HomeMy WebLinkAbout2021 Ordinance No. 015
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BY AUTHORITY
ORDINANCE NO. 15 COUNCIL BILL NO. 10
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT FOR 2021 RTD FUNDING OF LOCAL
TRANSPORTATION SERVICES WITH THE CITY OF ENGLEWOOD
FOR THE ENGLEWOOD TROLLEY
WHEREAS, Council has approved Intergovernmental Agreements (IGA)
between the City and the Regional Transportation District (RTD) for funding of the
Englewood Trolley from 2004 through 2020;
WHEREAS, RTD will reimburse Englewood as partial funding for eligible services, in
an amount not to exceed $236,570.00 for the term of January 1, 2021 to December 31,
2021; and
WHEREAS, RTD's 2021 funding is based on a forty percent (40%) reduction in RTD
Budgeted Funding compared to 2020. Should the actual hours operated be reduced by
more that forty percent (40%), payment will be reduced accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
the IGA entitled “RTD Funding of Local Transportation Services of Englewood” (Englewood
Trolley) between the Regional Transportation District (RTD) and the City of Englewood,
Colorado, as attached hereto as Exhibit A.
Section 2. The Mayor and City Clerk are authorized to execute and attest said
Intergovernmental Agreement for and on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 19th day of April,
2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the
22nd day of April, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on the
21st day of April, 2021 for thirty (30) days.
Read by Title and passed on final reading on the 3rd day of May, 2021.
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Published by Title in the City’s official newspaper as Ordinance No. 15, Series of
2021, on the 6th day of May, 2021.
Published by title on the City’s official website beginning on the 5th day of May,
2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by Title as Ordinance No.15, Series of 2021.
Stephanie Carlile
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INTERGOVERNMENTAL AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
of CITY OF ENGLEWOOD - ENGLEWOOD TROLLEY
This Intergovernmental Agreement for RTD Funding of Local Transportation Services with the
City of Englewood for the Englewood Trolley (“Agreement”) is made this _____ day of _____,
2021, between the Regional Transportation District, a political subdivision of the State of Colorado
organized pursuant to the Regional Transportation District Act, C.R.S. § 32-9-101, et seq.,
(“RTD”) and the City of Englewood, Colorado, a Colorado home rule city (“Englewood”).
Englewood and RTD may also be referred to herein individually as a “Party” and collectively as
the “Parties”.
RECITALS
A. RTD is authorized by the Regional Transportation District Act, C.R.S. §§ 32-9-101,
et seq. (the “RTD Act”), to develop, maintain, and operate a mass transportation
system for the benefit of the inhabitants of its District, as defined by the RTD Act.
B. Pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a), and C.R.S. §§
29-1-203 et seq., both RTD and Englewood may cooperate or contract with each
other to provide any function, service, or facility lawfully authorized to each, and
any such contract may provide for sharing of costs.
C. RTD currently operates a variety of fixed-route bus, light rail, and other transit
services in and around Englewood.
D. Englewood provides the transit services as described in Exhibit A (“Services”) that
provide mobility and access to the business and residential areas in and around
Englewood.
E. The Services that Englewood provides supplements RTD service and gives added
mobility for the general public working and living in Englewood.
F. In order to support transit services supplemental to those services provided by RTD
in Englewood, RTD wishes to contribute local funds for the provision of such
Services according to the terms and conditions as agreed by the Parties as set forth
herein.
DocuSign Envelope ID: 782820CA-311F-4D28-AB69-DE508D757D6A
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
ENGLEWOOD TROLLEY
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TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the foregoing premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows.
1. GENERAL.
A. Exhibits. The following exhibits are attached and incorporated into this Agreement
by this reference:
Exhibit A: Description of the Services
Exhibit B: Description of the RTD Funding
Exhibit C: Communication and Notices – Contacts
Exhibit D: Special Provisions
Exhibit E: Transit Equity
Exhibit F: Insurance Requirements
B. Recitals. The recitals set forth above are incorporated herein by this reference.
C. Other Agreements. The Parties may have previously entered into various other
agreements which remain in effect until terminated and are not voided by or
otherwise amended by this Agreement, unless expressly set forth herein.
