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
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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.
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ATTEST:
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Exhibit A
INTERGOVERNMENTAL AGREEMENT
for Transportation Services j
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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:
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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
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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
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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
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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
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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.
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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
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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 \
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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
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Date:
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Attachment 1
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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
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MAPLEGEND
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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
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