HomeMy WebLinkAbout2023-035-04/04/2023-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORARESOLUTION 2023-035
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS,COLORADO AND THE TOWN OF
BERTHOUD FOR FLEX ROUTE REGIONAL TRANSIT SERVICES
WHEREAS,since 2016,the City has entered into an intergovernmental agreement (“IGA”)
with the Town of Berthoud (“Berthoud”)to provide FLEX Route Regional Transit Service;and
WHEREAS,both the City and Berthoud contribute a percentage of funds based on the
ridership of each jurisdiction;and
WHEREAS,through the partnership,regional connectivity transit goals are met,and City
Council wishes to continue to offer these services;and
WHEREAS,the funds for the City’s expenditure and reimbursement for these transit
services were appropriated previously through the Budgeting for Outcomes Process;thus,no
appropriation action is required with this item;and
WHEREAS,this Resolution comes before City Council to authorize the attached IGA for
FLEX Route Regional Transit Service between the City of Fort Collins and Berthoud substantially
in the form attached hereto as Exhibit “A”and incorporated herein by this reference (the “IGA”);
and
WHEREAS,the attached IGA for FLEX Route Regional Transit Service with the Town of
Berthoud is intended to be effective retroactively on January 1,2023;and
WHEREAS,the City Council has determined that the IGA is in the best interests of the
City and that the City Manager be authorized to execute the IGA between the City and Berthoud
in support thereof.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That the City Council hereby authorizes the City Manager to execute the
IGA in substantially the form attached hereto as Exhibit “A,”together with such modifications and
additions as the City Manager,in consultation with the City Attorney,determines to be necessary
and appropriate to protect the interests of the City or effectuate the purposes of this Resolution as
set forth above.
Section 3.That during the term of the IGA the City Manager,in consultation with the
City Attorney,is authorized to approve and execute amendments to the IGA consistent with this
Resolution so long as the City Manager determines such amendments:(a)are reasonably necessary
/eA.n2 44
and appropriate to protect the City’s interests or provide a benefit to the City;(b)effectuate the
purposes of this Resolution;and (c)limit the City’s financial obligation to expenditure of funds
already appropriated and approved by Council or conditioned upon such appropriation.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of ApriJ,2023.
it,
~or
ATTEST:
4%
City Clerk
EXHIBIT A TO RESOLUTION 2023-035
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AND
THE TOWN OF BERTHOUD
This Agreement is made this day of 2023,between the City oi Fort Collins,Colorado,
a municipal corporation (hereafter “Fort Collins”),and the Town of Berthoud,a pttblit body corporate and
politic (hereafter “Berthoud”)(Fort C .ollins and Berthoud collectively ma bt rcfened to as the “Parties”or,
irid ivid ually,as ,i “Party”).
RECITALS
WHEREAS,the Parties desire to provide regional connettor bus service between Fort Collins and
Berthoud;and
WHEREAS,Fort Collins has its own fixed-route bus system (hereinafter “Transfort”);
‘X’HEREAS,El EX is a regional connector bus sctvice operated b~Translort in partnership with
I (“~‘ela rid,Berthoud,Longmont,City of Boulder,and Boulder totint~(hert inalter “Partnei “)to providc
services to said tommun ties pursuant to separate Inrergoverninental Agrceinents:an I
WI IEREAS,Transfort is willing and able to extend Fl EX services along the U.S.Highway 287 and
H ighu a~119 oi-ridors I )etween Fort Collins a n~1 Boo lder (liereinaftt r “I’I F X”)u ith stops in Fort Cs 11i n’,
I oveland,Berthoud,Lt’ngmonr,and Boulder;and
WHEREAS,the Parties have determined that significant economit and efitcienty benefits result for
each Par~throuoh tht provision of FLEX by iransfort.
NOW,THEREFORE,in consideration of the mutual promises herein and other good and valuable
consideration,receipt and adequacy of which is acknouledg 1,the Parties agree as follows:
AGREEMENT
I TIa f )rtooino ret ital~ire hereby intorporated s thouah fulls si.t Iorth herein.
