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Home My WebLink About2022-047-04/19/2022-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADETAILS SUMMARY Document Type Amendment OFS Number-Version 201312-2 County Contact Information Boulder County Legal Entity Boulder County Department Community Planning & Permitting Division/Program Transportation Planning Mailing Address PO Box 471 Boulder, CO 80306 IGA Contact – Name, email Alex Hyde-Wright, ahyde-wright@bouldercounty.org Invoice Contact – Name, email Kristina Buckles, cppinvoices@bouldercounty.org Contractor Contact Information Contractor Name City of Fort Collins Contractor Mailing Address 281 North College, Fort Collins, CO 80524 Contact 1- Name, title, email Kaley Zeisel, Compliance & Asset Manager, kzeisel@fcgov.com Contact 2- Name, title, email IGA Term Start Date 1/1/22 Expiration Date 12/31/22 IGA Amount IGA Amount $147,493 Fixed Price or Not-to-Exceed? Fixed Price COVID-19 NO Project # 100421 Brief Description of Work Operate FLEX bus service between Boulder-Longmont-Loveland-Ft Collins. IGA Documents a. Intergovernmental Agreement IGA Notes Additional information not included above INTERGOVERNMENTAL AGREEMENT EXHIBIT A Page 2 of 9 FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND BOULDER COUNTY This Agreement is made this _____ day of _______, 2022 between the City of Fort Collins, Colorado, a municipal corporation (hereinafter “Fort Collins”), and the Board of County Commissioners on behalf of the County of Boulder, State of Colorado, a public body corporate and politic, for the benefit of the Community Planning & Permitting Department (hereinafter “Boulder County”) (collectively the “Parties” or singularly the “Party”). RECITALS WHEREAS, the Parties desire to provide regional connector bus service between Fort Collins and Boulder County; and WHEREAS, Fort Collins has its own fixed-route bus system (hereinafter “Transfort”); WHEREAS, FLEX is a regional connector bus service operated by Transfort (hereinafter “FLEX”) 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 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, and termination pursuant to this Section 1 and Section 15 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 3 of 9 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 extended or 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, Boulder County 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, Boulder County shall pay to Fort Collins the amount $147,493 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. 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 Boulder County 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 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. EXHIBIT A Page 4 of 9 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. Boulder County will reimburse Fort Collins for all Eco Pass boardings on the FLEX route. Patrons using an Eco Pass must show the Eco Pass with the patron’s photo to the FLEX operators. FLEX operators should make a reasonable attempt to confirm that the photo on the Eco Pass is the patron’s photo. FLEX operators will count each boarding made by Eco Pass via the farebox keypad or some other method. Boulder County will pay Fort Collins $1.25 for each Eco Pass boarding. Fort Collins will invoice Boulder County not more often than quarterly for the Eco Pass boardings. 12. 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: EXHIBIT A Page 5 of 9 City Attorney City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to Boulder County: Dale Case, Director- Community Planning & Permitting PO Box 471 Boulder, CO 80306 13. 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. 14. 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. 15. 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. 16. 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. Boulder County shall be responsible for all claims, damages, liability and court awards, including costs, expenses, and attorney fees incurred, should Boulder County be found liable as a result of any action or omission of Boulder County or its officers, employees, and agents, in connection with the performance of this Agreement. EXHIBIT A Page 6 of 9 c. Nothing in this Section 16 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 (Sections 24-10-101, C.R.S. et seq.) or any other defenses, immunities, or limitations of liability available to any Party by law. 17. 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. 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, except as provided herein. 19. The laws of the State of Colorado shall be applied to the interpretation, execution and enforcement of this Agreement. 20. 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. 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 by electronic signature in accordance with C.R.S. § 24-71.3-101, et seq. 24. Each Party is a “public entity” under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, and shall always during the terms of this Agreement maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. This insurance shall have minimum limits, which shall match or exceed the maximum governmental liability limits set forth in C.R.S. § 24-10-114, as amended. EXHIBIT A Page 7 of 9 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 THE COUNTY OF BOULDER, a body corporate and politic By: __________________________________ Jana Petersen, County Administrator Boulder County EXHIBIT A Page 8 of 9 EXHIBIT A FLEX service will be provided within the following parameters: x Days of Service: Monday – Friday (between the cities of Fort Collins and Boulder) and Monday x 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. x Hours of Service: 5AM – 8 PM x Frequency of Service: 60 Minutes Service Area Maps: EXHIBIT A Page 9 of 9 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