2. OPERATIONS, MANAGEMENT AND CONTROL OF THE SERVICES.
Englewood shall continue to manage and operate, either directly or through its designated
agent(s), the Services as defined in Exhibit A. Englewood and/or its designated agent(s)
shall be solely responsible for all operations, management, marketing, administration, and
Services delivery functions, including provision of vehicles, vehicle maintenance,
insurance and accounting. Except as specifically provided herein, RTD shall have no
responsibility for the operations and management of the Services. RTD shall have no
responsibility for, or authority or control with respect to, the supervision and management
of any employees or contractors who work in connection with the Services. Englewood
shall operate the Services in compliance with all applicable laws, regulations, orders,
codes, directives, permits, approvals, decisions, decrees, ordinances or by-laws having the
force of law and any common or civil law, including any amendment, extension or re-
enactment of any of the same, and all other instruments, orders and regulations made
pursuant to statute (collectively, “Laws”), and Englewood shall be solely responsible for
compliance with all applicable Laws. Notwithstanding RTD’s right to cease funding as
provided in this Agreement, RTD has no obligation or intent, nor right pursuant to this
Agreement, to otherwise continue the Services, if Englewood ceases to provide the
Services.
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
ENGLEWOOD TROLLEY
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3. SERVICES. The Services must be provided as described in Exhibit A. No material
changes may be made to the Services during the term of this Agreement without the written
agreement of both Parties. In the event that changes are made to the Services without the
written consent of RTD, then RTD may, at its sole option, terminate this Agreement with
30 business days’ notice by RTD to Englewood. Englewood shall have 30 business days
from the date of notice to cure the deficiency to the reasonable satisfaction of RTD (“Cure
Period”). In the event that Englewood has not cured the deficiency within the 30 business
days, the Agreement will terminate, and RTD will not provide any funding for the Services
after the Cure Period.
4. RTD FUNDING. In support of the Services, RTD will reimburse Englewood as partial
funding for eligible Services provided in accordance with the schedule set out in Exhibit
B, but such amount will not exceed $236,570.00 (“RTD Funding”)for the term of this
Agreement (January 1, 2021 to December 31, 2021). RTD Funding does not include any
additional operating costs for services in excess of the Services as set out in Exhibit A,
including any special events and holidays. Under no circumstances will RTD be obligated
to pay more than the RTD Funding or for Services not actually provided by Englewood.
5. INVOICING AND PAYMENT.
A. Englewood will submit an invoice to RTD on a monthly basis requesting payment
of the RTD Funding. Unless otherwise agreed by the Parties, the invoice shall
include an itemized list of reimbursable operating expenses and a summary of
service hours, mileage, passenger boardings, origin and destination information, and
any other information that RTD otherwise reasonably requests, deducting the
amount for estimated farebox revenue per Exhibit B.
B. RTD will pay all approved invoices within thirty calendar (30) days after RTD has
received the invoice. If RTD does not approve an invoice from Englewood, RTD
will provide a written explanation of disputed items within ten (10) calendar days
after RTD has received the invoice.
6. RECORDS. Englewood, or its designated agent, will maintain full and complete financial
records for the provision of the Services. Such records shall include any financial
information to support and document the operating costs and revenues relating to the
Services and any other financial information specifically requested by RTD. Englewood,
or its designated agent, shall make these records available to RTD for audit for a period of
three (3) years after final payment under this Agreement. If applicable, National Transit
Database (“NTD”) data shall be kept in accordance with Federal Transit Administration
(“FTA”) requirements and shall be reported as part of RTD’s NTD submission.
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FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
ENGLEWOOD TROLLEY
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7. MARKETING.
A. The Services will not be designated, marketed, or promoted as an RTD-branded
service, except that Englewood shall allow RTD to display an appropriate RTD logo
stating that the Services are “in partnership with RTD” on all new vehicles used to
operate the Services and financially supported in part by RTD, if in the RTD
referenced area, through this Agreement. Costs for purchase, operations and
maintenance of vehicles for the Services are not included in the RTD Funding.
B. Englewood and/or its designated agent(s) will market the Services, and such
marketing will include but is not limited to developing a marketing plan and
implementing the plan. A marketing plan may include the following elements:
advertising, public relations, collateral materials, websites, coordination with other
transportation programs, outreach, and training. RTD will have the advance
opportunity to review and approve any marketing materials for the Services.