2.Fort Collins shall provide coil nector bus service,Fl EX,in accordance with the terms ol this Agreement
intl as spectfic;illy ideniified and described in Exhibit A,attached hereto and incorporated herein by this
reference,throughout the term of this Agreement.Tilt stnitts lentified and described in Exhibit A art
stihject to increase,mod ilitation,reduc.tion,tt rininati n,and pur tiant to this Section 2 and Section 4 ol
tI is Aoreement.
a.Increased service beyond that described in Exhibit A may he provided by Fort Lollin ,at its s~Ic
discretion,to the extent Fort Collins determines appropri.ire given the demand lot sen itt and
available resources.Prior to providing additional service at Fort Collins’expense,Fort ollins shall
provide advance written notice to the Partners.Prior to pros i ling ad lition il service with P~rtner
EXHIBIT A TO RESOLUTION 2023-035
contribution,Fort ollins and thc Partners will amend ENhibit A and the respective cost share
associated with tile change.If the Partners a rid Fort Collins cannot agree to amend Exhibit A for
the additional service then any such addition ii s rvlte that exceeds the services described in Exhibit
A may be reduced or stopped l~Fort oilins,at Its SOIL discretion.Prior to reducing or stopping
an~such additional service,Fort Lollins u ill m ikt rtas nable efforts to provide 30 (lays ol advanct
written noticc to the Partners.
b.In the event Fort Collins determines that circumstances require modification of Ft LX services as
described in Exhibit A to better accommodate the demand for service or thc elf icient provision of
service,Forr Collins shall he entitled to implement such modification at its sole discretion.Fort
Collins will make reasonal~Le efforts t providc 30 da~of ad~an e written notice of any such
modifLcation to tile Partners.
3.This Agreement slIall commence on January 1,2023 and shall continue in lull force and effect until
December 31,2023 unless sooner terminated as herein provided.
4.Fort Collins agiee~that all services pro~’ided under this Agreement shall he consistent with Transfort system
oj-ier iii Hg policies a id procedures,as tln.same may l,ea mended,from tune to ti me,in Fort CoIl ins’sole
di scrc t ion,an I tlia t all such service shall he consistent w ith the Tra i-i ft rt operai ion liedu Ic.
5.In consideration of the services provided by Fort Collins tinder this Agreement,and the mutual financial
ct)nhillitnlents Ilerein made,Town of Berthorid agrees to contribute to the direct and indirect Costs ol
operating Fl LX,.is supplenlented by such add itional lederal or state grant hinds as n~ay he available
thercior.Th Parties agree to use ridership data to iormulatc tilt cost silare associated with each Partner.
Based on aver.u’e ndership data from 2019,2020 and 20_I,for eacll term of this Agreement,Berthoud
5hall pa~to Fort .ollins tile amount of $50055 f r the year 2023 for its share of direct anti indirect costs
of opei atm”FLEX subject to in~cost share a ljtistment I tirstiant to Section 7 or need for additional service
pursuanr to Section 1.Fort Collins currently illaintains and administers Berthoud’s portion of the
Urbanized Arta Formula Funding (49 U.S.C.§5307)grant funds (tIle “5307 Funds”).Berthoud will allow
Fort Lollins to w mrhllold $15,929 from its balance of 5307 Funds from tile Fiscal Year 2023.Town of
Bertlioud will renlain responsible for the remaining amounts owed under this IGA alter deduction of the
5307 Funds,in the amount of S34,127 Fort Collins will invoice Partners in the first quarter of 2023 for
the Fl LX service provided in 2023.Such payment shall be made within 60 days after receipt of an invoice.
6.An~addition il revenues collected by Bertlioud froTn the operation of FLEX,sllall be remitted to Fort
C Ilin .So Ii revt nue,and an~additional re~enues oliec ted b~Fort (ollmns from the operation of FLEX,
shall lie used to supplemcnt F I LX operati in expenses to equal~be nclit tilt Parties.
