HomeMy WebLinkAbout2023-038-04/04/2023-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORARESOLUTION 2023 038
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
LONGMONT FOR FLEX ROUTE REGIONAL TRANSIT SERVICES
WHEREAS,since 2016,the City has entered into an intergovernmental agreement (“IGA”)
with the City of Longmont (“Longmont”)to provide FLEX Route Regional Transit Service;and
WHEREAS,both the City and Longmont 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 Longmont
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
Longmont 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 Longmont
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 CA~e4 j2ya
~1
‘I
I
EXHIBIT A TO RESOLUTION 2023-038
INTERGOVERNMENTAL AGREEMENT
FOR BUS SERVICE BETWEEN ThE CITY OF FORT COLLINS AND
ThE CITY OF LONGMONT
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 Longmont,a municipal corporation
(hereafter “Longmont”)(Fort Collins and 1.ongmont collectively may be referred to as the “Parties”or
individually as a “Party”),
RECITALS
WHEREAS,the Panics desire to provide regional connector bus service between Fort Collins and City
of Longmont;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 and Colorado State University (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,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
I.The forgoing recitals are hereby incorporated as though fully set forth herein.
2.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 2 and Section 4 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
EXHIBIT A TO RESOLUTION 2023-038
contribution,Fort Collins and the Partners will amend Exhibit A and the respective cost share
associated with the change.lithe 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
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 6111 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,from time to time,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,L.ongmont agrees to contribute to the direct and indirect costs of operating
FLEX,as supplemented by such additional federal or state grant ftinds 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 2019,2020 and 2021,Longmont shall pay to Fort Collins the amount of
$200,221 for the year 2023 and its share of direct and indirect costs of operating FLEX subject to Section
7.Fort Collins will invoice Partners in the first quarter of 2023 for the FLEX service provided in 2023
and the first quarter of each subsequent year.Such payment shall be made within 60 days after receipt of
an invoice.
6.Any additional revenues collected by L.ongmont 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.
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 2023 includes
projected FLEX Revenue and anticipated revenues from bus fines pursuant to Section 9 (“FLEX Fare
Revenue”).If FLEX Revenue and FLEX Fare Revenue for 2023 is insufficient to meet the budget for
operation of FLEX,the Parties may elect to appropriate and pay their pro rats share of any shortage.If
either Party does not appropriate and pay its pro rats 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
Page 2 of 10
EXHIBIT A TO RESOLUTION 2023-038
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.
9.Fort Collins Transfàrt buses will utilize existing Regional Transportation District (hereafter “RTh”)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 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.
11.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 RTD Eco Pass will be accepted as
full fare to ride FLEX,but 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.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
P.O.Box 580
Fort Collins,CO 80522
Page 3 of 10
EXHIBIT A TO RESOLUTION 2023-038
If to City of I.ongmont:
Transportation Planning Manager
City of Longmont
385 Kimbark Street
longreont,CO 80501
With a copy to:
City Attorney
City of Longmont
350 Kimbark Street
Longmont,CO 80501
13.The Parties agree to cooperate filly,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 finds more than the specific amounts set forth in
Exhibit B,however,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 finds 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 defliult may elect to terminate the Agreement and so notify the defaulting Party in writing.Any
amounts due to the non4efhulting 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 kllows:
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.
Page 4 of 10
EXHIBIT A TO RESOLUTION 2023-038
b.l_ongmont shall be responsible for all claims,damages,liability and court awards,including costs,
expenses,and attorney fees incurred,should Longmont be found liable as a result of any action or
omission of Longmont 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 2410.101,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 this Agreement in the absence of
such written consent shall be null and void at’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
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.
Page S of 10
EXHIBIT A TO RESOLUTION 2023-038
23.This Agreement does not and is not intended to confer any rights or remedies upon any entity or pcrson
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 JO
EXHIBIT A TO RESOLUTION 2023-038
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 COLUNS,COLORADO
a municipal corporation
By:—__________________
Kelly DiMartino,City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
Page 7 of 10
EXHIBIT A TO RESOLUTION 2023-038
CiTY OF LONGMONT:
MAYOR
AflEST:
~
CITY CLERK
APPROVED AS TO FORM:
as—
ASSISTANT CITY ATrORNEY
Kalyk ~~~~24,2O2314 16M5T)
PROOFREAD
APPROVED AS TO FORM AND SUBSTANCE:
Vt JIM
ORIGINATING DEPARTMENT
CA File No,22-002070
01/25/2023
DATE
01/24/2023
DATE
01/24/2023
DATE
01/24/2023
DATE
Page 8 of 10
EXHIBIT A TO RESOLUTION 2023-038
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 through 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:SAM -8 PM
•Frequency of Service:60 Minutes
I,’..,~1
aLovnaMj~MLI COWT
twmflom Xfl
canton ,a*t,tuma
—-~
1a
Service Area Maps:
m
a
,o~T cmIJII
iognmi.rncfatE.~Q,~s_~n,
‘I
§
•11W
a UThTWOWCENflIQ
WA101011J70
•flI*L~U
SOWAY
Liz
C_OAT’,
5
•lam
NP
1.
~I.
5IH
U.
74,
cm
UN
aWorn au~
‘Lw’—
I.
a
a
0
N’
“p
“‘1 •i•:
Li
a
004*DOA
l1DI@4T10U1MCnam~11OWNWJ
C
I~
.11
U
~IQAN
Page 9 of 10
EXHIBIT A TO RESOLUTION 2023-038
EXHIBIT B
2021 2022 2023
S $$
Operating Cost 1,943,371 2.001,672 2,161,805.90
S $
Fares 40,000 40,000 N/A
CMAQ Flex to Boulder $$$
Enhancement 224,655 218,545 225,102
S $$
EcoPass Reimbursement 5,000 5,000 5,000
S $$
FASTER FundIng 200,000 200,000 200.000
S $$
C5U ContrIbution 63,193 63,193 63,193
Remainder to be split among $$$
partners 1,410,523 1,414,934 1,668,511
Loveland’s
%PassengerAgtlvity Less 5307 AdditIonal 5307 Loveland’s
(2019,2020,2021)Amount owed Contribution Withheld Amount Amount Owed
S $
Fort Collins 45%7S0,830 521,702 51
S $$$
Loveland 23%383,758 278,814 139,407 139,407
S
Longmont 12%200.221
S
Boulder County 10%166.85 1
S
City of Boulder 7%116,7%
S $
Berthoud 3%50,055 34,127
S
Total 1,668,511
%TMAServlce Area $
5307 Breakdown PopulatIon 350,000
S
Fort Collins 65.47%229,128
S
Loveland 29.98%104,944
S
Berthoud 4.55%15,929
%lghlighted =total owed by
partner
Page 10 of 10