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Home My WebLink About20080326.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR BUS SERVICE BETWEEN GREELEY AND LOVELAND AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Bus Service between Greeley and Loveland among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, the City of Greeley, the City of Loveland, the North Front Range Transportation and Air Quality Planning Council, the Town of Johnstown, and Larimer County, commencing January 1,2008,and ending December 31,2010,with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Bus Service between Greeley and Loveland among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, the City of Greeley, the City of Loveland, the North Front Range Transportation and Air Quality Planning Council, the Town of Johnstown, and Larimer County, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of January, A.D., 2008, nunc pro tunc January 1, 2008. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO mid) ATTEST: R ,I H. Jerke, Chair Weld County Clerk to the Board pr - �: �. 4 r 1 otze "c en, Pro-Tem BY!-- le' C %� Deputy Clerk to the Board . William F. Garcia APPB,O A V M: EXCUSED David E. Long y A orney stern Douglas Radema her Date of signature:C -0 0' 2008-0326 HR0078 INTERGOVERNMENTAL AGREEMENT FOR BUS SERVICE BETWEEN GREELEY AND LOVELAND This Agreement is made this l51 day of January, 2008, between the City of Greeley, Colorado, a municipal corporation, the City of Loveland, Colorado, a municipal corporation, the North Front Range Transportation & Air Quality Planning Council (the "MPO"), the Town of Johnstown, Colorado, a municipal corporation, Weld County, Colorado, and Larimer County,Colorado. I. RECITALS 1. WHEREAS, the parties desire to provide regional connector bus service between the City of Greeley and the City of Loveland; and 2. WHEREAS, the MPO has secured capital and operating resources and will arrange for the provision of a regional connector bus service three-year pilot project along the U.S. Highway 34 corridor between and within the City of Greeley and the City of Loveland(referred to as the"Greeley-Loveland Route"); and 3. WHEREAS, the parties expect economic and efficiency benefits will result for each party through the proposed system of providing connector bus service to the Greeley-Loveland Route through contracted services; and 4. WHEREAS, as governmental entities in Colorado, the parties are authorized, pursuant to C.R.S. §29-1-203, to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. II. CONSIDERATION 5. 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: III.TERMS 6. The MPO shall provide connector bus service, via contract, in accordance with the terms of this Agreement and as specifically identified and described in Exhibit A, (consisting of one (1) page), attached hereto and incorporated herein by this reference, throughout the term of this Agreement. Additional service may be provided by the MPO, at its discretion and in accordance with Paragraph 10 of this Agreement,to the extent the MPO determines appropriate, given the demand for service and available resources. The City of Greeley, City of Loveland, Town of Johnstown, Larimer County and Weld County hereby grant permission for the MPO to provide such service within their respective jurisdictions, so that approval of the Colorado Public Utilities Commission need not be obtained by the MPO to operate the service. 2008-0326 O 7. The MPO agrees that all services provided under this Agreement shall be provided consistent with federal transit regulations, as the same may be amended, and that all such services shall be coordinated, to the extent possible, consistent with the schedules for operation of the City of Greeley transit system known as"GET: Greeley-Evans Transit" and the City of Loveland transit system known as"COLT". 8. The MPO shall be solely responsible for the fmancing of the proposed pilot Greeley-Loveland Route. The other parties shall not be responsible for any financial obligation related to this route or expected to fund the route's operation at the end of this Agreement. 