7.The Parrie~agrce t run a ri k r hij an il~sis on a triennial ha:is and a ljtist cost 5h ires a cording to ridersllip
qu mntmtmt relati~t t e.i h P irtncr.Rider hip data will be an average I thc previous year of service.
8.The P,irties acknowledge and agree tllat the budget proposal br operation of FLEX for 2023 (or any
subsequent term of this Agreement if extended pursuant to Section 2)inclu les projected FLEX Revenue
and anticipate I rcvenues from bus fares pursuant to Section 10 (“FLEX Fare Res cnue”).If FLEX Revenue
Page 2 of 9
EXHIBITATO RESOLUTION 2023-035
and FLEX Fare Revenue for 2023 (or any subsequent term of this Agreement if extended pursuant to
Section 2)is insufficient to meet the bridget lot operation of Fl EX,the Parties may elect to appropriate
and pay their pro rata share of any shortage.If either Parry does nor appropriate and pay its pro rat.i share
of the shortage in Fl LX Revenue and Fl EX Fare Revenue,Fort Collins in its sole discretion ma~reduce
FLEX sen ices as fleet ssafl to reduce operatin”expenses in an amount s if licient to address such a shortage
or terminate I—I LX sen icc.Pri w ft an~reduction in service or termination,Fort Collins shall provide
ad~ance wi itti n notice to the Partners.
9.Fort Collins Translort buses will utilize Regional Transportation District (hereafter “RTD”)stops in
Boulder,or as otherwise agreed upon by the Parties.
10.The basic cash fare to be charged for FL.EX shall be One Dollar and Twenty-Five Cents ($1.25)per ride;
however,Fort Collins currently is not charging fares for the Transfort bus system.Notwithstanding,Fort
Collins in its sole discretion shall he entitled to modify the fare to be charged as necessary for the efficient
and cost-cf tective operation of F!LX,provided that advance written notice of any such modilication is
provided to the Partners.All Fort Collins discounted tare eate”ories for Transfort bus sen’ice will apph to
I—hEX.Fort Collins shall collect any fare clue from pa.sengcr~an I •i~cti r,itel~ret ord and account for such
fare receipts and ridership levels.Fort Collins shall prepare qu irterl~report of su h re eipts an 1 ridership
levels and shall provide such qtnrterl~report to the Partner
11 .All Fort Collins and Cit~of I oveland i,tis pass programs will lie accepted as (till fare to ride Fl LX.Translers
from El LX to the Translort or COLT bus systems will be honored.RTD Eco Pass will be accepted as full
fare to ride Fl LX;lioweve r,free translers from I 1_EX to R II)will not he honored.
12.Each Part~shall designate a representative,~ho shall be rest onsible for managing such Party’s performance
of the ft mis of this Atrreenie nt and shall i rovid the other Parts with written notice thereof,along with
address,telephone,and email information.All notices to be provided tinder 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,md addressed to the designated
representative.Any such notice shalL be deemed given upoi hand-delive~to the designated
representative or their address,or three (3)days after mailin”.
