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HomeMy WebLinkAbout2011-108-12/06/2011-AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE BOARD OF GOVERNORS OF THE COLORADO ST I L RESOLUTION 2011-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM FOR THE BENEFIT OF THE ASSOCIATED STUDENTS OF COLORADO STATE UNIVERSITY TO CREATE THE SAFE RIDE HOME WEEKEND BUS SERVICE WHEREAS, Fort Collins Police Services has had discussions with the Associated Students of Colorado State University ("ASCSU") about creating an additional transportation option for students leaving the downtown area on weekend nights; and WHEREAS, approximately four thousand people exit the downtown area during the late night hours in connection with the closing of the downtown liquor licensed establishments; and WHEREAS,the existing transportation options for people leaving the downtown area during the late night hours is limited to taxis and the Ram Ride program and is insufficient to accommodate the need for transportation services during those hours; and WHEREAS;in order to increase traffic safety by giving people an additional option for leaving the downtown area without the necessity of driving automobiles after having been drinking, ASCSU and Fort Collins Police Services have developed the Safe Ride Home Weekend Bus Service for the purpose of operating two fixed bus routes on Friday and Saturday nights every weekend during the term of the agreement, from 11:30 p.m. to 2:30 a.m.; and WHEREAS, funding for the program will include Fifty Thousand Dollars ($50,000) from the Fort Collins Police Services Camera Radar Funds;Thirty Four Thousand Dollars($34,000)from ASCSU Student Fees, and fares generated by a proposed One Dollar ($1) per ride fare as well as potential advertising revenues that might be generated by this service; and WHEREAS,ASCSU has conducted extensive public outreach and has received a favorable response to the proposed service; and WHEREAS, the Transportation Board of the City has recommended that the Council enter into the intergovernmental agreement for the provision of the proposed service; and WHEREAS, Council has determined that it is in the best interests of the City that the City Manager enter into an intergovernmental agreement with the Board of Governors of the Colorado State University System on behalf of the ASCSU to create the Safe Ride Home Weekend Bus Service. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to enter into an intergovernmental agreement with the Board of Governors of the Colorado State University System for the use and benefit of the Associated Student of Colorado State University for the establishment and operation of the Safe Ride Home Weekend Bus Service Program upon the terms and conditions contained in the proposed Intergovernmental Agreement for Transportation Services attached hereto as Exhibit "A," subject to such modifications or amendments as the City Manager, in consultation with the City Attorney deems appropriate to protect the interests of the City and to carry out the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of December A.D. 2011. /• RT CO' May r ATTEST: • {@ Y • • s e B City Clerk er ca L �.o �' Exhibit A INTERGOVERNMENTAL AGREEMENT for Transportation Services j t This Intergovernmental Agreement for Transportation Services("Agreement")is made and entered into this_day of 2011, by and between the Board of Governors of the Colorado State University System,acting by and through Colorado State University(University) for the use and benefit of the Associated Students of Colorado State University(ASCSU);and the City of Fort Collins, Colorado, a Colorado municipal corporation (City). Recitals: { WHEREAS, ASCSU represents various interests of the student the University (Students), including public transportation and its goals in improving tr/anspot�ation convenience and safety;and WHEREAS,the City is willing to provide two fixed bus outes by its Transfort system on Friday and Saturday nights,every weekend during the term of this Agreemeem from 11:30 PM'tj J0 AM;and i WHEREAS,the Parties desire to enter into this agree\t\lier'eby ASCSU will partially rtially fiord the use of the aforesaid two fixed bus routes-by University student and the parties agree that this bus service will further the goals of public transportation in and for the University and the City of Fort Collins. NOW, THEREFORE, in consideration of th foregoing Recitals and the mutual covenants and promises contained herein;the receipt and sufficiency of which.are hereby acknowledged,the parties agree as follows: J 1. Term. The Term of this Agreement shall be effective on January 20, 2012 and shall tenninate at 3:00-AM on�January 20,_2013-unless sooner terminated in accordance with the provisions,herein;or extended\by mutual written agreement of the parties. 