HomeMy WebLinkAbout2025-006-02/04/2025-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORA11 11
RESOLUTION 2025-006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INT ERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS, COLORADO AND THE CITY OF LOVELAND
FOR 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, 2025.
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
amendments: (a) are reasonably necessary and appropriate to protect the City's interests
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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 February 4, 2025.
ATTEST:
Effective Date: February 4, 2025
Approving Attorney: Madelene Shehan
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EXHIBIT A TO RESOLUTION 2025-006 INTERGOVERNMENTAL AGREEMENT FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND THE CITY OF LOVELAND This Agreement is made this_ day of _____ � 2025 between the City of Fort Collins, Colorado, a municipal corporation (hereinafter "Fort Collins"), and the City of Loveland, Colorado, a municipal corporation (hereinafter "Loveland") (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"); and 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 fully set forth herein.2.Fort Collins shall provide regional connector bus service, FLEX, in accordance with the terms of thisAgreement and as specifically identified and described in Exhibit A, attached hereto and incorporatedherein by this reference, throughout the term of this Agreement. The services identified and describedin Exhibit A are subject to increase, modification, reduction, and termination pursuant to this Section2 and Section 13 of this Agreement.Page 1 of9
EXHIBIT A TO RESOLUTION 2025-006 a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its solediscretion, to the extent Fort Collins determines appropriate given the demand for service andavailable resources. Prior to providing additional service at Fort Collins' expense, Fort Collinsshall provide advance written notice to the Partners. Prior to providing additional service withPartner contribution, Fort Collins and the, Partners will amend Exhibit A, and the respective! I , cost share associated with the change pursuant to Section 6 if the Partners all agree to suchadditional service and respective cost share. If the Partners and Fort Collins cannot agree toamend Exhibit A for the additional service then any such additional service that exceeds theservices 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 reasonableefforts to provide thirty (30) days of advance written notice to the Partners.b.In the event Fort Collins determines that circumstances require modification of FLEX servicesas described in Exhibit A to better accommodate the demand for service or the efficientprovision of service, Fort Collins shall be entitled to implement such modification at its solediscretion. Fort Collins will make reasonable efforts to provide thirty (30) days of advance writtennotice of any such modification to the Partners.3.This Agreement shall commence on January 1, 2025, and shall continue in full force and effect untilDecember 31, 2025, unless sooner terminated as herein provided.4.Fort Collins agrees that all services provided under this Agreement shall be consistent with Transfortsystem 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 financialcommitments herein made, Loveland agrees to contribute to the direct and indirect costs of operatingFLEX, as supplemented by such additional federal or state grant funds as may be available therefor. TheParties agree to use ridership data to formulate the cost share associated with each Partner. Based onaverage ridership data from 2019, 2021 and 2022 for each term of this Agreement, Loveland's share ofdirect and indirect costs of operating FLEX for the year 2025 is $315,047, subject to Sections 6 and 7.Loveland shall pay to Fort Collins this amount less its pro rata share of any FLEX Fare Revenue andFLEX Revenue, pursuant to Section 6. Fort Collins will invoice Partners within thirty (30) days ofexecution of the Agreement for the FLEX service provided in 2025. Such payment shall be made withinsixty (60) days after receipt of an invoice.6.The Parties acknowledge and agree that the budget proposal for operation of FLEX for 2025 as describedin Exhibit B, attached hereto and incorporated herein by this reference, includes estimated operationexpenses, projected FLEX Revenue, and anticipated revenues from bus fares pursuant to Section 9("FLEX Fare Revenue").a.The Parties agree that all FLEX Revenue and FLEX Fare Revenue shall be used to supplementFLEX operation expenses to equally benefit the Parties. The Parties acknowledge and agree that,based on variables such as ridership and the actual amount of applicable grant funding awarded,Page 2 of9
EXHIBIT A TO RESOLUTION 2025-006 the true FLEX Revenue and FLEX Fare Revenue may differ from the estimates described in Exhibit B. Therefore, adjustments to the Parties' cost contributions may be necessary from time to time and may be approved by mutual written agreement of the Parties' Representatives. b.Federal or state grant funds as may be available, including any FASTER funds awarded, shall beincluded in the FLEX Revenue.c.Any additional revenues collected by Loveland from the operation of FLEX shall be remitted toFort Collins. Such revenue, and any additional revenues collected by Fort Collins from theoperation of FLEX, shall be included in the FLEX Revenue.d.If FLEX Revenue and FLEX Fare Revenue for 2025 is insufficient to meet the budget foroperation of FLEX, the Parties may elect to appropriate and pay their pro rata share of anyshortage. If either Party does not appropriate and pay its pro rata share of the shortage in FLEXRevenue and FLEX Fare Revenue, Fort Collins in its sole discretion may reduce FLEX servicesas necessary to reduce operating expenses in an amount sufficient to address such a shortage orterminate FLEX service. Prior to any reduction in service or termination, Fort Collins shallprovide advance written notice to the Partners.7.The Parties agree to run a ridership analysis on a triennial basis and adjust cost shares according toridership quantities relative to each Partner. The next analysis will be conducted in 2026. Ridership datawill be an average of the previous three (3) years of service.8.Fort Collins Transfort buses will utilize existing Regional Transportation District (hereafter "RTD")stops in Boulder County, 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 not currently charging fares for the Transfort bus system. Nevertheless, FortCollins in its sole discretion shall be entitled to modify the fare to be charged as necessary for the efficientand cost-effective operation of FLEX, provided that advance wri tten notice of any such modification isprovided to Loveland. 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 forsuch fare receipts and ridership levels. Fort Collins shall prepare quarterly reports of such receipts andridership 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 RTD Eco Pass willbe accepted as full fare to ride FLEX; however, free transfers from FLEX to RTD will not be honored.1 I. Each Party shall designate a representative ("Party's 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 the address, telephone, and email information of the Party's Representative. All notices to be provided under this Agreement shall be provided to the Parties' Representatives. Any notiGe pursuant to this Agreement shall be hand-delivered or sent by certified Page 3 of9
