HomeMy WebLinkAbout2025-009-02/04/2025-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORA
RE SOLUTION 2025-009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS, COLOR ADO AND THE CITY OF BOULDER FOR
FLEX ROUTE REGIONAL TRANSIT SERVICES
A.Each year since 2016, the City has entered into an intergovernmental
agreement ("IGA") with the City of Boulder ("Boulder'') to provide FLEX Route Regional
Transit Services.
B.Both the City and Boulder 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 Boulder 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 Boulder 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
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 2025-009 INTERGOVERNMENTAL AGREEMENT FOR BUS SERVICE BE1WEEN THE CITY OF FORT COLLINS AND CITY OF BOULDER This Agreement is made this_day of ___ � 2025 between the City of Fort Collins, Colorado, a home rule municipal corporation (hereinafter "Fort Collins"), and the City of Boulder, Colorado, a home rule city (hereinafter "Boulder") (Fort Collins and Boulder 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; 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, 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 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 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, and termination, 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 CollinsPage 1 of9
EXHIBIT A TO RESOLUTION 2025-009 shall provide advance written notice to the Partners. Prior to providing additional service with Parmer contribution, Fort Collins and the Parmers 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 cost share. 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 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 Parmers. 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, Boulder 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, Boulder's share ofdirect and indirect costs of operating FLEX for the year 2025 is $118,699, and, subject to Sections 6and 7. Boulder shall pay to Fort Collins this amount less its pro rata share of any FLEX Fare Revenueand FLEX Revenue, pursuant to Section 6. Fort Collins will invoice Parmers 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,the true FLEX Revenue and FLEX Fare Revenue may differ from the estimates described inExhibit B. Therefore, adjustments to the Parties' cost contri butions may be necessary from timePage2of9
EXHIBIT A TO RESOLUTION 2025-009 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 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.cl.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 Collin� Transfort buses will utilize existing Regional Transportation District (hereinafter "RTD")stops in Boulder, 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 Transfort bus service will applyto FLEX. Fort Collins shall collect any fares due from pas sengers 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, but 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 address, telephone, and email information. All notices to beprovided under this Agreement shall be provided to the Parties' Representatives. Any notice pursuantto this Agreement shall be hand-delivered or sent by certified mail, return receipt requested, andaddressed to the Party's Representative. Any such notice shall be deemed given upon hand-delivery tothe Party's Representative, delivery to their address, or three (3) days after mailing.Page3 of9
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 City of Boulder: Transit Program Manager City of Boulder 1777 Broadway Boulder, CO 80302 With a copy to: City Attorney City of Boulder P.O. Box791 Boulder, CO 80306 EXHIBIT A TO RESOLUTION 2025-009 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 such service.Such cooperation shall not require the expenditure of funds more than the specific amounts set forthin Section 5 and Exhibit B, however, unless approved in writing and appropriated by the Parties.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 anyPage4 of9
EXHIBIT A TO RESOLUTION 2025-009 ensuing fiscal year beyond the current fiscal year. If the governing body of either Party 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. 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 Partydeclaring 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 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.City of Boulder shall be responsible for all claims, damages, liability and court awards, includingcosts, expenses, and attorney fees incurred, should City of Boulder be found liable as a result ofany action or omission of City of Boulder or its officers, employees, and agents, in connectionwith the 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 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 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.16.This Agreement embodies the entire agreement of the Parties about the FLEX program. The Partiesshall not be bound by or he 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.
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EXHIBIT A TO RESOLUTION 2025-009
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,
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 Party's 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 ftom 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, 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 the same legal effect as original signatures.
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EXHIBIT A TO RESOLUTION 2025-009 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. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney ATTEST: APPROVED AS TO FORM: ��
10/17/2024 ttyA.ttorney By: By: CI'IY OF FORT COLLINS, COLORADO a municipal corporation Kelly DiMartino, City Manager CITY OF BOULDER, COLORADO a Colorado home rule city jpt------Nuria Rivera-Vandermyde, City Manager Page7 of9
EXHIBIT A TO RESOLUTION 2025-009 EXHIBIT A FLEX setvice will be provided within the following parameters: •Days of Service: Monday -Friday (between the cities of Fort Collins and Boulder) and Mond ay -Saturday (between the cities of Fort Collins and Longmont). No setvice is provided on New Year'sDay, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.•Hours of Seivice: 5AM - 8 PM•Frequency of Setvice: 60 MinutesSetvice Area Maps: '" ����i;�lQ � 0 N 1·-IIIM _ _.,fttlll '°"'"-,ucr cunu r..ll Ill
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EXHIBIT A TO RESOLUTION 2025-009 EXHIBITB 2025 PARTNER SHARE CALCULATION WITHOUT FASTl:R FUNDS 2025 PARTNER SHARE CALCULATION WITH FASTl:R FUNDS
2023 2024 2015 2023 '2024 2025
Optiratir,.1C.Os: s 2,161,806 s 2,248,276 s 2,338,209 Opuatin1 Cost s 2,161,806 s 2,248,278 s 2,338,209
Faru N/A N/A N/A fues N/A N/A N/A
CUAQ Auto Bo4ader Enhan-cem•nt s 225,102 N/A N/A CMAQ Flu·to Boulder Enh11\c1m1nt s 22S,102 N/A N/A
EGoP111 Reimburum.em: s 5,000 N/A N/A EcoP1ss Relmbursament s 5,000 N/A N/A
FASTER Fa.Mini s 200,000 s 200,000 s FASTER FundinJ s 200,000 s 200,000 s 200,000
CSU Contribution. s 63,193 s 65,089 s 67,041 CSU Contribution s 63,193 s 65,089 s 67,041
R.enuindttr robe 1plk amonc pwtnen s 1.668,511 s 1,983,189 s 2,271.168 R•m1ind•r to be 11>lit amoni partnen $ 1,668,511 s 1,993,189 s 2,071,168
loveland'l Loveland',
Additional Additional
"Pauenpr FY255307 "PuMtncer FY15S307
Actmty (201.9, leuS307 Withheld Loveland', Activity 12019, Len5307 Whhh•ld Loveland's
2ou,2ou1 Amount Owed Contribution Amount AmountOwed 1021,20221 Amount Owed Contribution Amount Amount Owed
foftCdfin.:i 46.69;6 S 1,060,467 s 831,637 Fort Collins 46.699' s 967,082 s 738,2S2
1.ow.-and-32.32!< s 734,11S s 630,095 s 315,047 s 315,047 Loveland 32.3211 s 669,469 s 565,449 s 282,724 s 282,724
Lc-n1mc-nt 7.2 . .-,; s 165,413 Lon1monr 7.2896 s 150,847 Bou!NrCc.&.r".t¥ 6-25!6 s 142,056 Boulder County 6.2511 s 129,546
CitfcfBOIJf.Mr 5.23K s 118,699 City of Bould1r S,2311 s 108,246
24nbe4.sd 2.� s S0,419 s 33,304 Buthoud 2.229' s 45,979 s 28,864
T-s 1.271,:1.68 Total s 2,071,168
"TMA S.n,oice 9' TMA Service
Arn Area
Fort C.Oflir» IJZA 5307 8'«akdown Popul.sion s 350,000 Fort Collins UZA 5307 BrHkdown Popul11tlon s 350,000
FortCcfluu 65.38$! s 228,830 Fon Collini 65.389' s 228,830
l.ot'lland 2.9.72!< s 104,020 lov•land 29.7111 s 104,020
S.,U,oud 4.89K s 17,11S Berthoud 4.899' s 17,115
�bictalic,td:•IOCalOWffbyP(tnef 'hfcMichc • total owed by partner Page9 of9