HomeMy WebLinkAbout2025-010-02/04/2025-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORARESOLUTION 2025-010
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 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, 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
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
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consi stent 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 February 4, 2025.
ATTEST:
ic4t1�-�
Effective Date: February 4, 2025
Approving Attorney: Madelene Shehan
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Docuslgn Envelope ID: 6309ADB7-!lll18-4A9B-8A5O·583FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
RESOLUTION R-2024-79
2 A RESOLUTION OF THE LONGMONT CITY COUNCIL APPROVING THE
3 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LONGMONT AND
4 THE CITY OF FORT COLLINS FOR FLEX BUS SERVICES
5
6 THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, RESOLVES:
7 Section I
8 Under section 13. 7 of the Longmont Home Rule Charter and section 4.12.095 of the
9 Longmont Municipal Code, the Council approves and authorizes the Mayor to sign the
IO intergovernmental agreement referenced in the title of this resolution in substantially the form now
11 before the Council.
12 Section 2
I 3 The Council repeals all resolutions or parts of resolutions in conflict with this resolution,
14 but only to the extent of such inconsistency.
15 Passed and adopted this 19th day of November, 2024.
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ATTEST:
ResolLllion Apptovins IG,\ wilhfon Cotlins (o, fl.EX Bus Sc:nite5_ FINAL.10f29/20l<I
Docuslgn Envelope ID: 6309ADB7•98184A9B-8ASD-583FFCB65F13
I 2 3 4
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APPROVED AS TO FORM:
Gt.,....,, ==.!.:.1� .. ASSISTANT CITY ATTORNEY
PROOFREAD
APPROVED AS TO FORM AND SUBSTANCE: u;;z; IMTE UiHBQl 189 ... ORIGINATING DEPARTMENT
CA File: 24-003 I 84
kclollllioa AppminglGA with Fort CoUins ror FLEX kl SeM«:s_FINA1._IO/l9/2024 2 EXHIBIT A TO RESOLUTION 2025-010
11/15/2024 I 11:44 AM MST
DATE
11/15/2024 I 11:42 AM MST
DATE
11/15/2024 11:25 PM MST
DATE
Docuslgn Envelope ID: 6309ADB7-9B18-4A9B-BA50-5B3FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND THE CITY OF
LONGMONT
This Agreement is made this day of , 202 between the City of
Fort Collins, Colorado, a municipal corporation (hereinafter "Fort Collins"), and the City of
Longmont, Colorado, a municipal corporation (hereafter "Longmont") (Fort Collins and
Longmont 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 Longmont; 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 detennined 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
I.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 tenns of this
Agreement and as specifically identified and described in Exhibit A, attached hereto and
incorporated herein by this reference, throughout the term of this Agreement. The services
identified and described in Exhibit A are subject to increase, modification, reduction,
tennination, and pursuant to this Section 2 and Section 13 of this Agreement.
a.Increased service beyond that described in Exhibit A may be provided by
Fort Co llins, at its sole discretion, to the extent Fort Collins detennines
JOA 11,illl Cil)' or Fart Colllm and cay orLoni;mon1 for FLEX Bia Stfvioo in l025J'INAL_ 1000/2014
Oocuslgn Enwlope ID: 6309ADB7-9818-4A911-8A50-583FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
appropriate given the demand for service and available resources. Prior to
providing additional service at Fort Collins' expense, Fort 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 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 services as described in Exhibit A to better
accommodate the demand for service or the efficient provision of service,
Fort Collins shall be entitled to implement such modification at its sole
discretion. Fort Collins will make reasonable efforts to provide thirty (30)
days of advance written notice of any such modification to the Partners.
3.This Agreement shall commence on January I, 2025, and shall continue in full force andeffect until December 31, 2025, unless sooner terminated as herein provided.
4.Fort Collins agrees that all services provided under this Agreement shall be consistent with
Transfort system operating policies and procedures, as the same may be amended, from time
to time, 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 financial commitments herein made, Longmont agrees to contribute to the direct and
indirect costs of operating FLEX, as supplemented by such additional federal or state grant
funds as may be available therefor. The Parties agree to use ridership data to formulate the
cost share associated with each Partner. Based on average ridership data from 2019, 2021
and 2022 for each term of this Agreement, Longmont's share of direct and indirect costs of
operating FLEX for the year 2025 is $165,413, and, subject to Sections 6 and 7. Longmont
shall pay to Fort Collins this amount less its pro rata share of any FLEX Fare Revenue and
FLEX Revenue, pursuant to Section 6. Fort Collins will invoice Partners within thirty (30)
days of execution of the Agreement for the FLEX service provided in 2025. Such payment
shall be made within sixty ( 60) days after receipt of an invoice.