EXHIBIT A TO RESOLUTION 2025-006 mail, return receipt requested, and addressed to the Party's Representative. Any such notice shall be deemed given upon hand-delivery to the Party's Representative, delivery to their address, or three (3) days after mailing. If to Fort Collins: Trans fort 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. Box580 Fort Collins, CO 80522 If to Loveland: Public Works Director City of Loveland 2525 West 1" 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, to a reasonable extent, in the development and implementation ofany 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 suchservice. However, such cooperation shall not require the expenditure of funds more than the specificamounts set forth in Section 5 and Exhibit B, unless approved in writing and duly appropriated by theParties.13.The Parties acknowledge that their obligations under this Agreement are subject to annual appropriationby the governing body of each respective Party and shall not constitute or give rise to a general obligationor other indebtedness of either Party within the meaning of any constitutional or statutory provision orlimitation of the State of Colorado nor a mandatory charge or requirement against either Party in anyensuing fiscal year beyond the current fiscal year. If the governing body of either Party fails to budgetPage 4 of9
EXHIBIT A TO RESOLUTION 2025-006 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 Parry has been declared in default, such defaulting Parry shall be allowed a period of thirty(30)days within which to cure said default. In the event the default remains uncorrected, the Parrydeclaring default may elect to terminate the Agreement and so notify the defaulting Parry in writing.Any amounts due to the non-defaulting Parry shall be paid within fifteen (15) days of the date notice oftermination 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, includingcosts, expenses, and attorney fees incurred, should Fort Collins be found liable as a result of anyaction or omission of Fort Collins or its officers, employees, and agents, in connection with theperformance 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 actionor omission of Loveland or its officers, employees, and agents, in connection with theperformance of this Agreement.c.Nothing in this Section 15 or any other provision of this Agreement shall be consttued as awaiver of the notice requirements, defenses, immunities, and limitations the Parties may haveunder the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S. et seq.) or any otherdefenses, immunities, or limitations of liability available to any Parry by law.d.Any liability of the Parties under this Agreement shall be subject to appropriation of funds bytheir respective governing bodies sufficient to satisfy such liability as required by their Charterprovisions.e.No elected official, director, officer, agent or employee of the Parties shall be charged personallyor held contractually liable under any term or provision of this Agreement, or because of anybreach thereof, or because of its or their execution, approval, or attempted execution of thisAgreement.16.This Agreement embodies the entire agreement of the Parties about the FLEX program. The Partiesshall not be bound by or be liable for any statement, representation, promise, inducement, orunderstanding of any kind or nature not set forth herein or agreed to pursuant to Section 18.17.The Parties may not assign this Agreement, any part hereof, or their rights hereunder without the expresswritten consent of all of the Parties. Any attempt to assign this Agreement in the absence of such writtenconsent shall be null and void ab initio.Page 5 of9
EXHIBIT A TO RESOLUTION 2025-006 18.No changes, amendments or modifications of any of the terms or conditions of this Agreement shall bevalid unless reduced to writing and signed by the Parties' Repres entatives, except as provided herein.19.The laws of the State of Colorado shall be applied to the interpretation, execution and enforcement ofthis Agreement. The Parties recognize the legal constraints imposed upon them by the constitutions,statutes, and regulations of the State of Colorado and the United States and those imposed upon theParties by their respective charters, municipal codes, and other similar documents, and subject to suchconstraints, the Parties intend to carry out the terms and conditions of this AgreementNotwithstanding any other provision in this Agreement to the contrary, in no event shall any partyexercise 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 thisAgreement 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 awaiver of any such provision or prevent that Party thereafter ftom enforcing each and every otherprovision of this Agreement.22.This Agreement does not and is not intended to confer any rights or remedies upon any entity or personother than the Parties.23.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 theoriginal 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 deemedoriginal signatures for purposes of this Agreement a nd all matters related thereto, with such scannedand electronic signatures having the same legal effect as original signatures.[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
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EXHIBIT A TO RESOLUTION 2025-006 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'sDay, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.•Hours of Service: SAM - 8 PM•Frequency of Service: 60 MinutesService Area Maps: SCWIKl'UNIUCIAIIR z 1 . • ,. ..... f � ..
