HomeMy WebLinkAbout2025-008-02/04/2025-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORA' I
RESOLUTION 2025-008
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
A.Each year since 2016, the City has entered into an intergovernmental
agreement ("IGA") with the County of Boulder ("Boulder County") to provide FLEX Route
Regional Transit Services.
B.Both the City and Boulder County 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 Boulder County 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 Boulder County 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 Boulder
County 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 that the 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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Docuslgn Envelope ID: CFDD60C3-0A08-4D34-BE34-4CB77FB927EE EXHIBIT A TO RESOLUTION 2025-008 INTERGOVERNMENfAL AGREEMENf FOR BUS SERVICE BE'IWEEN THE Cl1Y OF FORT COLLINS AND BOULDER COUN1Y This Agreement is made this_day of , 2025 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") (Fort Collins and Boulder County 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 Boulder County; and WHEREAS, Fort Collins has irs own f1Xcd-route bus system (hereinafter "Transfort"); and WHEREAS, FLEX is a regional connector bus service operated by T ransfort (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 provide 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, the Parties have determined that significant economic and efficiency benefits result for each Party through the provision of FLEX by T ransfort. 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.T11e 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 bychis reference, throughout d1e term of this Agreement. The services identified and described in ExhibitA are subject to increase, modification, reduction, and termination pursuant to this Section 2 andSection 15 of this Agreement.a.Increased service beyond thfit 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 andPage I of9
D-Ocuslgn Envelope 10: CF0060C3-0A08-4D34-8E34-4CB77FB927EE EXHIBIT A TO RESOLUTION 2025-008 available resources. Prior to providing additional service at Fort Collins' expense, Fore 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 pursuant to Section 6 if the Partners all agree to such additional service and respective costshare. 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 ro reducing or stopping any such additional service, Fort Collins will make reasonable efforcs 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.TI1is Agreement shall commence on January l, 2025, and shall continue in full force and effect untilDecember 31, 2025, unless extended or sooner terminated as herein provided.4, Forr Collins agrees tl1at all services provided under this Agreement shall be consistent with T ransforr system operating policies and procedures, as the same may be amended, from time to time, in Fore Collins' sole discretion, and that all such services shall be consiscent with the Transforr operation schedule. 5.In consideration of the services provided by Fort Collins under this Agreement, and the mutualfinancial commitments herein made, Boulder County agrees to contribute to the direct and indirectcosts of operating FLEX, as supplemented by such additional federal or state grant funds as may beavailable therefor. The Parries agree to use ridership data to formulate the cost share associated witheach Partner. Based on average ridership data from 2019, 2021 and 2022 for each term of thisAgreement, Boulder County's share of direct and indirect costs of operating FLEX for the year2025 is $142,056, subject to Sections 6 and 7. Boulder County shall pay to Forr Collins chis amountless its pro rata share of any FLEX Fare Revenue and FLEX Revenue, pursuant co Section 6. ForrCollins will invoice Partners within thirty (30) days of execution of the Agreement for the FLEXservice provided in 2025. Such payment shall be made within sixty (60) days after receipt of aninvoice.6.TI1e Parries acknowledge and agree that the budget proposal for operation of FLEX for 2025 asdescribed in Exhibit B, attached hereto and incorporated herein by this reference, includesestimated operation expenses, projected FLEX Revenue, and anticipated revenues from bus farespursuant 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 Parries. TI1e Parries acknowledge and agree rhat,based on variables such as ridership and the actual amount of applicable granr funding awarded,the rrue FLEX Revenue and FLEX Fare Revenue may differ from the estimates described inPage2of9
Docuslgn EnveloJ)<I ID: CFDD60C3--0A084D34-8E34-4CB77FB927EE EXHIBIT A TO RESOLUTION 2025-008 Exhibit B. 1l1erefore, adjusnnents to d1e 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 Boulder County from the operation of FLEX shall beremitted to Fort Collins. Such revenue, and any additional revenues collected by Fort Collinsfrom che operation of FLEX, shall be included in the FLEX Revenue.d.If FLEX Revenue and FLEX Fare Revenue for 2025 is insufficient to meet d1e budget foroperation of FLEX, d1e Parties may elect to appropriate and pay their pro rata share of anyshortage. If eirher 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.7.1l1e 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 (hereinafter "RTD") stops inBoulder County, or as otherwise agreed upon by the Parties.9.1l1e 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. Neverd1eless, FortCollins in its sole discretion shall be entitled to modify rhe fare to be charged as necessary for rhe efficientand cost-i!ffective operation of FLEX, provided that advance written notice of any such modification isprovided to the Partners. All Fort Collins discounted fare categories for Transfort 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.I 0. 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 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 usingan Eco Pass must show the Eco Pass with die patron's photo to the FLEX operators. FLEX operatorsshould make a reasonable attempt to confirm that rhc photo on the Eco Pass is rhe patron's photo.FLEX operatocs will count each boarding made by Eco Pass via rhe fnrebox keypad or some othermethod. Boulder County will pay Fort Collins $ 1.25 for each Eco Pass boarding. Fort Collins willinvoice Boulder County not more ofren than quarterly for the Eco Pass boardings.Page3of9