6.The Parties acknowledge and agree that the budget proposal for operation of FLEX for 2025
as described in Exhibit B, attached hereto and incorporated herein by this reference, includes
estimated operation expenses, projected FLEX Revenue, and anticipated revenues from busfares pursuant to Section 9 ("FLEX Fare Revenue").
a.The Parties agree that all FLEX Revenue and FLEX Fare Revenue shall be
2
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Oocuslgn Envelope 10: 6309AOB7•9816-4A9B•BA50-583FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
used to supplement FLEX 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 in Exhibit B. Therefore, adjustments to the Parties'
cost contributions may be necess ary 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 be included in the FLEX Revenue.
c.Any additional revenues collected by Longmont from the operation of
FLEX shall be remitted to Fort Collins. Such revenue, and any ad ditional
revenues collected by Fort Collins from the operation 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 for operation of FLEX, the Parties may elect to appropriate and
pay their pro rata share of any shortage. If either Party does not appropriate
and pay its pro rata share of the shortage in FLEX Revenue and FLEX Fare
Revenue, Fort Colli ns in 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 any reduction in
service or termination, Fort Collins shall provide advance written notice to
the Partners.
7.The Parties agree to run a ridership analysis on a trienni al basis and adjust cost shares
according to ridership quantities relative to each Partner. The next analysis will be conducted
in 2026. Ridership data will 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 currently is not charging fares for the Transfort bus
system. Nevertheless, Fort Collins in its sole discretion shall be entitled to modify the fare to
be charged as necessary for the efficient and cost-effective operation of FLEX, provided that
advance written notice of any such modification is provided to the Partners. All Fort Collins
dis counted fare categories for Transfort bus service will app ly to FLEX. Fort Collins shall
collect any fares due from passengers and accurately record and ac count for such fare receipts
and ridership levels. Fort Collins shall prepare quarterly reports of such receipts and ridership
levels and shall provide such quarterly reports to the Partners.
IO. All Fort Collin s 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
3
IGA Vlith Ciiy or Fon Collins and City d'Longmont (ot Fl.EX Bu:J 5cMc:ci iii 20?5 _FINAL_IOIJOl201"
Docuslgn Envelope ID: 6309ADB7-9818-<IA9B-8A5D-583FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
will not be honored.
11.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 notice pursuant to this
Agreement shall be hand-delivered or sent by certified 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.
lfto 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 Longmont:
Transportation
Planning Manager
City of
Longmont
385 Kimbark Street
Longmont, CO 8050 I
With a copy to:
City Attorney
City of
Longmont
350 Kimbark Street
Longmont, CO 80501
4
IOA "'1th City orF01tCcllins and City Qfl.oitgmgnt l'or Fl.EX ht �in l02S_FJNAL_10/lono2-4
Oocuslgn Envelope ID: 6309ADB7-9818-4A9B-8A50-583FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
12.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 perfonnance of FLEX
or the need for such service. However, such cooperation shall not require the expenditure of funds
more than the specific amounts set forth in Section Sand 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
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 the meaning of any
constitutional or statutory provision or limitation of the State of Colorado nor a mandatory charge
or requirement against either Party in any 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 tenninate 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 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 (IS) days of the datenotice 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, 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 perfonnance of this
Agreement.
b.Longmont shall be 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 any action or omission of Longmont or
its officers, employees, and agents, in connection with the performance of this
Agreement.
c.Nothing in this Section 15 or any other provision of this Agreement shall
be construed as a waiver of the notice requirements, defenses, immunities, and
limitations the Parties may have under the Colorado Governmental Immunity
Act (Section 24-I0-101, 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 satisfy
such liability as required by their Charter provisions.
e.No elected official, director, officer, agent or employee of the Parties
shall be charged personally or held contractually liable under any tenn or
s
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Docuslgn Envelope ID: 6309ADB7-9818-4A98-BA5D-583FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
provision of this Agreement, or because of any breach thereof or because of its
or their execution, approval or attempted execution of this Agreement.