Marketing efforts are not included in the RTD Funding.
8. LIABILITY AND INSURANCE.
A. The Parties agree that RTD shall have no liability to third parties arising out of the
operations or management of the Services, or any other service operated, directly or
indirectly, by Englewood. This provision shall survive termination of this
Agreement.
B. Englewood and/or its designated agent(s) shall cause RTD and its officers and
employees to be named as additional insured on all insurance policies covering any
operations of the Services.
C. Without waiving the privileges and immunities conferred by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 et seq., each Party shall be
responsible for any claims, demands or suits arising out of its own negligence. It is
specifically understood and agreed that nothing contained in this section or
elsewhere in this Agreement shall be construed as an express or implied waiver by
either Party of its governmental immunity including limitations of amounts or types
of liability or the governmental acceptance by either Party of liabilities arising as a
result of actions which lie in tort or could lie in tort in excess of the liabilities
allowable under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et
seq.
D. Englewood and/or its designated agents(s) (for the purposes of insurance
collectively referred to as “Englewood” in Exhibit F) shall maintain in full force
and effect adequate insurance, in the amounts and coverages outlined in Exhibit F.
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9. TRANSIT EQUITY. RTD has established a Title VI Program. Englewood must adhere
to all conditions in Exhibit E.
10. GENERAL PROVISIONS.
A. Available Funding. This Agreement does not contain any multiple-fiscal year
financial obligations by RTD that extend beyond its current fiscal year. The financial
obligations of RTD under this Agreement shall be subject to and limited by the
appropriation of sufficient funds. RTD Funding for this Agreement, as set out in
Exhibit B, has been budgeted, authorized and appropriated by the RTD Board of
Directors only for the current fiscal year. Nothing herein obligates either Party to
budget, authorize or appropriate funds for any future fiscal year.
B. Other Sources of Funding. Nothing in this Agreement will prevent Englewood
from collecting contributions or fees from entities other than RTD to help defray
costs of providing the Service that are not subsidized by RTD under this Agreement,
except that RTD shall not be a party to any such third party arrangement.
C. Merger. This Agreement represents the entire agreement between the Parties with
respect to the subject matter hereof and all prior agreements, understandings or
negotiations shall be deemed merged herein. No representations, warranties,
promises or agreements, express or implied, shall exist between the Parties, except
as stated herein
D. Governing Law. This Agreement shall be interpreted and enforced according to the
laws of the State of Colorado, the ordinances of the City, the applicable provisions
of federal law, and the applicable rules and regulations promulgated under any of
them. Venue for any action hereunder shall be in Denver District Court, Colorado.
E. Communication and Notices. Any notices, bills, invoices or reports required by
this Agreement shall be sufficiently delivered if sent by the Parties in the United
States mail, postage prepaid, or by email to the Parties at the following addresses
specified on Exhibit C. The addresses or contacts may be changed by the Parties by
written notice to the other Party.
F. Term and Termination. This Agreement shall be deemed to have commenced on
January 1, 2021 and shall remain in effect until December 31, 2021 unless earlier
terminated in writing by the Parties or by court order. Unless otherwise agreed,
either Party may terminate this Agreement on sixty (60) calendar days’ written
notice. In the event of termination by RTD for any reason other than default, RTD
shall pay no more than the reimbursable costs of the Services up to the date of
termination. All provisions of this Agreement that provide rights or create
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ENGLEWOOD TROLLEY
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responsibilities for the Parties after termination shall survive termination of this
Agreement. Nothing herein obligates either Party to make funds available for the
Services in any future fiscal year, and nothing herein shall imply funding will be
renewed at the same or any level.
G. Amendment. The Parties may, by written agreement, amend this Agreement or the
Exhibits to account for changes in RTD Funding and service levels. Nothing herein
obligates either Party to make funds available other than as specifically provided in
the attached Exhibits, and nothing herein shall imply funding or service will be
renewed at the same or any level.
H. Authority. The Parties represent that each has taken all actions that are necessary
or that are required by its procedures, bylaws, or applicable law to legally authorize
the undersigned signatories to execute this Agreement on behalf of the Parties and
to bind the Parties to its terms.