If to Fort Collins:
ity of Fort .011 in:
Transfort &Parkin”S1 rvit es I iret tor
City of Fort Collins
250 N.Mason Street
Fort ~ollins,CO 80522
With a cop~to:
Page 3 of 9
EXHIBIT A TO RESOLUTION 2023-035
(ir~Attornc~
~‘ir~of Fort (_olli n’
P.O.Box 580
Fort (ohms,0 80522
If to Berthoud:
Town of Berthotid
BATS Supen isor
807 Mountam Ave
Berthoul,80513
13.The Parties agree to cooperate fully,to a reasonable extent,in the development and implementation of ,tifl
suneys or studies undertaken by the other Party to evaluate demand,usage,cost,effectiveness,elf it ency,
or an~otht r factor relatino to the ‘Ut ces’or performance of Fl EX or the need for such sen ice.Such
oopc ration shall not rcquirt the expenditure of funds nit rc than the specific amounts set forth in Section
5 and Exhibit B,lu we’t_r,unlcs approved in writino and cliii)al propriated b)the Parti
14.The Parties acknowledge that their obligations under this Agreement are subject to annual appropriation
by the werning bod~oi each respective Party anti shall nor constitute or give rise to a general obli”ation
or orhc r indebtedness of either Party with in the meaning of any constitutional or statutor)pi ovismon r
limitation of the State of Colorado,nor a mandatory charge or requirement against either P rty in an)
ensuing fiscal year beyond the current fiscal year.lithe governing body of either Party sh iii fail tt im bid
and appropriate hi ntis for it’share of expenses as described in this Agreeiuent then thi Aurcement
shall terminate as of the end of die fiscal year hr which such funds were last budgeted ai I a~propriat -l
IS.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 defaultino Part)shall be pitd within
fifteen (15)day~of the date of notice of termination is received,
1(liability of the Parties shill be apportioned as follows:
a.Fort Collins shall be responsible for all claims,damages,liability anti court awards,including
cost’,cxpenses,and attorne)fees incurred,should Fort Collins be found Liable as a result of
an~it non or omission of Fort Collins or its officers,employees,and agents,in connection w ith
the perh irni Inc c 1 J th i Aoret inc lit.
b.Berthoud shall he responsible for all chums,damages,liahilit)and court awards,including costs,
expenses,and attorney fees incurred,should Berthoud be found liable as a result of an)action
or omission of Berthoud or its officers,employees,and aocnts,in onnection with the
performance of this Agreement.
Page 4 of 9
EXHIBIT A TO RESOLUTION 2023-035
c.Nothing in this Section 16 or any other provision ol this Agreement shall be construed as a
waiver of the notice requirements,defenses,immunities,and lilnitations the Parties may have
under the Colorado Governmental Immunity Act (Section 24-10101,ct ScLj.,~..R.S.)or any
other LI en ses,iinmu n ities,or Inn itat ions of I ab Ii ty wa ilable to an~Part~by law.
d.An~liaI~iIir)of the P,irtie,unde r this Agreement shall he subject to appropriation of hi ntis
b~their resi ettive governing bodies.
e.N elected off IcLal,directc r,flicer,agent or employee of the Parties shalL he charged
personall~or held contractually liable under any term or provision of this Agreement,or
because of an~breach thereof or because of its or their execution,approval or attempted
execution of this A reenient.
17.This Agreement embodies the entire agreement of the Parti about the 1-i LX program.The Parties shall
not be bound by or be liable fhr any statement,representation,promise,inducement or understanding of
any kind or nature not set forth herein.
IS.The Parties hereto ma~not assign this Agree inc in or parts llereo 01 its riulits hereunder without the
expre~s ~ii tten e onsen tot all of the Parties.An~a 1W nipt to assign th ‘sAg i cynic n t in tlit•.ihse iice (‘1 .tic Ii
written consent shall be null and void ii!,mm0.
19.No changes,amendments or modifications of any ol the terms or conditions of this Agreement shall he
valid unless reduced to writing and signed by the Parties,except ac provided herein.
20.The Ia~s of the State of Colorado shall be applied to the interpretation,execution and enforcement of this
Agreement.The Parties recognize the legal constraints imposed upon them by the constitutions,statutes,
and regulations of the State of Colorado and the United States,and imposed upon the Parties by their
respective charters,municipal codes and other similar documents and,subject to such constraints,the
Parties intend to carry out the terms and condirions of this Agreement.Notwithstanding any other
provision in this Agreement t ~the conrra~,in no event shall an~arts exert ise an~power or take any
action ~hich shall be prohibited b~applicable ia~
21.Any provision rendered null and oid by operation of lau shall not invalidate the remainder of this
Agreement to the extent that th is A”reement is capable of cxc ution.
22.Either Party’s thilure to en forte an~provi.I )~ol thi Ac’reen ci t shall nor in a n~~A a’5 be construed as a
~aiver of any such pros isk n or prevent that Parr~tli ‘r alt r from en k ft in”cat h and evefl other
provision of this A”ree inent.
