HomeMy WebLinkAbout2017 Ordinance No. 009,
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ORDINANCE NO. 9
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING A THIRD 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; and
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. 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; and
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; and
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 ; and
WHEREAS, the passage of this ordinance allows for a simple Third Amendment to the
IGA stipulating the new funding amounts since all other provisions of the IGA will not
change;and
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 far service rather than that free
service fares that would have been collected had the shuttle operated as a fare service
rather than free service; and
WHEREAS, for calendar year 2017, the estimated lost fare amount equals $65,084,
which has been budgeted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
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Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Third amendment to the IGA entitled "Third 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 21st day of February,
2017.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23rd
day of February, 2017.
Published as a Bill for an Ordinance on the City's official website beginning on the
22nd day of February, 2017 for thirty (30) days.
Read by Title and passed on final reading on the 6th day of March, 2017.
Published by Title in the City's official newspaper as Ordinance No. 9, Series of
2017, on the 9th day of March, 2017 .
Published by Title on the City's official website beg·
March, 2017 for thirty (30} days.
I, Stephanie Carlile, Acting 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. 9, Series of 2017 .
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THIRD AMENDMENT TO FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL
TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE)
This Third Amendment to FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL
TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) ('•Third Amendment")
is hereby made by and between the Regional Transportation District ( .. 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 an agreement entitled FUNDING
AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHUTTLE) dated April 4, 2014 ('·Agreement");
B. Section 1 O.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. The Parties executed the First Amendment to the Agreement dated February 19, 2015, in
order to provide the RTD Funding for 2015; and the Second Amendment dated April 13, 2016 in
order to provide funding for 2016.
D. In accordance with Section 1 O.H, RTD and LOCAL ENTITY now desire to amend the
Agreement in order to provide the RTD Funding for 2017.
Now, therefore, the Parties agree as follows:
AGREEMENT
1. Except as otherwise stated herein, all initially 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 th is
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 .
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IN WITNESS WHEREOF, the Parties have duly executed this Amendment to the Agreement.
CITY OF ENGLEWOOD
By: __________ _
Joe Jefferson
Mayor
Date: _________ _
ATTEST:
By: _________ _
Loucrishia A. Ellis
City Clerk
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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
REVISED EXHIBIT B
DESCRIPTION OF THE RTD FUNDING
Expenses-January 2017 -December 2017
art operating hours expense-6096 hours @ $55.25 per hour
art fuel expenses
Total Expenses
$ 336,804
$ 39.636
$ 376,440
Estimated Farebox Revenue-January 2017 -December 2017
Estimated Farebox Revenue* $ 65,084
* Because the City offers the art as a fare-free service, Estimated Farebox Revenue is based upon
a survey perfonned 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*
$376,440 (Expenses)
$ 65.084 (Estimated Farebox Revenue)
RTD Funding $311,356
*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.
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~Eriglewood
TO:
FROM:
Mayor and Council
Harold Stitt
DEPARTMENT: Community Development
DATE: March 6, 2017
COUNCIL
COMMUNICATION
SUBJECT: IGA Amendment for Art Shuttle Cost Sharing
DESCRIPTION:
IGA Amendment for Art Shuttle Cost Sharing
RECOMMENDATION:
Staff recommends Council adopt an Ordinance authorizing the Third Amendment to the
Intergovernmental Agreement between the City of Englewood and the Regional Transportation
District (RTD) for cost sharing for operation of the Art Shuttle for 2017 .
PREVIOUS COUNCIL ACTION:
Council approved an Intergovernmental Agreement (IGA) between the City and the Regional
Transportation District (RTD) for funding of the Englewood Circulator Shuttle by Ordinance 50,
Series of 2004, by Ordinance 66, Series of 2007, by Ordinance 10, Series of 2008, by
Ordinance 8, Series of 2009, by Ordinance 4, Series of 2010, Ordinance 5, Series of 2011, by
Ordinance 9, Series of 2012, by Ordinance 3, Series of 2013, by Ordinance 10, Series of 2014,
by Ordinance 5, Series of 2015, and by Ordinance 12, Series of 2016. Council approved
Council Bill 8 on first reading on February 21, 2017.
Council approved by Motion, in August 2004, a contract for transit services with Laidlaw Transit
Services and subsequently extended this contract by Resolution No. 87, Series of 2005, by
Resolution No. 77, Series of 2006, by Motion on December 3, 2007, by Motion on March 3 ,
2008, by Motion on April 6, 2009. Council approved by Motion on December 21 , 2009, a
contract for transit services with MV Transportation, Inc., and subsequently extended this
contract by Motion on February 22, 2011, by Motion on March 5, 2012, by Motion on February
4, 2013, by Motion on March 17, 2014, by Motion on February 2, 2015, and by Motion on March
14, 2016.