I. No Effect on RTD Rights or Authority. Nothing in this Agreement shall be
construed to limit RTD’s right to establish routes or services or to perform any
functions authorized by C.R.S. § 32-9-101 et. seq.
J. Assignment. Other than as specifically provided herein, the Parties agree that they
will not assign or transfer any of their rights or obligations under this Agreement
without first obtaining the written consent of the other Party.
K. Prohibited Interests. No director, officer, employee, or agent of RTD shall be
interested in any contract or transaction with RTD except in his or her official
representative capacity unless otherwise provided by the RTD Code of Ethics.
L. Severability. To the extent that this Agreement may be executed and performance
of the obligations of the Parties may be accomplished within the intent of the
Agreement, the terms of the Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other terms or provision
hereof.
M. Waiver. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term, or the same term upon a subsequent breach.
N. No Third-Party Beneficiaries. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the Parties hereto, and
nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person under this Agreement. It is the express intention
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of the Parties to this Agreement that any person or entity other than the Parties
receiving services or benefits under this Agreement be deemed an incidental
beneficiary only.
O. Changes in Law. This Agreement is subject to such modifications as may be
required by changes in City, state or federal law, or their implementing regulations.
Any such required modification shall automatically be incorporated into and be part
of this Agreement on the effective date of such change as if fully set forth herein.
P. Status of Parties.
(1) The Parties agree that the status of each Party shall be that of an
independent contractor to the other, and it is not intended, nor shall it be
construed, that one Party or any officer, employee, agent or contractor of
such Party is an employee, officer, agent, or representative of the other
Party. Nothing contained in the Agreement or documents incorporated by
reference herein or otherwise creates any partnership, joint venture, or
other association or relationship between the Parties. Any approval,
review, inspection, direction or instruction by RTD or any party on behalf
of RTD shall in no way affect either Party’s independent contractor status
or obligation to perform in accordance with this Agreement. Neither Party
has authorization, express or implied, to bind the other to any agreements,
liability, nor understanding except as expressly set forth in this Agreement.
(2) RTD shall have no responsibility for any federal and state taxes and
contributions for Social Security, unemployment insurance, income
withholding tax, and other taxes measured by wages paid to employees of
Englewood and/or its designated agent(s). Englewood acknowledges that
it and its employees are not entitled to workers’ compensation benefits or
unemployment insurance benefits from RTD, unless Englewood or a third
party provides such coverage, and that RTD does not pay for or otherwise
provide such coverage. Englewood shall provide and keep in force
workers’ compensation (and provide proof of such insurance when
requested by RTD) and unemployment compensation insurance in the
amounts required by law, and shall be solely responsible for its own
actions, its employees and agents.
Q. Paragraph Headings. The captions and headings set forth in this Agreement are
for convenience of reference only and shall not be construed so as to define or limit
its terms and provisions.
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R. Counterparts. This Agreement may be executed in counterparts. Signatures on
separate originals shall constitute and be of the same effect as signatures on the same
original. Electronic and faxed signatures shall constitute original signatures.
WHEREFORE, the Parties have entered into this Agreement as of the Effective Date.
REGIONAL TRANSPORTATION
DISTRICT
By:
Debra A. Johnson
General Manager & CEO
CITY OF ENGLEWOOD
By:
[Name] [Title]
ATTEST:
Approved as to legal form for RTD:
Dana E. Steele
Senior Associate General Counsel
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Exhibit A
Description of the Services (2020)
Span of Service:
Weekday- 6:30 AM- 6:30 PM
Saturday- No service provided
Sunday- No service provided
Holidays- No service provided
Service Frequency:
Weekday every 15 minutes
Saturday- Not Applicable
Sunday- Not Applicable
Holidays- Not Applicable
Annual Revenue Hours:
Weekday- 6,189
Saturday- Not Applicable
Sunday- Not Applicable
Holidays- Not Applicable
Total 6,189
NOTE: Due to COVID-19, 2020 service levels have been used as a baseline for 2021.
Englewood will receive full funding unless service is reduced by more than 40% compared to the
2020 schedule outlined above as RTD Funding for January 1, 2021 to December 31, 2021 is
based on a 40% reduction in RTD Budgeted Funding compared to 2020.
