HomeMy WebLinkAbout2021-021-02/16/2021-APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF BOULDER FOR FLEX ROUTE REGIONAL TRANSIT SEINTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
CITY OF BOULDER
This Agreement is made this _____ day of _______, 2021, between the City of Fort Collins,
Colorado, a municipal corporation (hereinafter “Fort Collins”), and the City of Boulder, a home
rule municipal corporation (hereinafter “Entity”) (collectively the “Parties” or singularly the “Party”).
RECITALS
WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins and City
of Boulder; and
WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter “Transfort”);
WHEREAS, FLEX is a regional connector bus service operated by Transfort in partnership with
Loveland, Berthoud, Longmont, City of Boulder, Boulder County and University of Colorado (hereinafter
“Partners”) to provide services to said communities pursuant to separate Intergovernmental Agreements; and
WHEREAS, Transfort is willing and able to extend FLEX services along the U.S. Highway 287 and
Highway 119 corridors between Fort Collins and Boulder (hereinafter “FLEX”) with stops in Fort Collins,
Loveland, Longmont, and Boulder; and
WHEREAS, 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:
1.Fort Collins shall provide connector bus service, FLEX, in accordance with the terms 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, termination, and pursuant to this Section 1 and Section 7 of
this Agreement.
a.Increased service beyond that described in Exhibit A may be provided by Fort Collins, at its sole
discretion, to the extent Fort Collins determines 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 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 30 days of advance written notice to
the Partners.
EXHIBIT A
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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 30 days of advance written notice of any such
modification to the Partners.
2. This Agreement shall commence on January 1, 2021 and shall continue in full force and effect until
December 31, 2021, unless sooner terminated or extended for a longer term as herein provided.
3. 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.
4. In consideration of the services provided by Fort Collins under this Agreement, and the mutual financial
commitments herein made, City of Boulder 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 entity. Based on average
ridership data from 2017, 2018 and 2019, for each term of this Agreement, City of Boulder shall pay to
Fort Collins the amount of $88,963 for the year 2021 as its share of direct and indirect costs of operating
FLEX subject to Section 7. Fort Collins will invoice Partners in the first quarter of 2021 for the FLEX
service provided in 2021 and the first quarter of each subsequent year. Such payment shall be made within
60 days after receipt of an invoice.
5. Any additional revenues collected by City of Boulder from the operation of FLEX, shall be remitted to Fort
Collins. Such revenue, and any additional revenues collected by Fort Collins from the operation of FLEX,
shall be used to supplement FLEX operation expenses and will equally benefit the Parties.
6. The Parties agree to run a ridership analysis on a triennial basis and adjust cost shares according to ridership
quantities relative to each Partner, upon the agreement of each Partner. Ridership data will be an average
of the previous year of service.
7. The Parties acknowledge and agree that the budget proposal for operation of FLEX for 2021 (or any
subsequent term of this Agreement if extended pursuant to Section 2) includes projected FLEX Revenue
and anticipated revenues from bus fares pursuant to Section 9 (“FLEX Fare Revenue”). If FLEX Revenue
and FLEX Fare Revenue for 2021 (or any subsequent term of this Agreement if extended pursuant to
Section 2) is insufficient to meet the budget for operation of FLEX, the Parties may elect to appropriate
and pay their prorata share of any shortage. If either Party does not appropriate and pay its prorata share
of the shortage in FLEX Revenue and FLEX Fare Revenue, Fort Collins 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.
8. Fort Collins Transfort buses will utilize existing 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.
Notwithstanding, Fort Collins in its sole discretion shall be entitled to modify the fare to be charged as
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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 discounted fare categories for Transfort bus
service will apply to FLEX. Fort Collins shall collect any fares due from passengers and accurately record
and account 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.
10. All Fort Collins and City of Loveland bus pass programs will be accepted as full fare to ride FLEX. Transfers
from FLEX to the Transfort or COLT bus systems will be honored. The Regional Transportation District
(hereinafter “RTD”) Eco Pass will be accepted as full fare to ride FLEX, but free transfers from FLEX to
RTD will not be honored.
11. Each Party shall designate a 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
address, telephone, and email information. All notices to be provided under this Agreement shall be
provided to such designated representatives. Any notice pursuant to this Agreement shall be hand -
delivered or sent by certified mail, return receipt requested, and addressed to the designated
representative. Any such notice shall be deemed given upon hand-delivery to the designated
representative or their address or three (3) days after mailing.
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 performance 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 4 and Exhibit B unless approved 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 shall fail 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 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: (?) I am confused by this. Neither governmental
entity can enter into an agreement to pay future costs not currently allocated. So neither can “agree” to pay
for future “claims, damages, liability and court awards,” - I would remove this paragraph all together.
a. Fort Collins shall be responsible for all claims, damages, liability and court awards, including
costs, expenses, and attorney fees incurred, as a result of any action or omission of Fort Collins or its
officers, employees, and agents, in connection with the performance of this Agreement.
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b. City of Boulder shall be responsible for all claims, damages, liability and court awards, including
costs, expenses, and attorney fees incurred, as a result of any action or omission of City of Boulder 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 24-10-101, C.R.S. et seq.) or any other defenses,
immunities, or limitations of liability available to any Party by law.
16. This Agreement embodies the entire agreement of the Parties. 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.
17. 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.
18. The laws of the State of Colorado shall be applied to the interpretation, execution and enforcement of this
Agreement. Venue shall be Larimer County District Court, Fort Collins, Colorado should City of Boulder
bring an action against Fort Collins, and shall be Boulder County District Court, Boulder, Colorado should
Fort Collins bring an action against City of Boulder.
19. 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.
20. 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.
21. This Agreement does not and is not intended to confer any rights or remedies upon any entity or person
other than the Parties
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
By:
CITY OF FORT COLLINS, COLORADO
a municipal corporation
___________________________________
Darin Atteberry, City Manager
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
CITY OF BOULDER, COLORADO
a municipal corporation
By: __________________________________
Interim City Manager
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
_______________________
City Attorney 12-08-2020
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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’s
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
• Hours of Service: 5AM – 8 PM
• Frequency of Service: 60 Minutes
Service Area Maps:
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EXHIBIT B