HomeMy WebLinkAbout2022-046-04/19/2022-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
THE TOWN OF BERTHOUD
This Agreement is made this _____ day of _______, 2022, between the City of Fort Collins, Colorado,
a municipal corporation (hereinafter “Fort Collins”), and the Town 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 between Fort Collins and
Entity; 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, 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 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 14 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 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
EXHIBIT A
Page 2 of 8
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, 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, Town of Berthoud 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, Town of
Berthoud shall pay to Fort Collins the amount of $44,248 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
Berthoud’s portion of the Urbanized Area Formula Funding (49 U.S.C. § 5307) grant funds (the “5307
Funds”). Town of Berthoud will allow the City of Fort Collins to withhold $10,990 from its balance of
5307 Funds from the Fiscal Year 2022. Town of Berthoud will remain responsible for the remaining
amounts owed under this IGA after deduction of the 5307 Funds, in the amount of $33,258. 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 Town of Berthoud 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 2022 (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 2022 (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 pro rata share of any shortage. If either Party does not appropriate and pay its pro rata share
EXHIBIT A
Page 3 of 8
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 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 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 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.
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:
City Attorney
City of Fort Collins
EXHIBIT A
Page 4 of 8
P.O. Box 580
Fort Collins, CO 80522
If to Berthoud:
Town of Berthoud
BATS Supervisor
807 Mountain Ave
Berthoud, CO 80513
12. The Parties agree to reasonably 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 notice thereof from
the Party declaring default and 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
or omission of Fort Collins or its officers, employees, and agents, in connection with the performance
of this Agreement.
b. Town of Berthoud shall be responsible for all claims, damages, liability and court awards,
including costs, expenses, and attorney fees incurred, should Town of Berthoud be found liable as a
result of any action or omission of Town of Berthoud 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
EXHIBIT A
Page 5 of 8
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
lN MTNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By,
Kclly DiMartino, lnterim City Manager
ATTEST,
City Clerk
APPROVED AS TO FORM.
Asslstant City Attorney
Town oI Berthoud, COLORADO
By,
trxtor
Tourr Clrrk
APPRO\EDASTO FORM:
Town Attorney
o
z
C
Page 6 of8
t2h
SLAL
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