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Home My WebLink About2018 Ordinance No. 004ORDINANCE NO. 4 SERIES OF 2018 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING A FOURTH AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMENDING THE "ART" SHUTTLE COST SHARING INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD. WHEREAS, Council has approved Intergovernmental Agreements (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle from 2004 through 2016; WHEREAS, in 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend only the financial commitment under the agreement (Paragraph 1 OH), for 2015. This allows for a simple amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change, which the Englewood City Council authorized by the passage of Ordinance No. 5, Series of 2015; WHEREAS, in 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend only the financial commitment under the agreement (Paragraph 10H), for 2015; WHEREAS, the Englewood City Council authorized a Second Amendment to IGA entitled "Funding Agreement for RTD Funding of Local Transportation Services" (Englewood Art Shuttle) between the Regional Transportation District (RTD) and the City of Englewood, Colorado by the passage of Ordinance No. 12, Series of 2016; WHEREAS, the Englewood City Council authorized a Third Amendment to the IGA entitled "Funding Agreement for RTD Funding of Local Transportation Services" (Englewood Art Shuttle) between the Regional Transportation District (RTD) and the City of Englewood, Colorado by the passage of Ordinance No. 9, Series of 2017; WHEREAS, the passage of this ordinance allows for a simple Fourth Amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change; WHEREAS, the City will reimburse RTD in an amount equal to the firebox revenue that would have been collected had the shuttle operated as a fair service rather than a free service; and WHEREAS, for calendar year 2018, the estimated lost fare amount equals $XXX,XXX which has been budgeted . 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 Fourth amendment to the IGA entitled "Fourth Amendment to Funding Agreement for RTD Funding of Local Transportation Services (Englewood Art Shuttle)" 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 March, 2018. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22 nd day of March, 2018. Published as a Bill for an Ordinance on the City's official website beginning on the 21 st day of March, 2018. Read by Title and passed on final reading on the 2 nd day of April, 2018. Published by Title in the City's official newspaper as Ordinance No. 4, Series of 2018, on the 5th day of April, 2018. Published by title on the City's official website beginning on the 4 th day of April, 2018 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Rita Russell, Mayor Pro Tern ATTEST: 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. 4, Series of 2018. Exhibit A FOURTH AMENDMENT TO FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD TROLLEY) This Fourth Amendment to FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD TROLLEY) ("Fourth Amendment") is hereby made by and between the Regional Transportation District ("RTD") and CITY OF ENGLEWOOD f'LOCAL ENTITY"). RTD and LOCAL ENTITY also may be referred to herein as a "Party" or collectively as the "Parties." RECITALS A. RTD and LOCAL ENTITY entered into a FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD TROLLEY) dated April 4, 2014, which the Parties subsequently amended by the First Amendment dated February 19, 2015 in order to provide RTD Funding for 2015, the Second Amendment dated April 13, 2016 in order to provide RTD Funding for 2016, and the Third Agreement dated April 12, 2017 in order to provide RTD Funding for 2017 (collectively, the '·Agreement''); B. Section 10.H of the Agreement provides that the Parties may amend the Agreement to account for changes in the RTD Funding by a written agreement; C. In accordance with Section IO.Hof the Agreement, RTD and LOCAL ENTITY now desire to amend the Agreement in order to provide the RTD Funding for 2018. Now, therefore, the Parties agree as follows: AGREEMENT I. Except as otherwise stated herein, all capitalized terms shall have the same meaning as set forth in the Agreement. If there is any conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. As modified by this Amendment, the Agreement shall remain in full force and effect. 2. Exhibit B of the Agreement is stricken and replaced with the revised Exhibit B, which is attached hereto and incorporated by reference herein. 3. This Amendment shall become effective upon the last date executed by all Parties. Page 1 of 3 Fourth Amendment to Funding Agreement between RTD and the City of Englewood IN WITNESS WHEREOF, the Parties have duly executed this Fourth Amendment to the Agreement. CITY OF ENGLEWOOD By: __________ _ Rita Russell Mayor Pro Tern Date: _________ _ ATTEST: By: _________ _ Stephanie Carlile City Clerk REGIONAL TRANSPORTATION DISTRICT By: _________ _ David A. Genova General Manager & CEO Date: _________ _ APPROVED AS TO LEGAL FORM for RTD: By: _______ _ Lori L. Graham Associate General Counsel Page 2 of3 Fourth Amendment to Funding Agreement between RTD and the City of Englewood REVISED EXHIBIT B DESCRIPTION OF THE RTD FUNDING Expenses-January 2018 -December 2018 art operating hours expense-6120 hours @ 56.5 7 per hour art fuel expenses Total Expenses $ 346,208 $ 40,000 $ 386,208 Estimated Farebox Revenue-January 2018 -December 2018 Estimated Farebox Revenue* $ 65,084 * Because the City offers the art as a fare-free service, Estimated Farebox Revenue is based upon a survey performed in October 2016 by RTD that determined the average fare that would have been collected had the City charged RTD's local fare for the art service, and using the Operating Parameters set out in Exhibit A. RTD Funding* $386,208 (Expenses) $ 65.084 (Estimated Farebox Revenue) RTD Funding $321,124 *The RTD Funding is calculated as the Net Cost of operating the art service up to the amount set out above. Net Cost is calculated as Expenses (all operating costs for the art including fuel but not administrative costs) less Estimated Farebox Revenue. Page 3 of 3 Fourth Amendment to Funding Agreement between RTD and the City of Englewood