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EXHIBIT A TO RESOLUTION 2025-006 EXHIBITB 2025 PARTNER SHARE CAlCUlATION WITHOUT FASTER FUNDS 2025 PARTNER SHARE CALCUlATION WITH FASTER FUNDS
2013 202' 2025 2023 2024 2025
Optndrt,J•Cost $ 2,161,206 $ 2,248,278 $ 2,338,209 Opuatin1 Cost s 2,161,806 $ 2,248,278 $ 2,338,209
Faru r,/A N/A N/A
CMAQ,AutoBo!.:fd'-erU'l.h-1nc:tm.tl'lt $ 22S,102 N/A N/A
£:coPui; �im.ct.lirHmrnt $ 5,000 rt/A N/A
FASTER F"""1ot $ 200,000 s 200,000 $ .
CSU'Ccntrt'b!J'tic,n $ 63,193 s 65,oag I s 67,041
�,.,,.,mbe.sptit�PMtnen s l,.."3,Stl s 1_,983,139 $ 2..27:1.168
Fares N/A N/A N/A
°"1AQFIH to Sould:tr Enhanceml!!nt s 225,102 N/A N/A
EcoPass ReimborHment s S,000 N/A N/A
FAST£R Funding s 200,000 $ 200,000 s 200,000
CSUContributlon s 63,193 s 65,089 s 67,041
R4t0Wnderto b• split among p1rtnu1 $ 1,668,511 s 1,983,189 $ 2,071,168
lov.eland'.s Loveland's Additlomil
"Paswnpr FY255307
Ac:ti'Yity (2019, Lus5307 Withheld lov•li.nd's
2021,20221 AmountOwed Contribution Amount Amo unt Owed
Additional
"Pus.ncu FY25 5307
A«ivity(2019, less 5307 Wiihh•ld Loveland',
2021,2022) AmountOW•d Conttibution Amount AmountOw•d
fenCoU-fo-s 46,69ft S 1_,060.467 $ 631,637
L.o,-11cland 32.32,£ S 734,115 $ 630,095 $ 315,047 s 315,047
LC!fl'gm.cm: ,.ze" s 165,413
Fort Collins 46,699' $ 967,082 s 738,2S2
Loveland 32.32K s 669,469 $ 56S,449 s 282,724 $ 282,724
lon1mon, 7.289' $ 150,847 8Gi:141.rCoumy 6,25" S 142,056 Boulder County 6,251, s 129,S46 owot&ou�cf.u 5,231, $ 118,699 CityofBould•r S.23!1 $ 108,246 .. ,,,_ 2.22* S 50,419 $ 33,304 Berthoud 2.229' s 45,979 s 28,864 T-s 2,271,1.68 Total $ 2,071,168
"TMAService-1' TMA Service Ar•• Ar•a ra.tColflmU1A53078tukdovm Population s 350.000 Fort Collins UZA 5307 Breakdown Population s 350,000 Fori:C.O,Jin-� 6S.38'6 S 228,830 Fort Collins 65.389' s 228,830
Levt:landl 29,72!1 $ 104,020 Loveland 29.729' $ 104,020 .. ,,,,_ 09!, S 17,11S 1...._a;tobllaWINfb'l..-tnn-Berthoud 4.89'6 s 17,115
*hi&hl ir:ht • 10111 owed by partner Page 9 of9