HomeMy WebLinkAbout2021-019-02/16/2021-APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF BERTHOUD FOR FLEX ROUTE REGIONAL TRANSIT SINTER GOVERNMENTAL AGREEMENT FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND THE TOWN OF BERTHOUD This Agreement is made this _____ day of _______ , 2021, between the City of Fort Collins, Colorado, a municipal corporation (hereinafter "Fort Collins"), and the To\Vll of Berthoud, a public body corporate and politic (hereinafter "Entity") (collectively the "Parties" or singularly the "Party"). RECITALS WHEREAS, the Parties desire to provide regional connector bus service betw een Fort Collins and Entity; and WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter ''T ransfort"); WHEREAS, FLEX is a regional connector bus seivice operated by Transfort in partnership with Loveland, Berthoud, Longmont, City of Boulder, Boulder County and Colorado University (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: 1.Fort Collins shall provide connector bus seivice, FLEX, in accordance with the terms of this Agreementand as specifically identified and described in Exhibit A, attached hereto and incorporated herein by thisreference, throughout the term of this Agreement. The services identified and described in Exhibit A aresubject to increase, modification, reduction, termination, and pursuant to this Section 1 and Sections 14of chis 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 Collins shallprovide advance written notice to the Partners. Prior to providing additional service with Partnercontribution, Fort Collins and the Partners \vill amend Exhibit A and the respective cost shareassociated with the change. If the Partners ,md Fort Collins cannot agree to amend Exhibit A forthe additional service then any such additional service that exceeds the services described in ExhibitA may be reduced or stopped by Fort Collins, at its sole discretion. Prior to reducing or stoppingEXHIBIT A
any s uch addit iona l service, Fort Collins w ill make r easo nable effo rts to provide 30 d ays of advance
written n o tice to the Partne rs.
6 . In the eve nt Fo rt Co llins determines that circ ums tances require mo dificatio n o f FLEX serv ices as
d escribed in Exhibit A to better accommodate the d e mand for service or the e ffi c ient provision of
se rvic e, Fo rt Co llin s s h a ll be e ntitled t o implement s uch m o dificatio n at its sole disc retio n. Fo rt
Collins w ill m ake reason a ble effo rts to provid e 30 days o f adva n ce written n o tice of any su ch
m o dificatio n to the Partne rs .
2. This Agreem e nt s h a ll comme n ce o n Ja nuary 1, 202 1 and shall co ntinue in full force and e ffect until
D ece mbe r 3 1, 202 1 unless soo ne r te rmina ted as h e re in provided.
3. Fo rt Co llins agrees that a ll se rvices provided unde r this Agreeme nt s h a ll be con sis te nt with Trans fort syste m
o perating polic ies and procedures, as the sa me may b e a m e nded, from time to time, in Fort Collin s' sole
disc r etio n, a nd t hat all s uc h se rvices s h a ll b e co n s is te nt with the Tra n sfo rt operatio n sc hedule.
4. In co n side ratio n o f the se rvices provided by Fort Collins unde r this Agr ee me nt, a nd the mutua l finan cia l
commitme nts h e re in m ade, T own o f Bertho ud agrees t o contribute to the direc t and indir ect costs of
operating FLEX, as s upplem e nted by s uch add itio nal fed eral o r state g ra nt fund s as may b e ava ilable
the refo r. The Parties agree to use ride rship data to fo rmulate the cost share assoc iated with eac h e ntity.
Ba sed on average riders hip data from 20 17, 20 18 a nd 2019, for each te rm o f this Agreem ent, T own of
Berth o u d sh a ll pay to Fo rt Collins the amount of $38,127 fo r the year 2021 for its share of direct a nd
indirect costs o f o perating FLEX s ubj ect to an y cost share adjustme nt pursuant to Section 7 or n eed for
additional service pursuant to Sectio n 1. The C ity of Fort Collins currently m a intai n s and administe rs
Be rtho ud's portio n of the Urban ized Area Formula Funding (49 U.S.C. 5307) grant funds (th e "5 307
Funds"). Town of Bertho ud will allow t h e City o f Fo r t Collins t o w ithho ld $10,990 from its balance of
5307 Funds from the Fiscal Yea r 2020. T own of Berth o ud will re m a in resp o n sible fo r the re maining
amo unts owed under this IGA afte r deductio n of the 5307 Funds, in the amo u n t of $27,137. Fort Collin s
will invo ice Partners in the first quarter of 202 1 for the FLEX service provided in 202 1. Such payment s h a ll
be made within 60 days afte r receipt of a n invo ice .
