HomeMy WebLinkAbout2023-034-04/04/2023-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORARESOLUTION 2023-034
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 CITY OF LOVELAND
FOR FLEX ROUTE REGIONAL TRANSIT SERVICES
WHEREAS,since 2016,the City has entered into an intergovernmental agreement (“IGA”)
with the City of Loveland (“Loveland”)to provide FLEX Route Regional Transit Service;and
WHEREAS,both the City and Loveland 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 Loveland 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 City of
Loveland 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 Loveland
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
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 April,2023.
ATTEST:
City Clerk /t4,?P
‘AI
‘‘I
1’
EXHIBIT A TO RESOLUTION 2023-034
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN THE CITY OF FORT COLLINS AN1)
CITY OF LOVELAND
This Agreement is made this day of ,2023 between the City of Fort Collins,Colorado,
a municipal corporation (hereafter “Fort Collins”),and the City of Loveland,Colorado,a municipal
corporation (hereafter “Loveland”)(Fort Collins and Loeland collectively may be referred to as the “Parties”or
individually,as a “Parry”).
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,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 (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:
AGREEMENT
1.The foregoing recitals are hereby incorporated as though ftilly set forth herein.
2.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 2 and
Section 6 of this Agreement.
EXHIBIT A TO RESOLUTION 2023-034
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
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.
3.This Agreement shall commence on January 1,2023 and shall continue in frill force and effect until
December 31,2023,unless sooner terminated as herein provided.
4.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.
5.In consideration of the services provided by Fort Collins under this Agreement,and the mutual financial
commitments herein made,Loveland agrees to contribute to the direct and indirect costs of operating
FLEX,as supplemented by such additional federal or state grant hinds as may be available therefor.The
Parties agree to use ridership data to formulate the cost share associated with each Partner.Based on average
ridership data from 2019,2020 and 2021,for each term of this Agreement,Loveland shall pay to Fort
Collins the amount of $383,758,for the year 2023 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 currently maintains and administers Loveland’s portion of the Urbanized Area
Fonnula Funding (49 U.S.C.§5307)grant funds (the “5307 Funds”).Loveland will allow Fort Collins to
withhold $244,351 from its balance of 5307 Funds from the Fiscal Year 2023.Loveland will remain
responsible for the remaining amounts owed under this IGA after deduction of the 5307 Funds,in the
amount of $139,407.Fort Collins will invoice Partners in the first quarter of 2023 for the FLEX service
provided in 2023.Such payment shall be made within 60 days after receipt of an invoice.
6.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.
Page 2 of 9
EXHIBIT A TO RESOLUTION 2023-034
7.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.
8.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
Section 10 (“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 tennination,Fort Collins shall provide
advance written notice to the Partners.
9.Fort Collins Transfort buses ~ill utilize existing Regional Transportation District (hereafter “RTD”)stops
in Boulder,or as otherwise agreed by the Parties.
10.The basic cash fare to be charged for FLEX 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 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.MI 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.
11.All Fort Collins and City of Loveland bus pass programs will be accepted as frill fare to ride FLEX.Transfers
from FLEX to the Transfort or COLT bus systems will be honored.The RTD Eco Pass will be accepted as
full fare to ride FLEX,but free transfers from FLEX;however,free transfers from FLEX to RTD will not be
honored.
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.MI 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
Page 3 of 9
EXHIBIT A TO RESOLUTION 2023-034
250 N.Mason Street
Fort Collins,CO 80522
With a copy to:
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
13.The Parties agree to cooperate fully,to a reasonable extent,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 5 and Exhibit B,unless approved in writing and duly 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 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.
Page 4 of 9
EXHIBIT A TO RESOLUTION 2023-034
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.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 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 (Section 24-10-10 1,C.R.S.et seq.)or any other defenses,
immunities,or limitations of liability available to any Party by law.
d.Any liability of the Parties under this Agreement shall be subject to appropriation of funds by
their respective governing bodies sufficient to satisfy such liability as required by their Charter
provisions.
e.No elected official,director,officer,agent or employee of the Parties shall be charged personally
or held contractually liable under any term or provision of this Agreement,or because of any
breach thereof or because of its or their execution,approval or attempted execution of this
Agreement.