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FUNDING AGREEMENT
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ENGLEWOOD TROLLEY
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Exhibit B
Description of the RTD Funding
RTD FUNDING. In support of the Services, as set out in Exhibit A, the RTD Funding is a
reimbursement of up to $236,570 for the period January 1, 2021 through December 31, 2021.
The cost per hour to operate the Service is $62.26 for 2021. RTD Funding is based on a 40%
reduction in RTD Budgeted Funding compared to 2020. Should the actual hours operated be
reduced by more than 40%, payment will be reduced accordingly.
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ENGLEWOOD TROLLEY
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Exhibit C
Communication and Notices – Contacts
For the City:
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, Colorado 80110
Attn:
For the RTD:
Regional Transportation District
1660 Blake Street
Denver, Colorado 80202
Attn: Fred Worthen
303.299.2842
Fred.Worthen@rtd-denver.com
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Exhibit D
Special Provisions
REPORTS. On a monthly basis Englewood and/or its representative will submit a report
to RTD providing a summary of Services. The Monthly Report must include the following:
(1) ridership by day, and hours operated and (2) the number passengers, wheelchairs and
bikes and (3) the number of days, hours and a monthly breakdown showing boardings per
hour and by day.
ADDITIONAL RECORD KEEPING AND REPORTING REQUIREMENTS. In
addition to the requirements set out in Section 6 of the Agreement, Englewood or its
designated agent will maintain and make available for RTD audit, records of passenger
boarding’s, passenger mileage, vehicle mileage, and any other information RTD requests.
Data required by NTD of Parties shall be kept in accordance with FTA requirements and
regulations.
MARKETING MATERIALS. Englewood will provide RTD with copies of any
proposed marketing materials for the Services. RTD will have 10 business days to review
any materials and provide comment to Englewood. Englewood will have final say on any
issues related to marketing materials or marketing plans.
DRUG AND ALCOHOL TESTING PROGRAM. Englewood shall require its
contractor providing the Services to establish and implement a drug and alcohol testing
program that complies with 49 C.F.R. Part 40 and Part 655, and permit any authorized
representative of the United States Department of Transportation or its operating
administrations, the State Oversight Agency of Colorado, or the Regional Transportation
District, to inspect the facilities and records associated with the implementation of the
drug and alcohol testing program as required under 49 CFR Part 40 and 655 and review
the testing process. Englewood further agrees to certify annually its compliance with Part
40 and 655 before December 31st of every year and to submit the Management
Information System (MIS) reports no later than February 15thof every year to the
Substance Abuse Testing Department, Regional Transportation District, 1660 Blake
Street, Denver, CO 80202. To certify compliance, Englewood will use the “Substance
Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal
Transit Administration Grants and Cooperative Agreements,” which is published
annually in the Federal Register.
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ENGLEWOOD TROLLEY
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Exhibit E
Transit Equity
Transit Equity
RTD has established a Title VI Program in pursuit of transit equity and compliance with Title VI
of the Civil Rights Act of 1964, 49 CFR Part 21, Executive Order 12898 (Environmental
Justice), and applicable requirements. The objectives of RTD’s Title VI Program include:
1. Ensure that the level and quality of public transportation service is provided in a
nondiscriminatory manner;
2. Promote full and fair participation in public transportation decision-making without
regard to race, color, or national origin;
3. Ensure meaningful access to transit-related programs and activities by persons with
limited English proficiency.
For the purposes of achieving these objectives, Englewood will be treated as an extension of
RTD for compliance with the objectives of Title VI.
Englewood agrees to operate its RTD funded services without discrimination based on race,
color, or national origin in accordance with RTD’s Title VI Program. Pursuant to compliance
with RTD’s Title VI Program, Englewood shall:
1. Post a notice regarding the RTD funded service containing the following language: This
service is funded in partnership with RTD. RTD operates its programs and services
without regard to race, color, and national origin in accordance with Title VI of the Civil
Rights Act of 1964. Any person who believes they have been subjected to unlawful
discrimination under Title VI may file a complaint with RTD.
To file a complaint or obtain more information regarding RTD’s complaint procedures,
visit https://www.rtd-denver.com/reports-and-policies/title-vi-policy, call 303-299-6000;
email titlevicomplaints@rtd-denver.com; or visit RTD’s administrative office at 1660
Blake Street, Denver, CO 80202.
a. Englewood must post a copy of this notice on their website and any vehicles of
services that are RTD funded.
