HomeMy WebLinkAbout2022-045-04/19/2022-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORAINTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
CITY OF LOVELAND
This Agreement is made this _10th____ day of _January______, 2022 between the City of Fort
Collins, Colorado, a municipal corporation (hereinafter “Fort Collins”), and the City of Loveland,
Colorado, a municipal corporation (hereinafter “Loveland”) (collectively the “Parties” or singularly the
“Party”).
RECITALS
WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins and
Loveland; 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 (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, Fort Collins intends to execute agreements with the other Partners to address such
Partners’ obligations regarding the FLEX bus service; 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 regional 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, and termination pursuant to this Section 1 and
Section 5 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 Loveland. If Fort Collins desires to increase service with
contribution from Loveland, Loveland’s prior written agreement to such increased service shall be
required. If the Parties agree to the increased service, Fort Collins and Loveland will amend Exhibit
EXHIBIT A
Page 2 of 8
A and Exhibit B and the respective cost share associated with the change. If the Partners do not
agree to increase contribution and service, then Fort Collins reserves the right to modify the service
pursuant to paragraph (b) below to accommodate demand. 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.
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, 2022 and shall continue in full force and effect until
December 31, 2022, unless sooner terminated 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 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 Loveland 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 2018, 2019 and 2020 for each term of this Agreement, City of
Loveland shall pay to Fort Collins the amount $339,235, for the year 2022 for its share of direct and indirect
costs of operating FLEX subject to any cost share adjustment pursuant to Section 7 or need for additional
service pursuant to Section 1. City of Fort Collins currently maintains and administers Loveland’s portion
of the Urbanized Area Formula Funding (49 U.S.C. § 5307) grant funds (the “5307 Funds”). City of
Loveland will allow City of Fort Collins to withhold $223,132 from its balance of 5307 Funds from the
Fiscal Year 2022. City of Loveland will remain responsible for the remaining amounts owed under this
IGA after deduction of the 5307 Funds, in the amount of $116,103. Fort Collins will invoice Partners in
the first quarter of 2022 for the FLEX service provided in 2022. Such payment shall be made within 60
days after receipt of an invoice.
5. Any additional revenues collected by Loveland 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. 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 the term of this
Agreement includes projected FLEX Fare Revenue and anticipated revenues from bus fares pursuant to
EXHIBIT A
Page 3 of 8
Section 9 (“FLEX Fare Revenue”). If FLEX Revenue and FLEX Fare Revenue for the term of this
Agreement 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 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 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 is currently not charging fares for the Transfort bus system. Notwithstanding, 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 Loveland. 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 Loveland.
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 and to the parties listed below. 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.
If to Fort Collins:
City of Fort Collins
Transfort & Parking Services Director
City of Fort Collins
250 N. Mason Street
Fort Collins, CO 80522
With a copy to:
EXHIBIT A
Page 4 of 8
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
If to Loveland:
Public Works Director
City of Loveland
2525 West 1st Street
Loveland, CO 80537
With a copy to:
City Attorney
City of Loveland
500 E. Third Street, Suite 300
Loveland, CO 80537
12.The Parties agree to cooperate fully 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 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 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:
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
EXHIBIT A
Page 5 of 8
or omission of Fort Collins or its officers, employees, and agents, in connection with the performance
of this Agreement.
b.Loveland shall be responsible for all claims, damages, liability and court awards, including costs,
expenses, and attorney fees incurred, should Loveland be found liable as a result of any action or
omission of Loveland 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 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.
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.
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.
22.This Agreement may be executed by electronic signature in accordance with C.R.S. 24-71.3-101 et seq.
EXHIBIT A
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: ____________________________________
Kelly DiMartino, Interim City Manager
ATTEST:
_____________________
City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
CITY OF LOVELAND, COLORADO
a municipal corporation
By: __________________________________
Stephen C. Adams, City Manager
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
_______________________
Assistant City Attorney
EXHIBIT A
Page 7 of 8
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:
EXHIBIT A
Page 8 of 8
EXHIBIT B
2021 2022
Operating Cost
$
1,943,371
$
2,001,672
Fares
$
40,000
$
40,000
CMAQ Flex to Boulder
Enhancement
$
224,655
$
218,545
EcoPass Reimbursement
$
5,000
$
5,000
FASTER Funding
$
200,000
$
200,000
CSU Contribution
$
63,193
$
63,193
Remainder to be split
among partners
$
1,410,523
$
1,474,934
% Passenger Activity
Total 2022
Contribution
Less 5307
Contribution
Loveland's
Additional 5307
Withheld
Amount
Loveland's
Amount Owed
Fort Collins 45%
$
663,720
$
431,740.36
Loveland 23%
$
339,235
$
232,205
$
116,102
$
116,102
Longmont 12%
$
176,992
Boulder County 10%
$
147,493
City of Boulder 7%
$
103,245
Berthoud 3%
$
44,248
$
33,258
5307 Breakdown
% TMA Service Area
Population
$
350,000
Fort Collins 66.28%
$
231,980
Loveland 30.58%
$
107,030
Berthoud 3.14%
$
10,990
*Highlighted = total owed
by partner
EXHIBIT A