2. ,Fees and Serve a\\In consideration of the services provided herein,the University shall pay City the Stan of$34,000 for the contract year(the initial"Payment")payable after invoice,in 2 installments on the dates shown below\ Trans fort shall invoice the University for the initial Payment as follows: February15201 $17,000 September 15,v 012: $17,000 TOTAL. $34,000 b. Payments shall be remitted to Transfort within 30 days after invoice is received and accepted by the University. In the event that any amount invoiced is disputed, the University shall remit payment of the undisputed amount,together with a statement of the nature and amount of the i 1 � 1 i dispute.The parties shall cooperate in good faith to resolve the dispute,and failing such,the dispute shall be elevated by each party to its senior administrator for further attempts at resolution. C. It is expressly understood that such Payments are made in consideration of two fixed bus routes as shown in Attachment 1, with 15 minute headways, with operations on Friday and Saturday between the hours of 11:30 PM and 2:30 AM, every weekend during the term of this Agreement. j d. The City agrees to provide the service described in s ctib�2c. very weekend during i the term of this Agreement; but the parties also recognize that there.may be changes to the service plan described in section 2.c in response to changing needs of thejransfort System, ASCSU direction, and direction of the City Council. Transfort will'at�ali times use s,best efforts to advise ASCSU's leadership(President and/or Vice President)of anticipated service changes.As part of this cooperative effort, the City shall notify the ASCSU President and the Universiity.Sr�ice President for Administrative Services of all major issues regarding Transfjrtservices not less than seven(7) days in advance of any scheduled public hearing or-,City Council,action on such issues. The University reserves the right to terminate this Agreement at it e end the contract year if route or service changes are proposed by Transfort.that appear to b unacceptable to ASCSU. 3. Representatives and Notices. Theparties reby designate\fo lowing representatives for purposes of managing this Agreement and receiving,notices hereunder. A party may change its I designated representative(s)at any time by service of notice•in tlie.same manner as any other notice. Any notice required or desired o be given under this Agreeent shall be deemed received when hand-delivered to thither paryor sent by certified mail, return receipt requested, to such party at the following addresses: FOR THE UNIVERSITY: " �-FOR THE CITY: ASCSU/President Transfort Assistant-General Manager 19 Ass09iated Students of Colorado State 6570 Portner Road University Fort Collins, CO 80525 Lory Student Center 8033 Campus Delivery j AND: Colorado State University Fort Collins, CO 80523 803-3 Office of the City Manager City of Fort Collins AND: P.O. Box 580 Foil Collins, CO 80522 Contracts Manager Dept. of Procurement & Contracting Services 6010 Campus Delivery Foil Collins, CO 80523-6010 I 2 � Proof of service of any notice in accordance with this provision may be required. 4. Termination, This Agreement may be tenminated as follows: i a. Termination for Default. A party will be considered in default of its obligations under this Agreement if such party should fail to observe, to comply with, or to perform any term, condition,or covenant contained in this Agreement. The non-defaulting party shall provide written notice to the defaulting party of any such default. The defaulting party shall have 30 days after receipt of such notice to remedy said default. During the 30-day period'in which the defaulting party may cure the default,the parties will make reasonable attempts todesolve the claimed default. If the default is not cured by the end of this 30 day period, the none efaulti g,party may declare this Agreement terminated, but shall not be relieved of its obligations incurred prior to the date of termination. j b. Termination at University Option.eIn the event ofasubstantial reduction in the need i for these transit services during the contract year,the Uhiversity shall,have the right to terminate this { Agreement upon not less than 30 days' advance notice and to o receive a pro-rata refund of amounts paid in advance for services after the termination date. 5. Miscellaneous Provisions. a Entire Agreement. This Agreement constitutes the entire agreement between the parties,and supersedes any previous contracts,understandings;of agreements of the parties,whether i verbal or written, concerning the subject matter\of this Agreement. Any amendment to this 1 Agreement must be;m-writh g an&must be signed'Sy the parties. b. �Waiver of Breach.'The,watvzr-by either party of a breach or violation of any provision of this-Agreement shall not operafe'as or be construed to be a waiver of any subsequent breach of the same or other provision hereof. c.