HomeMy WebLinkAbout2025-007-02/04/2025-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORAI'
RESOLUTION 2025-007
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
A.Each year since 2016, the City has entered into an intergovernmental
agreement ("IGA") with the Town of Berthoud ("Berthoud") to provide FLEX Route
Regional Transit Services.
B.Both the City and Berthoud 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 Town of Berthoud 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 Town of Berthoud 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
Berthoud 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
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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 February 4, 2025.
ATTEST:
Effective Date: February 4, 2025
Approving Attorney: Madelene Shehan
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EXHIBIT A TO RESOLUTION 2025-007 INTERGOVERNMENTAL AGREEMENT FOR BUS SERVICE BE1WEEN THE CITY OF FORT COLLINS AND THE TOWN OF BERTHOUD This Agreement is made this _____ day of _______ , 2025 between the City of Fort Collins, Colorado, a municipal corporation (hereinafter "Fort Collins"), and the Town of Berthoud, Colorado, a public body corporate and politic (hereinafter "Berthoud") (Fort Collins and Berthoud 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 Berthoud; and WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter "Transfo�t"); 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, 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 Trans fort. 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 l.The foregoing 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 Agreementand as specifically identified and described in Exhibit A, attached hereto and incorporated herein bythis reference, throughout the term of this Agreement. The services identified and described in ExhibitA are subject to increase, modification, reduction, termination, and pursuant to this Section 2 andSection 13 of this Agreement.a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its solediscretion, to the extent Fort Collins determines appropriate given the demand for service andavailable resources. Prior to providing additional service at Fort Collins' expense, Fort Collinsshall provide advance written notice to the Partners. Prior to providing additional service with
EXHIBIT A TO RESOLUTION 2025-007 Partner contribution, Fort Collins and the Partners will amend Exhibit A, and the respective cost share associated with the change pursuant to Section 6 if the Par�ners all agree to such additional service and respective costshar'e!1 �f the Partners an'd Fort Cbllins cannot agree to amend Exhibit A for the additional service then any such additional service that exceeds the services described in Exhibit A may be reduced or stopped by Fort Collins, at its sole discretion. Prior to reducing or stopping any such additional service, Fort Collins will make reasonable efforts to provide 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, from time to time, in FortCollins' sole discretion, and that all such services shall be consistent with the Transfort operationschedule.5.In consideration of the services provided by Fort Collins under this Agreement, and the mutual financialcommitments herein made, Berthoud 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, Berthoud's share ofdirect and indirect costs of operating FLEX for the year 2025 is $33,304 subject to Sections 6 and 7.Berthoud 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 ofFLEX 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,the true FLEX Revenue and FLEX Fare Revenue may differ from the estimates described inExhibit B. Therefore, adjustments to the Parties' cost contributions may be necessary from timeto time and may be approved by mutual written agreement of the Parties' Representatives.Page 2 of9
EXHIBIT A TO RESOLUTION 2025-007 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 Berthoud 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. Ridershipdata will be an average of the previous three (3) years of service.8.Fort Collins Transfort buses will utilize Regional Transportation District (hereafter "RTD") stops inBoulder County, 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 currently is not 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 written notice of any such modification isprovided to the Partners. All Fort Collins discounted fare categories for Trans fort bus service will applyto FLEX. 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 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. RTD Eco Pass will beaccepted as full fare to ride FLEX; however, free transfers from FLEX to RTD will not be honored.11.Each Party shall designate a representative ("Party's Representative"), who shall be responsible formanaging such Party's performance of the terms of this Agreement and shall provide the other Partywith written notice thereof, along with the address, telephone, and email information of the Party'sRepresentative. All notices to be provided under this Agreement shall be provided to the Parties'Representatives. Any notice pursuant to this Agreement shall be hand-delivered or sent by certifiedmail, return receipt requested, and addressed to the Party's Representative. Any such notice shall bedeemed given upon hand-delivery to the Party's Representative, delivery to their address, or three (3)days after mailing.Page 3 of9
EXHIBIT A TO RESOLUTION 2025-007 If to Fort Collins: City of Fort Collins Transfort 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 Berthoud: Tm,.,n of Berthoud Assistant to the Town Administrator 807 Mountain Ave Berthoud, CO 80513 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. Such cooperation shall not require the expenditure of funds more than the specific amounts setforth in Section 5 and Exhibit B, however, 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 budgetand appropriate funds for its share of expenses as described in this Agreement, then this Agreementshall 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 thereoffrom the Party declaring default and a period of thirty (30) days within which to cure said default. InPage 4 of9
EXHIBIT A TO RESOLUTION 2025-007 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, includingcosts, expenses, and attorney fees incurred, should Fort Collins be found liable as a result ofany action or omission of Fort Collins or its officers, employees, and agents, in connectionwith the performance of this Agreement.b.Berthoud shall be responsible for all claims, damages, liability and court awards, includingcosts, expenses, and attorney fees incurred, should Berthoud be found liable as a result ofany action or omission of Berthoud or its officers, employees, and agents, in connection withthe performance of this Agreement.c.Nothing in this Section 15 or any other provision of this Agreement shall be construed as awaiver of the notice requirements, defenses, immunities, and limitations the Parties mayhave under the Colorado Governmental Immunity Act (Section 24-10-,101, et seq., C.R.S.)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 fundsby their respective governing bodies.e.No elected official, director, officer, agent or employee of the Parties shall be chargedpersonally or held contractually liable under any term or provision of this Agreement, orbecause of any breach thereof or because of its or their execution, approval or attemptedexecution of this Agreement.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 any part of this Agreement or its rights hereunder without the express writtenconsent of all of the Parties. Any attempt to assign this Agreement in the absence of such written consentshall be null and void ab initio.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' Representatives, 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 imposed upon the Partiesby their respective charters, municipal codes and other similar documents and, subject to suchPage 5 of9
EXHIBIT A TO RESOLUTION 2025-007 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. By the signature of its represenrntive below, each Party affirms that it has taken all necessary action to authorize said representative to execute this Agreement. By: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney By: CITY OF FORT COLLINS, COLORADO a municipal corporation Kelly DiMartino, City Manager TOWN OF B D, COLORADO ,,.., ,.,, .• "------------------------------Town Admi nistrator Page 7 of9
EXHIBIT A TO RESOJUTION 2025-007 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: 5AM - 8 PM•Frequency of Service: 60 MinutesService Area Maps: la�:1.'.�!! ��� � 11
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EXHIBIT A TO RESOLUTION 2025-007
202S PARTNER SHAAE' CAI.CUlATION Wlll-iOUT fASiEA FUNOS
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