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Home My WebLink About2019 Ordinance No. 025ORDINANCE NO. 25 SERIES OF 2019 BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING A FIFTH AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMENDING THE ENGLEWOOD TROLLEY 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 JOH), 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 of2015; 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 JOH), 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 of2016; 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 of2017; WHEREAS, the Englewood City Council authorized a Fourth Amendment to the IGA entitled "Fourth amendment to the intergovernmental agreement amending the "Art" Shuttle cost sharing intergovernmental agreement between the Regional Transportation District and the City of Englewood by the passage of Ordinance No. 4, Series of2018; WHEREAS, the passage of this ordinance allows for a simple Fifth 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 fare box revenue that would have been collected had the trolley operated as a fare service rather than a free service; and WHEREAS, for calendar year 2019 , the estimated amount eq ual to the fare box revenue that woul d have been collected had th e trolley operated as a fare service eq ual s $75 ,000.00 which the City includ ed in its annual bud get.. OW, THEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . The C ity Council of the C ity of Englewood, Colorado hereby a uthori zes the Fifth amendment to the IGA e ntitled "Fifth Amendment to Funding Agreement for RTD Fund in g of Loca l Trans portatio n Services (Eng lewood Art S huttl e)" between the R egio na l Transportation District (RTD) and the City of E ng lewood, Colorado, as attached he reto as Exhibit A , wh ic h is unchanged fro m th e 2018 IGA between the two parties except for th e new fundin g amounts. Section 2. The Mayor and C ity C lerk are autho ri zed to execute and attest said Inte rgovernm e ntal Agreement for and o n behalf of the C ity of E ng lewood. Introduced, read in fu ll , and passed o n first reading o n th e 20th day of May, 2019. Publis hed by Title as a Bill for an Ordinance in th e City 's offic ial news paper on the 2Jtd day of May, 2019. Publis hed as a Bill for an O rdinance on the C ity's official website beg inni ng o n the 22nd day of May, 2019 fo r thirty (30) days. Read by Title and passed o n final reading o n th e I 0 th day of June, 20 19. Publis hed by Title in the C ity's official newspaper as Ord in ance No. 25 , Seri es of 2019, o n the 13th day of June, 2019. Published by title on the C ity 's offic ia l webs ite beginning on the 12th day o f June, 2019 fo r thirty (30) days. This Ordinance shall take effect thirty (30) days after publi ATTEST: I, Stephanie Carlile , C ity C lerk of the City of Eng lewood , Colorado, he re by certify that th e above and forego in g is a true copy of the O rdinance passed o n final readin nd publis hed by Title as Ordinance No. 25 , Series of2019. FIFfH AMENDMENT TO FUNDING AGREEMENT FOR RTD FUNDING OF L(;>CAL TRANSPORTATION SERVICES (ENGLEWOOD ar~ SIIUl'TLE) This Fifth Amendment to FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) ("Fifth Amendment") is hereby made by and between the Regional Transportation Di.strict ("RTD") and CITY OF ENGLEWOOD ("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 R:J'D FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) 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, the Third Agreement dated April 12, 2017 in order to provide RTD Funding for 2017 and the Fourth Agreement dated May 7, 2018 inorder to provide RTD Funding for 2018 (collectively, the "Agreement"); B. Section I 0.H of the Agreement provides that the Parties may amend the Agreement to account for changes in the R:rD 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 RTD Funding for 2019. Now, therefore, the Parties agree as follows: AGREEMENT 1. 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 Fifth Amendment and the Agreement, the terms of this Amendment shall control. As modified by this Fifth Amendment, the Agreement shall remain in full force and effect. 2. . The title of the Agreement is renamed FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD TROLLEY) dropping the "art shuttle" reference to reflect the current services provided by LOCAL ENTITY. 