9. Revenue from advertising on exterior signs and interior panels on the Greeley Loveland Route bus or from bus shelters or bus bench advertising for bus stops that are served exclusively by the Greeley-Loveland Route shall be remitted directly to the MPO by the vendor providing construction and maintenance of such shelters or benches. Such revenue will be used to supplement the operation expenses of the Greeley-Loveland Route. No revenue will be provided to the MPO for use of any nonexclusive shelters or benches. 10. The proposed Greeley-Loveland Route is set forth on Exhibit B and is incorporated herein by this reference. In the event the MPO determines that circumstances require modification of the Greeley-Loveland Route in order to better accommodate the demand for service or the efficient provision of service, the MPO shall be entitled to implement such modification with the written concurrence of the City of Greeley's and the City of Loveland's designated representatives as set forth in Paragraph 12 below, provided that 30 days advance notice of any such modification is provided in writing to the City of Greeley and the City of Loveland. Any route modification shall be incorporated in to this Agreement. 11. The basic fare to be charged for the Greeley-Loveland Route shall be determined by the MPO with the input of the City of Greeley and the City of Loveland. The MPO shall be entitled to modify the fare to be charged, as necessary for the efficient and cost-effective operation of the Greeley-Loveland Route, provided that the MPO solicits the input of the City of Greeley and the City of Loveland as to any fare modification and provided that 30 days advance notice of any such modification is provided in writing to the City of Greeley and the City of Loveland. The MPO shall be responsible for advertising all fare changes and shall be responsible for complying with any and all other notice and hearing requirements. The MPO contractor shall collect any fares due from passengers and accurately record and account for such fare receipts and ridership levels. The MPO shall prepare quarterly reports of such receipts and ridership levels, and shall provide such quarterly reports to each of the parties hereto. 12. Each party hereby designates the following representatives, who shall be responsible for managing such party's performance of the terms of this Agreement: City of Greeley: William Sterling, Director of Public Works 2 9--\ 1001 9th Avenue Greeley, CO 80631 Email: bill.sterling@greeleygov.com Phone: 970-350-9795 Fax: 970-336-4019 City of Loveland: Keith Reester, Director of Public Works 410 E. 5th Street Loveland, CO 80537 Email: reestk@ci.loveland.co.us Phone: 970-962-2520 Fax: 970-962-2908 MPO: Cliff Davidson, Executive Director 419 Canyon Ave Suite 300 Fort Collins, CO 80521 Email: cavidson@nfrmpo.org Phone: 970-416-2174 Fax: 970-416-2406 Town of Johnstown: John Franklin 101 Charlotte Johnstown, CO 80534 Email: jfranklin@townofjohnstown.com Phone: 970-687-4664 Fax: 970-587-0141 Weld County: Monica Daniels-Mika, Director of Administrative Services P.O. Box 758 Greeley, CO 80632 Email: mmika@co.weld.co.us Phone: 970-356-4000 ext. 4210 Larimer County: Frank Lancaster, County Manager 200 W. Oak, Second Floor Fort Collins, CO 80521 Email: lancasft@co.larimer.co.us Phone: 970-498-7004 Fax: 970-498-7006 All notices to be provided under this Agreement shall be provided to such designated representatives. 13. The MPO agrees to prepare and submit any applications, reports, or other documentation required in connection with the grant funding provided for the Greeley- Loveland Route. The MPO will meet National Transit Database (NTD") reporting 3 I �� requirements for the route and those statistics will be claimed by the MPO for the Fort Collins Transportation Management Area ("TMA"). 14. The parties agree to cooperate fully in the development and implementation of any surveys or studies undertaken by any of the parties in order to evaluate demand, usage, cost, effectiveness, efficiency, or any other factor relating to the success or performance of the Greeley-Loveland Route service or the need for such service. 