16.This Agreement embodies the entire agreement of the Parties about the FLEX program.
The Parties shall not be bound by or be liable for any statement, representation, promise,
inducement or understanding 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 written consent of all of the Parties. Any attempt to assign this Agreement in the absence
of such written consent shall be null and void ab initio.
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' Representatives,
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 respecti ve 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 eventshall 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 oflaw shall not invalid ate 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 from 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, notwi thstanding 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, et seq. 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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANKJ
6
IOA .,.,;m City of Fen Collins atd Cit, ofl.ollgmocit for FLEX Bus StMoein 20U_f1NAL_ICIW202-'
Docoslgn Envelope ID: 6309ADB7-9818-4A9B-8A5D-583FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
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.
By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
Kelly DiMartino, City Manager
7
IGA with Cil)'cl' Forl Collim&nd Cily orLonarnocu for FLEX Bid 5avia, in 202, �flNAL_JOIJOfl024
Docuslgn Envelope ID: 6309ADB7-9B18-4A9B-8A50-583FFCB65F13
CITY OF LONGMONT:
ATTEST:
4WJ: !S!ceee•ee ... CITY CLERK
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY
I ODUCD:!EC!P 1:,1oJl ... PROOFREAD
APPROVED AS TO FORM AND SUBSTANCE:
QZz:;
ORiofNX'tiNG DEPARTMENT
CA File: 24.003184
IGA wi1fl City of Fon Callins aricl Ci!y d'l..ongmcnC ror FLEX Ben SCM«in 202S _F1NAL_IM0/2024
EXHIBIT A TO RESOLUTION 2025-010
11/20/2024 ( 12:49 PM MST
DATE
11/15/2024 ) 11:44 AM MST
DATE
11/15/2024 ( 11:42 AM MST
DATE
11/15/2024 ( 1:25 PM MST
DATE
8
Docuslgn Envelope ID: 6309ADB7-9B18-4A9B-8A5D·583FFCB65F13 EXHIBIT A TO RESOLUTION 2025-010
EXHIBIT A
FLEX service will be provided within the following parameters: •Days of Service: Monday -Friday (between the cities of Fort Collins and Boulder) andMonday through Saturday (between the cities of Port Collins and Longmont). No serviceis provided on New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day and Christmas Day.•Hours of Service: 5AM -8 PM•Frequency of Service: 60
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EXHIBIT A TO RESOLUTION 2025-010
Certlflc�te_Of, Completlo_n:_
Envelope Id: 6309ADB798184A9B8ASD583FFCB65F13
Subject: R-2024-79_Resolulion Approving IGA with Fort Coffins for FLEX Bus SeNi .. ,
Source Envelope:
Document Pages: 12
Certificate Pages: 5
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 1 0
lnfllals: 0
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
Record Tracking· .... _, .... ,-... , , .. ,,
Status: Original
11/15/2024 11 :35:26 AM
Signer Eve�ts,
Cristi Campbell
crist1.campbell@longmon1colorado.gov
Legal Admlnlstrafor Paralegal
Clly of Longmont
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Not Offered via DocuSlgn
Christopher Robbie
Christopher.robble@longmonlcolorado.gov
Assistant City Attorney II
Clly of Longmont
Security Level: Email, Account Authentication (Optional)
Electronic Record and Signature Dlsclosure:
Not Olferad via DocuSlgn
Phtl Greenwald
phll.greenwald@longmontcolorado.gov
Security Level: Email, Account Authentication
(Optional)
Electronic Record and Signature Disclosure:
Accepted: 11/lS/20241:24:44 PM
10: d4e2ad71-aC8a•4029-972d•739a74411a1b
Mayor Pro Tem Susie Hldalgo•Fahring
susfe.hldalgo-lahring@longmontcolorado.gov
Security Level: Email, Account Aulhenlfcalfon
(Optional)
Eloctrontc Record and Signature Dlsclosuru:
Acoepled: 11/20/2024 11 :55:52 AM
ID: 2129456a-dee5•44bb-a63d·75cb16d1dd1c
. "•. . .. •· ,,,,,, .. ;..-' . ..,.,
Holder. Michelle Gomez
mlchelle.gomez@longmonlcolorado.gov
Slgn11ture
@ ....... �'-
Signature Adoption: Drawn on Device
Using IP Address: 86.186,213.152
Signature Adoption: Drawn on Device
Using IP Address: 98.245.154.242
Signature Adoption: Uploaded Signature Image
Using IP Address: 69,87.213.124
Signature Adoption: Pre-selected Style
Using IP Address: 204.154.122.134
Odocusign
Staius: Completed
Envelope Originator.