3. Exhibits A, B, C and D of the Agreement are stricken and replaced with the revised Exhibits A, B, C and D which are attached to this Fifth Amendment and incorporated by reference herein. 4. This Fifth Amendment shall become effective upon the last date executed by all Parties. Page 1 of 6 Fifth Amendment to Funding Agreement between RTD and the City of Englewood .IN WITNESS WHEREOF, the Parli~s have duly executcil this Fifth Arileiulmentto the . . . ' ' . . . . Agl'.eemimt. ~ITY OF ENGLEWOOD ~'i$; PIBTIUCT David A. Oenova General M~age1 & CEO . Date: . . 3/-Z, 5 :/J . ~ APPROVED AS TO LEGAL FORM for RTD: .: ~·✓ Dana Steele -· Associate General. Counsel ·-· . . . ·,, .. Page 2 of 6 Fifth Amendment to Funding Agreement betlveen .RT)) and the City of Englewood Span of Service: Weekday- Saturday- Sunday- Holidays- Service Frequency: Weekday Saturday- Sunday- Holidays- Annual Revenue Hours: Weekday0 Saturday- Sunday- Holidays- Total REVISED EXHIBIT A Description of the Services 6:30 AM-8:00 PM No service provided No service provided No service provided every 15 minutes Not Applicable Not Applicable Not Applicable 6,885 Not Applicable Not Applicable Not Applicable 6,885 Page 3 of 6 Fifth Amendment to Fnnding Agreement between RTD and the City of Englewood REVISED EXHIBIT B DESCIUPTIQN OJJ THI: R.TD FUND:q,JG Expenses-January 2019 -December 2019 Trolley operating hours expense-6885 hours @ s1:9s pet hour Trolley fuel expensi;s Total Expenses · $ 399,192 $ 30,400 $ 429,592 Estimated Farebox Revenue-January 2019 -December 2019· Estimated.Farebox Revenue* $ 75,000 !I< Because the City offers the troiley as a fare-free service:Estimated Farebox Revenue is based upon a survey performed in October 2018 by RTD that determined the averiige fare that would have been collected had the City charged RTD's local fare for the trolley service, and using the Operating Parameters set out in Exhibit A. · RTD Funding* $429,592 (Expenses) $ 75,000 (Estimated Farebox Revenue) RTDFunding $354,592 *The RTD Funding is calculated as the Net Cost of operating the·trolley Service up to the amount set out above; Net Cost is calculated as Expenses (all operating costs for !he trolley inclu(,ling fuel but not administrative costs) less Estimated Farebox; Reyeime, Page 4 of 6 Fifth Amendment to Funding Agreement between RTD and the City of Englewood For the City: City of Englewood REVISED EXHIBIT C Communication and Notices -Contacts Community Development Department 1000 Englewood Parkway Englewood, Colorado 80110 Attn: Wade Burkholder 303.762.2341 FortheRTD: Regional Transportation District 1660 Blake Street Denver, Colorado 80202 Attn: Fred Worthen 303.299.2839 Page 5 of 6 Fifth Amendment to Funding Agreement between RTD and the City of Englewood ... REVISED EXHIBIT D . Speciall'rcivisions , · -:-t ' DRUG AND ALC:OlIOL 0 TE_S'.].'IN,G PJ.tOGRAM. The Loi:al Entity silall require its · . · conh'.!lct~r. pi:oyi\ljng the Services (o es!ablish and implement a drug an:ci alcohol testing pfograin 'that C9mpJies with 49 C.F~R. Parl40 itnd Pat:( 6?5, and pdffnit ah)' authorized f"Ptesentative' of the United States Department ofTrimsportation ot its operating administrations, the State . -.. . . Oversight Agency ofet>lorado, or the Region!\I '.['ransporiaiion Pistrjct, to inspect the fa9ilitjes an:cl records assoc;iate_cl with the in,iplementation of t11e drug and alcohol testjng program as .. --· . · • required \!llder 49 CFRPart 49 and 655 and review the testing process. The Ll>ail Entity further agr~es to certify annually its compliarice with Part 40 and 655 before December 31st ofev¢rY year an~ tc;, submit_ the Management Information System (MiSH"Ports no 'later than ·February ' th . . . . ' ' ,·· . . ' ' ' '· . . ' . . . . . ' ' ., ' ... -15 of every yearfo tlie Substance .A,b11se· T~ting D"Piµ11µent, Regional Transportation Disirlct,166!) I3lake Street, Denver, CO 80202. To certify compJiance, the Local Entity wiil use the "Substance Abuse Certifications" in the "Amiual List of Certifications and Assurances for Federal Tran~it Ad~inistration Gliints and Cooperative Agreements,'' which is p11blished . ithnualiy in the Federal Register. • •· .' · · . · ' . · . . · · . . · . . ' . . -' . ' Page 6 of.6 Fift!l Amendment to li'unl;lmg Agreem~nt be~een RTD and ·the City of Englewood