15. This Agreement shall commence on January 1, 2008, and shall continue in full force and effect until December 31, 2010, unless sooner terminated as herein provided. In addition, the parties may extend the Agreement for additional one year periods not to exceed two (2) additional one year periods. A written addendum to this Agreement extending its terms in shall be executed by the parties no later than sixty (60) days prior to the end of each term of the Agreement. No advertising revenues for bus shelters or benches shall be collected or distributed by the City of Greeley, the City of Loveland, the Town of Johnstown, Weld County or Larimer County pursuant to this Agreement which would create a multi year fiscal obligation. 16. In the event a party has been declared in default, such defaulting party shall be allowed a period of sixty (60) 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. 17. Nothing in this Agreement shall be construed as a waiver of the notice requirements, defenses, immunities, and limitations the MPO, City of Greeley, the City of Loveland, the Town of Johnstown, Weld County or Larimer County may have under the Colorado Governmental Immunity Act (Section 24-10-101, 10A C.R.S., et seq.) or to any other defenses, immunities, or limitations of liability available to any party by law. 18. This Agreement embodies the entire agreement of the parties. 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. 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 all 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. Jurisdiction and venue shall be in Weld County District Court. 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. 4 d?2 22. This Agreement may be executed in separate counterparts, and the counterparts taken together shall constitute the whole of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. (Remainder of page intentionally left blank) CITY OF GREELEY, COLORADO A Municipal Corporation By: Ed Clark, Mayor ATTEST: it 6 . L.alLo City Clec APPROVVEDIS T SU S ANCE: AVAILABILITY OF FUNDS: • By: ' By: o tt , i ager Tim Nash, Dir c or of Finance APPRO D AS TO L I GAL ORM: By: �cvRich.. . : ady, City Attorney (Remainder of page intentionally left blank) 6 `a � CITY OF LOVELAND, COLORADO A municipal^corporation ci/ By: L Don Williams,City Manager Al LEST: ��•,�of LOVE. City Clerk 5 SEAL SEAT I ; APPROVED AS TO FORM: ^/��'�,�Cp�ORP�O•"•�` '4/d/4/ Assistant City Attorney (Remainder of page intentionally left blank) 7 NORTH FRONT RANGE TRANSPORTATION&AIR QUALITY PLANNING COUNCIL By: Milan Karspeck,Chair ATTEST: Cli a on, ecutive Director APPROVED AS TO FORM: Attorney (Remainder of page intentionally left blank) 8 Cap TOWN OF JOHNSTOWN,COLORADO A municipal corporation ay [[[ Al UST: City erk APP IED TO FORM: To Attc e > (Remainder of page intentionally left blank) 9 � aNs(6 WELD COUNTY, COLORADO R 1 ) if f'v .. �x J 15,i F-Lv � k�, , ,m_ 'lliam H. Jerke, Chair ,, a oard of Weld County Commissioners .. .„.4 4.,k, ATTEST:dCounty Clerk to the "rt},,,,,!� ,�,' BY: OA Dep y Cl r to the Bo rd PPRED AS T ORM: Cor/j-17;k:,,%--7-----7-7--"7-- AttiiMey (Remainder of page intentionally left blank) 10 dS l LARIMER COUNTY, COLORADO ___..e./_. By' �� •°• COUNT „�'' ATTEST ,,' c� YC.'. It,SEAL APPROVED AS TO FORM: `",,,C6TORP ••`° C Att ey (Remainder of page intentionally left blank) 11 13© EXHIBIT A The MPO will operate regional connector bus service between the cities of Greeley and Loveland. Service will be provided within the following general parameters: Days of Service — Monday — Saturday, except for the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Estimated Hours of Service—Monday—Friday: 6:00 a.m. - 7:00 p.m.; Saturday: 9:00 a.m.- 7:00 p.m. Frequency of Service—Hourly dependent upon financial resources and demand. Service Area — Route will operate between the Greeley Mall and the East Loveland Transfer Center on US Highway 34 and other streets and roads as required. Due to the limited number of stops along this route, this route is considered to be an intercity route and not a fixed route and complementary paratransit service is not required. Expected Start Date— Between February 1, 2008 and April 1, 2008. 