Michelle Gomez
350 Klmblllk Si.
Longmont, CO 80501
mlchelle.gomez@longmontcolorado.gov
IP Address: 69.87,213.124
Location: OocuSlgn
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Seni: 11/1S/2024 11 :39:26 AM
Viewed: 11115/2024 11 :42:32 AM
Signed: 11/15/2024 11 :42:37 AM
Sent: 11/1612024 11:42:40 AM
Viewed: 11/15/2024 11 :43:58 AM
Signed: 11115/2024 11 :44:29 AM
Senf: 11/1512024 11 :44:32 AM
Viewed: 11115/20241:24:44 PM
Signed: 11/15/20241:25:38 PM
Sent: 11/20/2024 S:00:09 AM
Resent: 1112012024 10:42:03 AM
Viewed: 11120/2024 11 :55:52 AM
Signed: 11120/2024 11 :56:45 AM
Dawn Quintana dawn.qulnlana@longmontcolorado.gov Clly Clerk Clly ol Longmont Securily Level: Email, Account Aulhenllcallon (Opllonal)
Electronic Record and Signature Disclosure: Not Oflered via DocuSlgn
In Person Slgner:Events •
Editor Delivery Events
Agent Deliver)'. E11ents
eer1meit oei1verv Events ·
carbon Copy Events
Witness Events
Notary Events.
Envelope Summary Events
Envelope Sent Envelope Updated Envelope Updated Certlned Delivered Signing Complete Completed
Payment Events
EXHIBIT A TO RESOLUTION 2025-010
Signature Adoption: Uploaded Signature Image Using IP Address: 69.87.213.124
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Signed: I 1120/202412:49:43 PM
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11/151202411:39:26AM 11/20/202410:42:02 AM 11/2012024 10:42:02 AM 11/20/202412:49:14 PM 11/2012024 12:49:43 PM 11/201202412:49:43 PM
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Electronic Record and Slgnatiir.e Disclosure
Electronic Record and Signature Disclosure crealed on: 1/29/2024 1:23:45 PM
Parties agreed to: Phil Greenwald, Mayor Pro Tem Susie Hldalgo-Fahring
EXHIBIT A TO RESOLUTION 2025-010
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, COSIPA 0B0 City of Longmont (we, us or Company) may be required by
law to provide to you certain written notices or disclosures. Described below are the tenns and
conditions for providing to you such notices and disclosures electronically through the DocuSign
system. Please read the infonnation below carefully and thoroughly, and if you can access this
infonnation electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confinn your agreement by selecting the check-box next to 'I agree to
use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a Docu'Sign account, you may access the do cuments for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must infonn us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you i_n paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
EXHIBIT A TO RESOLUTION 2025-010
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please als o see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact COS IPA OBO City of Longmont:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: valerie.scott@longmontcolorado.gov
To advise COSIPA OBO City of Longmont of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us
at valerie.scott@longmontcolorado.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from
you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from COSIPA OBO City of Longmont
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email
to valerie.scott@longmontcolorado.gov and in the body of such request you must state your
email address, full name, mailing address, and telephone number. We will bill you for any fees at
that time, if any.
To withdraw your consent with COSIPA OBO City of Longmont
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
EXHIBIT A TO RESOLUTION 2025-010
i.decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii.send us an email to valerie.scott@longmontcolorado.gov and in the body of such request you
must state your email, full name, mailing address, and telephone number. We do not need any
other information from you to withdraw consent.. The consequences of your withdrawing
consent for online documents will be that transactions may take a longer time to process ..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guidcs/siancr-guiclc
si 211in g-svstem-reguiremcnts.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to 'I agree to use electronic records and signatures' before
clicking 'CONTINUE' within the DocuSign system.
By selecting the check-box next to 'I agree to use electronic records and signatures', you confirm
that:
•You can access and read this Electronic Record and Signature Disclosure; and•You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and•Until or unless you notify COSIPA OBO City of Longmont as described above, you
consent to receive exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided
or made available to you by COSIPA 0B0 City of Longmont during the course of your
relationship with COSIPA OBO City of Longmont.