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2. Notify RTD of any written complaints asserting discrimination based on race, color or
national origin involving RTD funded services within 15 calendar days of receipt.
Englewood shall comply with any investigations and requests for information regarding
complaints of discrimination.
Should RTD find that any practice, policy, or procedure of Englewood result in a discriminatory
outcome, RTD will provide specific instructions to Englewood on how corrective action shall be
taken.
Englewood is exempt from the RTD Title VI Program requirements if Englewood is a direct
recipient of federal financial assistance from the FTA. Englewood must annually submit a letter
indicating its direct recipient status to be held exempt from the Title VI Program requirements.
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Exhibit F
REGIONAL TRANSPORTATION DISTRICT
INSURANCE REQUIREMENTS
General
Englewood shall procure and maintain in full force and effect for the Contract period specified
herein, all insurance policies specified in this Exhibit. Englewood shall forward updated
certificates of insurance and endorsement(s) when policies are renewed or changed.
The insurance required hereunder shall not be interpreted to relieve Englewood of any obligations
under the Contract and liability of Englewood under this Exhibit shall not be limited to coverage
provided under said insurance policies. Englewood shall remain solely and fully liable for all
deductibles / Self Insured Retentions (SIR’s) and amounts in excess of the coverage actually
realized.
Commercial General Liability Insurance
Englewood shall provide and maintain Commercial General Liability Insurance (broad form
coverage) insuring against claims for bodily injury, property damage, personal injury and
advertising injury. By its terms or appropriate endorsements such insurance shall include the
following coverage: Bodily Injury, Property Damage, Fire Legal Liability (not less than the
replacement value of the portion of the premises occupied), Personal Injury, Blanket Contractual,
Independent Contractors, Premises Operations, Products and Completed Operations.
If Commercial General Liability Insurance or other form with a general aggregate limit is used,
either the aggregate limits shall apply separately to this project/location, or the general aggregate
limit will be twice the required occurrence limit.
Amount of Coverage: $1,000,000 per occurrence
$2,000,000 aggregate
Coverage must also include “Limited Pollution Liability Extension” (ISO CG 24 15 10 01)
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Automobile Liability Insurance
Englewood shall provide Automobile Liability Insurance insuring against claims for bodily injury,
property damage and physical damage, including Comprehensive and Collision, arising out of the
ownership, maintenance or use of all owned/leased as well as hired and non-owned vehicles
(Symbols 1, 8 and 9) used in the performance of the Work.
Amount of Coverage: $1,000,000 combined single limit
Worker’s Compensation and Employer Liability Insurance
Englewood shall provide Worker’s Compensation Insurance sufficient to meet its statutory
obligations to provide benefits for employees with claims of bodily injury or occupational disease
(including resulting death).
Englewood shall provide Employer Liability Insurance covering its legal obligation to pay
damages because of bodily injury or occupational disease (including resulting death) sustained
by an employee.
Amount of Coverage: $500,000 bodily Injury by accident
$500,000 bodily injury by disease
$1,000,000 policy limit
Umbrella/Excess Liability
Englewood shall provide Umbrella/Excess Liability insurance limits as follows:
Amount of Coverage: $1,000,000 per occurrence
$1,000,000 aggregate
This excess insurance shall be at least as broad as Englewood’s primary Commercial General
Liability, Commercial Auto Liability and Employer Liability insurance.
Endorsements, Waivers and Related Requirements
Prior to performing any Work, Englewood agrees to furnish RTD with a certificate of insurance
for each of Englewood’s policy(s). All insurance companies shall provide RTD with 30 days’
advance notice of cancellation of policy(s) by Registered or Certified mail. Certifications of
insurance shall be provided the Contract Administrator designed for Notices on the Contract
Award and Signature Page.
DocuSign Envelope ID: 782820CA-311F-4D28-AB69-DE508D757D6A
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
ENGLEWOOD TROLLEY
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All insurance policies required hereunder shall contain or be endorsed to contain the following
provisions:
1. For the insurance specified herein, RTD and its’ members, directors, officers,
employees and agents shall be named as an additional insured (except Worker’s
Compensation).