5 . Any add itional reve nues collected by Town of Be r thoud fro m the operatio n of FLEX, sh all be re mitted to
Fo r t Collins. Su ch reve nue, and a ny additio n al r eve nues coll ected by Fort Collins fro m the operatio n of
FLEX , sh a ll b e used to su pple me nt FLEX ope ration expe n ses and w ill equally b e n efit the Parties .
6. The Pa rties agree to run a ride rs hip analys is o n a trie nnia l basis and adjust cost s h ares according to r ide rship
q u antities relative to each Partne r. Ride rs hip data will be an average o f the previous yea r of se rvi ce.
7. The Pa rties ac knowledge and agree that the budget p roposal fo r operatio n of FLEX for 2021 (o r a n y
s u bseq u e nt te rm o f t his Agree m e nt if exte nded pursuant to Section 2) includes projected FLEX Reven u e
and a n t ic ipated reve nues from bus fares pursu an t t o Section 9 ("FLEX Fare Reve nue "). If FLEX R eve nue
a nd FLEX Fare R eve nue for 202 1 (or any s ubseque nt term of this Agreeme nt if exte nded pursuan t to
Section 2) is insuffic ient to meet the budget fo r operatio n of FLEX, the Parties may e lect to ap propriate
a nd pay the ir pro rata sh a re o f any s h o rtage. If e ither Party d oes not appropriate a nd p ay its pro rata sh are
Page 2 of 7
of the sh o rtage in FLEX Reve n ue and FLEX Fare R eve nue, Fort Collins in its sole discretio n may r educe
FLEX services as n ecessary to reduce ope rating expe n ses in a n a mo unt sufficie nt to address s uch a sh o r tage
or t e rmin ate FLEX se rv ice. Prior to any reducti on in se rvice o r t er minatio n , Fo rt C ollin s s hall provide
advance written n otice t o the Partn ers.
8. Fort Collins Tra nsfo rt buses will u t ilize RTD stops in Bo u ld er, o r as oth erwise agreed upo n by the Parties.
9. T h e bas ic cas h fare to b e c harged fo r FLEX s h all be One Dollar a n d Twenty Five Cents ($1.25) pe r r ide.
Notwit h s tanding , Fort Collins in its sole discre tio n shall be entitled to m odify the fare to b e ch a rged as
n ecessary fo r the e ffic ie n t and cost-effe ctive opera tio n o f FLEX, provid ed th a t advance wr itten notice of any
suc h m odifi cc1tion is provide d to the P artne rs. A ll Fort Collins discounted fare categories for Transfo rt bus
serv ice will c1p p ly to FLEX. Fo rt C ollins s hall coll ec t any far es due from passe ngers a nd accura tely record
and acco unt for su ch fare r ece ipts a nd r id e rsh ip levels. Fo rt Collins sh a ll prepare quarte rl y r eports of s uch
rece ipts and riders hip leve ls and s hall provide s u ch quarte rly reports t o the Partners.
10. A ll Fo rt C ollins a n d C ity of Loveland bus pass programs w ill b e accepted as fu ll fa r e to ride FLEX.Transfers
from FLEX to the Tra n s fort or COLT bus sys te m s w ill b e honored . The Regio n a l Transpo rtatio n District
(h ere inafter "RTD") Eco Pa ss will be accepted as fu ll fare t o ride FLEX, but fre e tra n sfers fr o m F LEX to
RTD will n ot be h o n ored.