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.The Parties hereto may not assign this Agreement or parts hereof or its rights hereunder without the
express written consent of all of the Parties.Any attempt to assign thts Agreement in the absence of such
written consent shall be null and void ab initio.
19.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.
20.The laws 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 conditions of this Agreement.Notwithstanding any other
Page 5 of 9
EXHIBIT A TO RESOLUTION 2023-034
provision in this Agreement to the contrary,in no event shall any party exercise any power or take any
action which shall be prohibited by applicable law.
21.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.
22.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.
23.This Agreement does not and is not intended to confer any rights or remedies upon any entity or person
other than the Parties.
24.This Agreement may be executed in multiple counterparts;all counterparts so executed shall constitute
one agreement binding upon all parties,notwithstanding that all parties are not signatories to the
original or the same counterpart.
25.This Agreement may be executed by electronic signature in accordance with C.R.S.24-71.3-101 et seq.
Documents executed,scanned and transmitted electronically and electronic signatures shall be deemed
original signatures for purposes of this Agreement and all matters related thereto,with such scanned
and electronic signatures having the same legal effect as original signatures.
Page 6 of 9
EXHIBIT A TO RESOLUTION 2023-034
IN ‘WITNESS ‘WHEREOF,the parties hereto have executed this Agreement on the date first above written.By
the signature of its representative below,each Party affirms that it has taken all necessary action to authorize
said representative to execute this Agreement.
CITY OF FORT COLLINS,COLORADO
a municipal corporation
By:—-
Kelly DiMartino,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:
Assista t Ci Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Page 7 of 9
EXHIBIT A TO RESOLUTION 2023-034
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:
FLEX LAWt,It,,I.I!Lc,,i1itta,it T,ips FLEX O~.oId,’w Expvwis Trips
SOUTH TRANSIT CENTERU DOWNTOWN TRANSIT CENTER
FRANSFOIT 1011715 IRANSFORT RO01~I
40l’l.(lR 0,00sa 0000 m HAl ~mpII
SOLITII TRANSIT CENTER
TWISFOfl 0013110
SKYWAY
FOITCOLLINS I
Forn cow,is LOVILMO I
LOVElAND I
I..1L NB
3:I—I
LOVRMOAAIOMER CDUNTY I
SIB A I
LOVELAND FOOD BANK C I ‘‘STIITOROOTESI
NB LONOHAONTJIDULOER COUNTY I
EISENHOWER C
C
=ff 0TH
C
IL
~ONJ
IC:
BUIT1IDUD BOULDER
92-i‘0
LI C
MOUNTAIN
BCRTI1000 RTD BOULDER —
TRANSIT CENTERLONGMONT
ITTRTUTES ~
7057
~~,_jf!~YO!LJ
C 0TH k~RID ADUTES 0 5TH COLDAAOT
EUCLID
Page 8 of 9
EXHIBIT A TO RESOLUTION 2023-034
EXHIBIT B
2021 2022 2023
$$$
Operating Cost 1,943,371 2,001,672 2,161,805.90
$$
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 5,000
$$$
FASTER Funding 200,000 200,000 200,000
$$$
CSU Contribution 63,193 63,193 63,193
Remainder to be split among $$$
partners 1,410,523 1,474,934 1,668,511
Loveland’s
%Passenger Activity Less 5307 Additional 5307 Loveland’s
(2019.2020,2021)Amount Owed Contribution Withheld Amount Amount Owed
$
Fort Collins 45%750,830
S $$$
Loveland 23%383,758 278,814 139,407 139,407
$
Longmont 12%200,221
S
Boulder County 10%166,851
S
City of Boulder 7%116,796
S
Berthoud 3%50,055
S
Total 1,668,511
%TMA Service Area $
5307 Breakdown Population 350,000
S
Fort Co lins 65.47%229,128
$
Loveland 29.98%104,944
$
Berthoud 4.55%15,929
Hlghllghted —total owed by
partner
Page 9 of 9