\ Severability\. In the event that any provision of this Agreement is held unenforceable for any reason hhe�remaining portions of this Agreement shall remain in full force and effect. d. Assienment.�N10 assignment of this Agreement or the rights and obligations thereunder shall be valid-wi No the specific written consent of both parties hereto. 1 i i 6. State Contract Special Provisions. The following Special Provisions are required by the State Fiscal Rules to be incorporated into this Agreement and are hereby made a part hereof: SPECIAL PROVISIONS The Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL.CRS§24-30-202(i).This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 3 2. FUND AVAILABILITY.CRS§24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. 3. GOVERNMENTAL IMMUNITY.No term or condition of this contract shall be construed or interpreted as S a waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act,CRS§24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C. §§1346(b)and 2671 et seq.,as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR.4 CCR 801-1.Contractor shall perform its duties hereunder as an independent contractor and not as an employee.Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.Contractor and its employees and agents are not entitled to unemployment insurance benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or empl y—ces. Unemployment insurance benefits will be available to Contractor and its employees andagents only if such coverage is made available by Contractor or a third party.Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to tliis'contract\Contractor shall not have authorization,express or implied,to bind the State to any agreement, liability o�understanding,except as expressly set forth herein.Contractor shall(a)provide and keep in force Workers'compensation and unemployment compensation insurance in the amounts required•by,law,(b)provide proof thereof when requested by the State,and(c)be solely responsible for4 'acts and those of its employees and agents. 1 5. COMPLIANCE WITH LAW.Contractor shall strictly comply with all applicable federal and State laws, rules,and regulations in effect or hereafter established, including,without limitation,those laws applicable to discrimination and unfair employment practices 11 6. CHOICE OF LAW.The laws of the State of Colorado and rules.and regulations issued pursuant thereto, i shall be applied in the interpretation,execution,and enforcement of this contract. Any provision included or incorporated herein by reference which,connicts with said Ia%Js,rules,and'regu[at ions shall be null and void.Any provision incorporated herein+6y,reterence which purports�to negate this or any other Special Provision in whole or in part shall not be\)alid'or enforecable or availa6le in any action at law,whether by way of complaint,defense,or otherwise.Anyprodisio`rendered null'and void by the operation of this provision shall not invalidate the remainder-of this contract,to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED`the State of Colorado does•not agree to binding arbitration by any extra-judicial body or person.Any provision to t►e contrary in this contact or incorporated herein by reference shall be null and-void. S. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00. State or other public funds payable under thiscontract shall not be used for the�acquisition,operation,or maintenance of computer software in viola(ionof federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that,during the tern of this contract and any extensions,Contractor has and shall maintain in place appropriate s),stems,and controls to prevent such improper use of public funds. If the State determines thContractor is,in-violationofthis.pro(,ision,the State may exercise any remedy available at law or-inequity orunder this contract, including,without limitation immediate termination of this contract and`an reniedyconsistent with federal copyright laws or applicable licensing restrictions. 9. E1NIPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.CRS §§24-18-201 and 24-50-507. I %The signatories aver thatlo their knowledge,no employee of the State has any personal or beneficial cam—interest whatsoever in'the st rvice or property described in this contract.Contractor has no interest and shall not.acqu\re any interest,direct or indirect,that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET.CRS,§§24-30-202(1)and 24-30-202.4.