11. Each Party s h a ll d es ig n at e a r epr ese ntative, w h o sh all be res po nsib le fo r managing s uc h Parry's p er fonnc1n ce
of t h e terms of this Agr eeme nt, a nd s h a ll provide t h e oth er Party with writ te n n o t ice t h ereof, alo n g w ith
address, telephone, :md e mail info rmatio n. A ll n o tices to b e p rovided und e r this Agree m e n t shall be
provid ed t o such des ignated represe ntatives . Any notice pursu a nt t o this Agreement shall b e h an d-
d e livered o r se nt by certi fi e d m ail, re turn rece ipt r eques ted, a nd addressed to the d es ignated
re presen tative. Any su ch n o tice shall b e d ee m ed give n upon h a nd-delivery to t h e d es ign a ted
re prese nta tive or the ir address o r t hree (3) d ays afte r mailing.
12. The Parties agree to reaso n ab ly cooperate fully in the d evelopm e nt and imple me ntatio n o f c1n y surveys or
studies unde rtake n by t h e o the r Par ty to evaluate d e m and, u sage, cos t, effec tiveness, effic ie n cy, o r an y oth e r
fa cto r relatin g to the su ccess o r perform c1 n ce o f FLEX o r the need fo r su ch service. H owever , such
cooperation s h all n ot re quire t he expe nditure of fu nds mo re tha n the spec ific a m o u n ts se t for th in Section
4 and Exhibit B u n less approved and appropriated by t h e Parties.
13. The Parties ackno wled ge t h at the ir obligatio n s und er this Ag ree m e nt a r e s ubject to annu a l appropriation
b y the gove rning b ody of each res pective Pa r ty and shall n o t co n s titute o r give rise to a ge n eral obligatio n
or oth e r indebtedn ess of e ithe r Party w ithin the m eaning of a ny con st itutio n a l o r statu tory p rovis io n o r
limit a tion of the S ta te o f Colorado n or a ma n datory ch a rge or r equire m e n t against e ither Party in a n y
e n s uing fisca l yea r b eyo nd t h e c urre nt f isc al year. If t h e gove rning b o dy of e ither Party s hall fa il to budge t
and app ropriate fu nds fo r its s h are of exp e n ses a s desc ribed in th is Agree m e nt, th e n t his Agree m e nt
s h a ll term inate as o f the e nd o f the fi sca l year fo r wh ic h s u ch funds were las t b udge ted and appropr iated.
Page 3 of7
14. In the event a Party has bee n declared in default, su ch d e faulting Party sh a ll be a ll owed notice the reof fr o m
the Party d eclaring d e fau lt and a p e ri od of thirty (30) days within whic h to cure sa id d e fault. In the event
t h e defau lt remains uncorrected, the Party d ecla ring d e fau lt may elec t t o tenninate the Agreeme nt and so
n otify the d e faulting Parry in w riting. Any amoun t' due to the no n-de faulting Parry sh a ll b e paid within
fiftee n ( 15) days of the date o f n o tice of termination is received.
15. Liability of the Parties shall be apportioned as follows :
a. Fort Collins s h all be res po n s ible for a ll claims, damages, li ability a nd court awards , including
costs, expenses , and attorney fe es inc urred, as a r esult o f any action or omiss ion of Fort Collins o r its
officers, e mployees, and age nts, in connectio n with t he performance of this Agreement.
6. T own of Berthoud sh a ll b e res po ns ible for all claims, damages , li ability and court awards ,
including costs, expe n ses, a nd attorney fees incurred, as a result of any action or o miss io n of Town o f
Bertho ud o r its officers, e mployees , and ag e nts , in co nnectio n with the performance of this Agreement.
c. N o thing in this Section 15 or a n y othe r provisio n of this Agree me nt s hall b e con s trued as a
waive r o f the notice requirem e nts, d e fen ses , immunities, and limitations the Parties may have under
the Colorado Governmental Immunity A c t (S ec tion 24-10-101 , C .R.S. et seq.) or any oth er defenses,
immunities, or limitatio ns of liability ava il able to a n y Party by law.
16. This Agreeme nt embodies the e ntire agreeme nt of the Parties. The Parties s h all n ot be bound by or b e
liable for any stateme nt, representatio n, promise , induceme nt o r unde rstanding of any kind or n atu re not
se t forth h ere in.