12 i � � CITY OF GREELEY, COLORADO RESOLUTION NO. 64 , 2007 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF GREELEY, CITY OF LOVELAND, TOWN OF JOHNSTOWN, LARIMER COUNTY, WELD COUNTY AND THE NORTH FRONT RANGE TRANSPORTATION & AIR QUALITY PLANNING COUNCIL ALLOWING THE OPERATION OF A THREE-YEAR PILOT PUBLIC TRANSIT BUS SERVICE PROJECT BETWEEN GREELEY AND LOVELAND. WHEREAS, the Greeley City Council Community Vision and Priorities include improving socio-economic conditions to enhance the quality of life for all Greeley residents by increasing economic development opportunities; to improve the community's financial well being by creating an environment that fosters quality job growth, and recognizes Greeley's position in a competitive regional economy; and, WHEREAS,the parties to the intergovernmental agreement expect economic and efficiency benefits will result for each party and their citizens by expanding the job market for low income employees through the proposed system of providing regional connector public transit bus service along the U.S. Highway 34 corridor between and within the City of Greeley and the City of Loveland (referred to as the"Greeley-Loveland Route")through contracted services; and, WHEREAS, the North Front Range Transportation & Air Quality Planning Council (the "MPO") will arrange for the provision of a regional connector "Greeley-Loveland Route" public transit bus service three-year pilot project; and, WHEREAS, the MPO has secured capital (rolling stock; buses) resources for the "Greeley- Loveland Route" through funding by the State of Colorado Senate Bill 1 "10% for Transit" legislation and a 20% local match through designated MPO funds; and, WHEREAS, the City of Greeley has obtained a Federal Transit Administration 5316 grant (hereinafter referred to as the Job Access Reverse Commute or JARC grant) through the Colorado Department of Transportation which is to be used for the operation of a regional connector "Greeley-Loveland Route"public transit bus service pilot project; and, WHEREAS, the MPO has secured the local match required and agreed to assume the Scope of Work set forth in the JARC grant; and, WHEREAS, the MPO shall be solely responsible for the financing of the proposed three- year pilot Greeley-Loveland Route project and the other parties shall not be responsible for any financial obligation related to this route or expected to fund the route's operation at the end of the project; and, WHEREAS, as governmental entities in Colorado, the parties are authorized, pursuant to C.R.S. §29-1-203, to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO THAT: Section 1. The Mayor is authorized to sign an intergovernmental agreement between the City of Greeley, City of Loveland, Town of Johnstown, Larimer County, Weld County and the North Front Range Transportation & Air Quality Planning Council allowing the operation of a three-year pilot public transit bus service project between Greeley and Loveland. Section 2. This resolution shall become effective five days after its final publication as provided by the Greeley City Charter. PASSED AND ADOPTED, SIGNED AND APPROVED, THIS 1 Rth DAY OF December , 2007. ATTEST: CITY OF GREELEY, COLORADO 4I41,tv) • City Cler Mayor � �g OFFICE OF THE CITY ATTORNEY City 1100 10th Street, Suite#401, Greeley, Colorado 80631•(970) 350-9757•FAX(970) 350-9763 Greeley December 8, 2008 Ms. Donna Bechler Clerk of the Board 915 10th Street PO Box 758 Greeley, CO 80632 Re: Transit IGA Dear Ms. Bechler: Pursuant to your request, please find enclosed a copy of the Intergovernmental Agreement Between the City of Greeley, City of Loveland, Town of Johnstown, Larimer County, Weld County, and the North Front Range transportation &Air Quality Planning Council for the three-year pilot public transit bus service project between Greeley and Loveland. If you have any questions, please feel free to contact us. Cordially, Office of City Attorney Sandra L. Holm Paralegal to Stacey L. Aurzada /slh Enclosure SERVING OUR COMMUNITY • 1 T ' S A TRADITION be promise/0 preserve(m l impsave Me yuali/y o/li/v/or Jreefey throuy/i/i�nelq, tour/eons W2 CI COS/e//ee/iue service. a. y Greeley- Brad Patterson Transit Services Manager CQCrc( ( vr&[ 7c� �� 1200 A Street S SCI tl Greeley,CO 80631 O`ftier e c2h f CQ S (970) 350-9751 Office (970),397-856+ Mobile Cell ye�tc uyie. Hello