatories to the original or the same counterpart.
25.This Agreement may be executed by electronic signature in accordance with C.R.S.§2471.3401,
etseq.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 die same legal effect as original
signatures.
Page 6 of 10
IGA..á Rn Cdlhis faba 5a~Jfl1ALOWfl/ZO2+
Docuefgn Envefope ID:7000997C-1058-4001-8253-6A60E3C90186 EXHIBIT A TO RESOLUTION 2024-105
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date first above
written.Bythe signature of b representative below,each Party affirms that it has taken all necessary
action to authorizesaid representative to execute this Agreement.
CiTY OF FORT COLUNS,COLORADO
a municipal corporation
Kelly DiMartino,City Manager
A1TES~
Name,Tide
APPROVED AS TO FORM
Assistant City Attorney
Page 7 of 10
ICA~.Fot CoOhn (~Sw Sa..$NALOWI7flO24
C TY OF LONOMONT:
Docusign Envelope ID:7000997C-1058-4001-8253-6A6OE3C90186 EXHIBIT A TO RESOLUTION 2024105
APPROVED AS TO FORM AND SUBSTANCE:
OocuSign.d by:
korsL.7/8/2024
OR GINATING DEPARTMENT DATE
CA File No.24.00297?
PageS of 10
Oocusigned by
MAYOR
ATTEST:
r~
~T1Vft~k1~
APPROVED AS TO FORM:
Docusigned by.~
CD4Elip~O~~t4I~
ASSISTANT CITY ATTORNEY
DocuS.~ned by
7/10/2024
DATE
7/8/2024
k0t~~1~zukr
6~SG2~82SB°fl’flF
PROOFREAD
DATE
7/5/202 4
DATE
•A.i’F.niCollc.uIrniin.Sa,or.FINAL Ot’Jl7flO4
Docusign Envelope 0:7000997C-1058-4001-8253-6A60E3C90186 EXHIBIT A TO RESOLUTION 2024-105
EXHIBIT A
FLEX service w be provided within the following parameters.
Days of Service:Monday —Friday (between the cities of Fort Collins and
Bot der)and Monday through Saturday (between the cities of Fort Collins
and Longmonr).No service isprovided on New Year’s Day,Memorial Day,
Indepen ence Day,Labor Day,TlianksgivingDay and Christmas Day.
•Hours of Service:5AM —8 PM
•Frequency of Service:60 MinutesSen’ice Area Maps:
FLEX Lovnlnnd/Lnnomnnl Trips
Q SOUTH RANSIT CENTERi~TPST$’CM IOIJTIS
,r.tf1 CtSl~
SKYWAY
C
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I D~LT IuAI~MIR tO~IO
L~uiaETmOtR Oil cajole
Page 9 of 10
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Docusign Envelope D 7000997C-1058-40D1-8253-6A60E3c90186 EXHIBIT A TO RESOLUTION 2024-1 05
EXHIBIT B
2022 2023 2024
Operating Cost $2,001,672 $2,161,806 $2,248,278
Fares $40,000 N/A N/A
CMAQ Flex to Boulder
E hancement $218,545 $225,102 N/A
Ec Pass Reimbursement $5,000 $5,000 N/A
FASTER Funding $200,000 $200,000 $200,000
CSU Contribution $63,193 $63,193 $65.089
Remainder to be split among
partners $1,474,934 $1,668,511 $1,983,189
Loveland’s
AdditIonal 5307
%Passenger Activity Less 5307 Withheld Loveland 5
(2019,2021,2022)Amount Owed Contribution Amount Amount Owed
Fort Collins 46.69%5926,002 $695,555
oveland 32.32%$641,031 $537,379 $268,689 $268,689
ongmont 7.28%$144,439
Bou der 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
highlighled to al owed
by partner
Page 100110
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