Docuslgn Envelope ID: CFDD60C3-0A08-4D34-8E34-4CB77FB927EE EXHIBIT A TO RESOLUTION 2025-008 12.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 infonnation of the Parties'Representative. 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 certified mail,rerum receipt requested, and addressed to the Party's Representative. Any such notice shall be deemedgiven upon hand-delivery to the Party's Representative, delivery to their address, or three (3) days aftermailing.lf to Fort Collins: City of 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 Boulder County: Dale Case, Director, Community Planning & Permitting The County of Boulder POBox47l Boulder, CO 80306 13.The Parties agree to cooperate fully, to a reasonable extent, in the development and implementation ofany surveys or srudies 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.Such cooperation shall not require the expendirure of funds more than the specific amounts set forthin Section 5 and Exhibit B, however, unless approved in writing and appropriated by the Parties.14.The Parties acknowledge that their obligations under this Agreement are subject to annual appropriationby the governing body of each respective Party and shall not constirute or give rise to a general obligationor other indebtedness of either Party within the meaning of any constirutional or statutory provision orlimitation of the State of Colorado nor a mandatory charge or requirement against either Party in anyPage4of9
Oocusfgn Envelope ID: CFDD60C3-0A08-4O34-8E34-4CBnFB927EE EXHIBIT A TO RESOLUTION 2025-008 ensuing fIScal year beyond the current fIScal year. If the governing body of either Parry fails 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 thereoffrom the Parry declaring default and a period of thirty (30) days within which to cure said default. In theevent the default remains uncorrected, the Party declaring default may elect to terminate the Agreementand so notify the defaulting Parry in writing. Any amounts due to the non-defaulting Parry shall be paidwithin fifteen (15) days of the date 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, 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.Boulder County shall be responsible for all claims, damages, liability and court awards, includingcosts, expenses, and attorney fees incurred, should Boulder County be found liable as a result ofany action or omission of Boulder County or its officers, employees, and agents, in connectionwirh the performance of this Agreement.c.Nothing in this Section 17 or any other provision of this Agreement shall be construed as awaiver of the notice requirements, defenses, immunities, and limitations the Parties may haveunder the Colorado Governmental Immunity Act (Sections 24-10-101, C.R.S. el seq.) or anyother 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 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.17.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 nor set forth herein or agreed to pursuant to Section 20.18.The Parties may not assign any part of this Agreement or its rights hereunder without the express writtenconsent of all of the Parties. Anyatrempt to assign d1is Agreement in the absence of such written consentshall be null and void ab initio.19.No changes, amendments or modifications of any of the terms or conditions of this Agreement shall bePage5of9
Docuslgn Envelope ID: CFD060C3-0A08-4034-8E34-4C877FB927EE EXHIBIT A TO RESOLUTION 2025-008 valid unless reduced to writing and signed by the Patties' Representatives, except as provided herein. 20.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 suchconstraints, the Patties intend to cany out the terms and conditions of this Agreement. Notwithstandingany other provision in this Agreement to the contrary, in no event shall any party exercise any power ortake 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 thisAgreement to the extent that this Agreement is capable of execution.22.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 from enforcing each and every otherprovision of this Agreement.23.This Agreement does not and is not intended to confer any rights or remedies upon any entity or personother than die Parties.24.This Agreement may be executed in multiple counterparts; all counterparts so executed shall constituteone agreement binding upon all patties, notwithstanding that all patties are not signatories to theoriginal or the same counterpart.25.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 and all matters related thereto, with such scannedand electronic signatures having the same legal effect as original signatures.26.Each Party is a "public entity" under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, etseq., 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. 111is insuranceshall have minimum limits, which shall match or exceed the maximum governmental liability limits setforth in C.R.S. § 24-10-114, as amended.Page6of9
Docuslgn Envelope ID: CFDD60C3-0A08-4O34-8E34-4CBnFB927EE EXHIBIT A TO RESOLUTION 2025-008 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date fir.;r above written. By the signature of its representative below, each Parry affirms that it has taken all necessary action to authorize said representative to execute this Agreement. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney By, By: CITY OF FORT COLLINS, COLORADO a municipal corporation Kelly DiMartino, City Manager THE COUNTY OF BOULDER, a body corporate and politic Ashley Stolzmann, Chair, Board of County Commissioners Page7of9
Docuslan Envelope 10: CFDD80C3-0A084034-8E344CB77FB927EE EXHIBIT A TO RESOLUTION 2025-008 EXHIBIT A FLEX service will be provided within the following parameters: m •Days of Service: Monday -Friday {between the cities of Fort Collins and Boulder) andMonday -Saturday {between the cities of Fort Collins and Longmont). No service isprovided on New Year's Day, Memorial Day, Independence Day, L�bor Day, ThanksgivingDay and Christmas Day.•Hours of Service: SAM - 8 PM•Frequency of Service: 60 MinutesService Area Maps: H11tt coums
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