2. For claims covered by the insurance specified herein, said insurance coverage shall be
primary and non-contributory insurance with respect to the additional insured parties,
and their respective members, directors, officers, employees and agents.
3. The insurance specified herein shall contain a waiver of subrogation in favor of RTD
as set forth below:
All policies of insurance carried by Englewood pursuant to this Contract shall
expressly waive any right on the part of their insurer(s) against RTD and its’
members, directors, officers, employees and agents, which right, is hereby
expressly waived to the full extent permitted by law.
4. The insurance shall apply separately to each insured and additional insured party
against whom a claim is made or suit is brought, except with respect to the limits of
the insurer’s liability.
5. The amount of insurance must be “at least” equal to the limits of liability shown
herein.
Acceptable Insurance Company
The insurance company providing any of the insurance coverage required herein shall have at a
minimum an AM Best Key Rating of A-, with a Financial Strength of VII or higher, (i.e., A VII,
A VIII, A IX, A X, etc.) or equivalent from similar rating agency and shall be subject to approval
by RTD. Each insurance company’s rating as shown in the latest AM Best Key Rating Guide shall
be fully disclosed and entered on the required certificate of insurance.
Premiums, Deductibles and Self-Insured Retentions
Englewood shall be responsible for payment of premiums for all of the insurance coverages
required hereunder. Englewood further agrees that for each claim, suit or action made against
insurance provided hereunder, with respect to all matters for which the Englewood is responsible
hereunder, Englewood shall be solely responsible for all deductibles and self-insured retentions.
Any deductibles or self-insured retentions over $25,000 in the Englewood’s insurance must be
declared and approved in writing by RTD. To apply for approval for a level of retention in excess
of $25,000 Englewood shall notify RTD of the level of retention and provide a current financial
statement, if not previously submitted, documenting the ability to pay claims falling within the
DocuSign Envelope ID: 782820CA-311F-4D28-AB69-DE508D757D6A
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
ENGLEWOOD TROLLEY
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stated self-insured retention. If RTD does not approve Englewood’s self-insured retention,
Englewood shall, at the option of RTD, either: (i) cause the insurer to reduce or eliminate such
self-insured retention as respects this contract with RTD; or (ii) procure a bond guaranteeing
payment of losses and related investigations, claims administration and defense expenses.
Certificate of Insurance
Englewood will deliver to RTD a certificate of insurance with respect to each required policy to
be provided by the Englewood. The required certificates must be signed by the authorized broker
or agent representative of the insurance company shown on the certificate, and authorized to bind
the named underwriter(s) and their company to the coverage, limits and termination provisions
shown thereon. All endorsements, outlined and required herein, shall be attached to the certificates
of insurance when submitted to RTD. A certified, true and exact copy of each insurance policy
(including renewal policies) required under this contract shall be provided to RTD if so requested.
Renewal Policies
Englewood shall promptly deliver to RTD a certificate of insurance with respect to each renewal
policy as necessary to demonstrate the maintenance of the required insurance coverage for the
terms specified herein. Such certificate shall be delivered to RTD not less than 15 days prior to the
expiration date of any policy.
Cancellation and Modification of Insurance Coverages
Englewood shall be responsible to immediately notify RTD in writing of any changes or
cancelations of its insurance, or may be found in breach of the Contract and the Contract could be
terminated. This notice requirement does not waive the insurance requirements contained herein.
No Recourse
There shall be no recourse against RTD for the payment of premiums or other amounts with respect
to the insurance required from Englewood.
Failure to Provide or Maintain Insurance Coverages
Englewood’s failure to provide or maintain any of the insurance coverage required herein shall
constitute a breach of the Contract. In addition to the remedies that RTD may have under the
insurance specified herein, RTD may take whatever action is necessary to maintain the current
policies in effect (including the payment of any premiums that may be due and owing by
Englewood or procure substitute insurance. Englewood is responsible for any costs incurred by
DocuSign Envelope ID: 782820CA-311F-4D28-AB69-DE508D757D6A
FUNDING AGREEMENT
FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
ENGLEWOOD TROLLEY
Page 19 of 19
RTD in maintaining the current insurance coverage in effect, or providing substitute insurance,
and such costs may be deducted from any sums due and owing the Englewood.
DocuSign Envelope ID: 782820CA-311F-4D28-AB69-DE508D757D6A