17. N o c hanges, am endments o r m odifications of any of the terms or conditions o f this Agreeme nt shall b e
valid unless r educed to writing and s ig ned by the Parties, excep t as provided he rein.
18. The laws of the State of C o lo rado shall b e applied to the inte rpre tation, execution and e nforce me nt of this
Ag ree ment.
19. Any provis io n rende red null and void by operatio n of law shall n o t invalidate the remainder of this
Ag reement t o the ext e nt tha t this Agree m e nt is capable of execution.
20. Either Parry's failure to e n fo rce any provis io n of this Agree m e nt s h all n o t in any wa y be co n s trued as a
waive r of any s uc h provis io n o r prevent that Party the rea ft e r fro m e nforcing e a c h and every other
provis io n o f th is Agreeme nt.
2 1. This Agree me nt d oes not and is not inte nded to confer any ri g hts o r re m edies upo n a n y e ntity or p e rso n
other than the Parties.
Page 4 of7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Atromey
APPROVED AS
Town Attorney By: By: CITY OF FORT COLLINS, COLORADO a municipal corporation Darin Atteberry, City Manager Page 5 of7
EXH IBIT A
FLEX service will b e provide d w ithin t h e follow ing parame ters :
• Days of Service: Monday -Friday (betwee n th e cities of Fort Coll ins and Bo u ld e r) and M o nday
• Saturday (betwee n the c iti es o f Fort C ollins and Lo ng m o nt). No service is provide d o n New Ye ar's
Day, M e m o ria l Day, Inde p e nde n ce Day, Labor Day, Thanksg ivi ng Day and C hris tmas Day.
• H o urs of Service: 5AM -8 PM
• Freque n cy of Service : 60 Minutes
Service Area Maps :
a
RIO "IC, ·~s
Fl EX Loveland/Longmont Traps
)
gLJ
" ~
1 SOUTH. T. RANSIT CENTER Q
rR.'ltJ5~1JV ~Pur=s
=v~c: c~rn,
SKYWAY
T:i.lLEY
C:
"' ~
0
. •
.:-~:
1,!1
9TH
8TH
50TH
.
NB
LOVELAND FOOD BANK Q
EISENHOWER
MOUNTAIN
FLEX Boulder Express Trips m
RTO BOULOER
TRANSIT CENTER
:ir:i:J,ru
~
f1~rr-i.:ulUNS
Jvr ~um
...
111 •• ,\N:J l,ltt \.1l,1•;Ct N'Y
,,1:-.\-••\j.;
CANYON
Page 6 of7
DOW NTOWN TRANSIT CENTER (:IQ
·i;,v,sror.· ~Ci\JlfS •
SOUTH TRANSIT CENTER J Q
·AAasror· sourcs 1
s.1, .. r .. <1l l
fo.'A.<;1ops•
• HM
SB
:z:
0 ;;; ,.
'
• CO T .i•1LIH)
.
NB
9TH
8TH
EXHIBITB
2021
Ope rati n~ Cost $ 1,943,371
fares $ !Q,000
CMAQ Fl ex to Bo ulder Enhancement 5 224,655
Eco Pass Re imburser,e nt $ 5,000
FASTER Fund ing $ 200,000
CSU Contributio n 5 63,193
Remainder to be split among partners $ 1,410,523
2020 Suspended SeN1ces Savings iota! Amount Cue for 2021 l ess S307 Co ntribut,on
~ Passenger Ac.tivitv 5 139,621.00
Fort Co llins 45'~ 5 634,735 s 62,S29 s 571,906 s 339,926
Lo ve l and 23¾ 5 32 ~.~20 s 32 ,113 5 292,307 5 185,277
Longmont 1 2% s 169,263 s lo.755 5 152,508
Boul der County 10'~ 5 1•1,052 5 13,962 5 1 27.090
Citv of Bou l de r 7% s 9V37 5 9.773 s 88 ,9 63
8enhoud 3% s •2.315 5 4.189 5 38,127 s 27,137
5307 Breakdown ~ TMA Service Area Population s 350,000
Fort Co llin s 66.2Sll s 231,9SO
Love land 30.58'1 5 107,030
Berthoud l .l!ll s 10,990
Page 7 of7