23.This Agreement does not and is not intended to confer an’5 rit’hit%or remedies upon any entit~•or person
other than the Parties.
Page 5 of 9
EXHIBIT A TO RESOLUTION 2023-035
24.This Ai~reeinent may he executed in multiple cotinterparts;all counterparts so executed shall constitute
one agreenient hind ing upon a!I parties,notw itlistand I ng that ill part icc .i re not ig natories to die
or i ci na I or the same Counterpart.
2 S.This Ac’reement ma~he executed by electronic si”nature in att ordant with 1 R.S §24-7 1.3-101,er seq.
Pocu ment~executed,scan ned and transmitted elecrronicall3 and electron Ic signatures shall he deemed
oriczin ii sign Hurt’for purposts of this Agreement and all matters related thereto,with such scanned
an I dectroni ‘ignaturec hiving the same legal effect a’original signatLires
Page 6 of 9
EXHIBIT A TO RESOLUTION 2023-035
27.JN WITNESS WHEREOF,the parties hereto have executed this Agreement on the (late first above written.
By the signature of tts representative below,each Parry affirms that it has taken all necessary action to
authorize said representative to execute this Agreement.
ATtEST:
City Clerk
APPROVED AS TO FORM:
CITY OF FORT COLLINS,COLORADO
a municipal corporarion
Kelh DiMaruno,ir~Manager
A%%ist inj..Girq Attorne~
By:
ATtESTS
~‘lerk~
TOWN F BERTHOUD,COLORADO
F -7ownAdmintsrr nor
Page 7 of9
EXHIBIT A TO RESOLUTION 2023-035
EXHIBIT A
FT EX service will he provided within the &Ilow inn paramcttrs:
•Days of Service:Monday —Frida~(heiween the cities of h,r~Collins and Boulder)and Monday
•Saturday (between the cities of Fort Collins and Lon1mont).No service is provided on New Years
I )ay,Memorial Da~,I ndt ptndence Day,Labor Da~1 ha nksgiving Da~and Chricimas ~
•Hours olService:5AM —8 PM
•Frtquenc~of St n’u.t 60 M inure~
Sen nc Art ,t Map.
FLEX Lovesand1Lo~m~ñi Yuips
—SCUTIIIRANSITCINIKNQ
SKYWAY
RID BOULDER
TRANSIT LINT ER
S
tOLL 0
N
FLEX Boulder Express Trips
U uWNIOWN IRAN C NI B
SOUTHTAANSIT CENTER
3?
9tH
8tH
C
•50TH
•LOVELAND FOOD BANK 0
EISENHOWER
C
C
MOUNtAIN
0 rt 9TH
•I ITH
U
C
0
P.ge 8 of9
EXHIBIT A TO RESOLUTION 2023-035
EXHIBIT B
S
Operating Cost $1,943,371 $2001672 2,161,805.90
Fares $40,000 $40,000 N/A
CMAQ Flex to Boulder $
Enhancement $224,655 $218,545 225 102
S
EcoPass Reimbursement $5,000 $5,000 5000
S
FASTER Funding $200,000 $200,000 200 000
S
CSU Contribution $63,193 $63,193 63,193
Remainder to be split $
among partners $1,410,523 $1,474,934 1,668,511
Loveland’s
Additional $307
%Passenger Activity (2019,Less 5307 Withheld Loveland’s
2020,2021)Amount Owed Contribution Amount Amount Owed
S
Fort Col ins 45%$750.830 521,702 51
S 4 1,,J~,,.~i ~—
Loveland 23%$383,758 278,814 --i39;4o7~l~i’$$i139;4o7i.:,~~
Longmont 12%$200,221
BouderCounty 10%$166851
City of Boulder 7%$116 796
S
Berthoud 3%$50,055 34,127
Total $1,668,511
%TMA Service Area
5307 Breakdown Population $350,000
Fort Collins ~f’.‘65,47%$229,128
‘Cl’Loveland j~.,.~‘29,98%$104,944
Berthoud 4,55%$15.929
Highlighted total owed
by partner
Page 9 of9