[Not Applicable to intergovernmental agreements]Subject to the limitations of CRS §24-30-202.4(3.5),the State Controller may withhold payment under the State;s%endor offset intercept system for debts owed to State agencies for: (a)unpaid child support debts or,child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS'§39-21-101,et.seq.;(c)unpaid loans due to the Student Loan Division of the Department of Higher Education;(d)amounts required to be paid to the Unemployment Compensation Fund;and(e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES.CRS§8-17.5-101.[Not Applicable to agreements relating to the offer, issuance,or sale of securities, investment advisot),services or firnd management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] i Contractor certifies,warrants,and agrees that it does not knowingly employ or contract with an illegal alien who Will perform work under this contract and will confirm the employment eligibility of all employees i who are newly hired for employment in the United States to perform work under this contract,through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5- 102(5)(c),Contractor shall not knowingly employ or contract with an illegal alien to perform work under � this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this 4 I contract.Contractor(a)shall not use E-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed,(b)shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS§8-17.5-102(5),by the Colorado Department of Labor and Employment.If Contractor participates in the Department program,Contractor shall deliver to the contracting State agency, institution of higher education or political subdivision a written,notarized j affirmation,affirming that Contractor has examined the legal work status of such employee,and comply with all of the other requirements of the Department program. If Contractor fails.to comply with any requirement of this provision or CRS§8-17.5-101 et seq.,the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated,Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS§24'76.5-10.1.Contractor, if a natural person ' eighteen(18)years of age or older,hereby swears and affirms under penaltyof perjury that he or she(a)is a j citizen or otherwise lawfully present in the United States pursuant to,federal law,(b)shall comply with the provisions of CRS§24-76.5-101 et seq.,and(c)has produced-one form of identification required by CRS §24-76.5-103 prior to the effective date of this contractz Revised 5-30-08 \ 1 j f l l i 5 i IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT: CITY OF FORT COLLINS,COLORADO STATE OF COLORADO: John Hickenlooper, GOVERNOR Board of Governors of the Colorado State University System,acting by and through Colorado By: State University: Darin Atteberry City Manager By: Thomas A: G"ordll I ATTEST: Title: Sr. Vice President for Administrative Services By: APPROVED: City Clerk APPROVED AS TO FORM: / �By: PresidASCSU By: Deputy City Attorney LEGAL SUFFICIENCY: John M,Suthers Attorney Get\1, State of Colorado By: )\� 'Associate Legal Counsel ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER GRS 24-30-202 requires that the State Controller approve all state contracts. This contract'is not I valid until the State Controller,or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: DAVID J. MCDERMOTT By: I I Date: i I f Attachment 1 Downtown Laurel Overland Prospect College MOUNTAIN OLIVEcn — 1 O = 2 MAGNOLIA m z r m D < WB r 0 O MULBERRY O 3:11r I N z rn MYRTLE m ; x m q D = Z z • z m o � $ z PLUM LAUREL i ? o N 9 m m z j n ,m � 9 = n • V Ilage p — LOCUST r — ELIZABETH ELIZABETH King S n $ o r $B = Soopers O Campus m Y F (a i West NB x - m WELLS FARGO m < PI7KIN z - LAKE m O PROSPECT I LAKE D rD 0 0 a UpN � n r m z m < m M m m = 2 > m y -I � r 0 m m m ? < m O O Z EB> MAPLEGEND Bus Route • Time Point Bus Stop: Street intersection used for time schedule reference point listed at the top of the time columns to estimate bus arrival and trip times O Bus Stop 1 Transfer Location : Route intersection for transferring to the connecting route or routes indicated Q Transit Center Landmarks: e Government 14 College/ Building University R Post Office P School Er Library $ Shopping M Museum ■ Other Landmark + Medical Facility Downtown >) Mulberry • • ' MOUN4--- NNmOAK OLIVE 4WB y N zMAGNOLIArMERRY x lz,•iay ARD 8p� D .n n LAUREL $ z MAPLEGEND CsU Bus Route e ELIZABETH • Time Point Bus Stop: Street ELIZABETH intersection used for time schedule reference point listed at the top of the time columns to estimate bus arrival and trip times. SB O Bus Stop � PITKIN NB I Transfer Location: Route intersection for transferring to the I AKF connecting route or routes indicated PROSPECT 0 Transit Center PROSPECT Landmarks: D t Government Q College/ Building University = PA Post Office P School STUART F It Library S Shopping JOHNSON SPRING CREEK * Museum ■ Other Landmark + Medical Facility RUTGERS MANCHESTER n O SHEFFIELD 6(�a�P r VALLEY FORGE CSU G) Vet School m VA 9a Clinic 1 , PRINCETON DRAKE O 0 • EBB x 3 L �j :L� M M 0 RAINTREE DAVIDSON 0 y n 2 In o D zz AbbCM3 N z