ANALYSIS:
In 2014, RTD added a provision to their standard Intergovernmental Agreement that provides
for either party to amend the agreement (Paragraph 1 OH). For 2017 as in 2015 and 2016, this
allows for a simple amendment to the JGA stipulating the new funding amounts since all other
provisions of the IGA will not change. Under this third amendment, the shuttle will continue to
provide the current level of service operating every 15 minutes, Monday through Friday, 6:30
AM to 6:30 PM. RTD will reimburse the City 100% of all net operating costs as set forth in
Exhibit B of the IGA less estimated farebox revenue. Net operating expenses exclude
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administrative costs, marketing and promotional materials cost. The total budget for 2017
shuttle operations as proposed by RTD is $376,440 composed of operating expenses of
$336,804 and estimated fuel costs of $39,636.
As with the prior agreements, the City will also provide fuel to reduce costs by eliminating state
and federal gasoline taxes. The City will reimburse RTD an amount equal to the farebox
revenue that would have been collected had the shuttle operated as a fare service rather than
free service. The amount of the compensation was determined through a survey of riders
conducted in October 2016. The survey results indicated the number of riders that did not have
a bus pass or transfer and would be subject to the standard, reduced senior or student fare,
which is the basis for the farebox revenue calculation. For calendar year 2017, total program
cost is $376,440 of which the City's portion or estimated farebox revenue amount is $65,084
and RTD's portion is $311,356.
FINANCIAL IMPLICATIONS:
RTD will reimburse the City for all contract and fuel costs less the farebox revenue fare amount.
For the contract period the estimated farebox revenue amount is $65,084 and is included in the
approved 2017 Community Development Department budget. The IGA provides a significant
portion of the financial resources necessary to continue the same level of service, operating
Monday through Friday, 6:30 am to 6:30 pm at no cost to riders.
ATTACHMENTS:
Art Shuttle THIRD AMENDMENT For 2017
Monthly ridership 2010-2017
CB 8 IGA Art Shuttle
Page 7 4 of 368
THIRD AMENDMENT TO FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL
TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE)
This Third Amendment to FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL
TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) ("Third Amendment")
is hereby made by and between the Regional Transportation District ("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 an agreement entitled FUNDING
AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES
(ENGLEWOOD art SHUTTLE) dated April 4, 2014 ("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. The Parties executed the First Amendment to the Agreement dated February 19, 2015, in
order to provide the RTD Funding for2015; and the Second Amendment dated April 13, 2016 in
order to provide funding for 2016.
D. In accordance with Section 10.H, RTD and LOCAL ENTITY now desire to amend the
Agreement in order to provide the RJ"D Funding for 2017.
Now, therefore, the Parties agree as follows:
AGREEMENT
I. Except as otherwise stated herein, all initially 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,
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IN WITNESS WHEREOF, the Parties have duly executed this Amendment to the Agreement.
CITY OF ENGLEWOOD
By: ________ _
Joe Jefferson
Mayor
Date: _________ _
ATTEST:
By: ________ _
Loucrishia A. Ellis
City Clerk
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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 76 of 368
REVISED EXHIBIT B
DESCRIPTION OF THE RTD FUNDING
Expenses-January 2017 -Decem her 2017
art operating hours expense-6096 hours@ $55.25 per hour
art fuel expenses
Total Expenses
$ 336,804
$ 39,636
$ 376,440
Estimated Farebox Revenue-January 2017 -December 2017
Estimated Farebox Revenue• $ 65,084
• Because the City offers the art as a fare-free service, Estimated Farebox Revenue is based upon
a survey perfonned in October 20 I 6 by RTD that detennined 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•
$376,440 (Expenses)
$ 65,084 {Estimated Farebox Revenue}
RTD Funding $311,356
*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.
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• art Shuttle Ridership Report
2010 Ridership 2014 Ridership
Month Ridership Total Average Month Ridership Total Average
January-10 12,131 12,131 12,131 January-14 14,803 14,803 14,803
February-10 12,654 24,785 12,393 February-14 13,952 28,755 14,378
March-10 14,672 39,457 13,152 March-14 14,494 43,249 14,416
April-10 14,253 53,710 13,428 April-14 15,239 58,488 14,622
May-10 13,047 66,757 13,351 May-14 13,611 72,299 14,460
June-10 14,717 81,474 13,579 June-14 14,245 66,544 14,424
July-10 13,876 95,350 13,621 July-14 15,379 101,923 14,560
August-10 15,804 111,154 13,894 August-14 14,467 116,390 14,549
September-10 15,616 126,770 14,086 September-14 15,070 131,460 14,607
October-10 14,852 141,622 14,162 October-14 15,149 146,609 14,661
November-10 14,043 155,665 14,151 November-14 12,111 158,720 14,429
December-I 0 15,390 171,055 14,255 December-14 13,629 172,349 14,362
2011 Ridership 2015 Ridership
Monlh Ridership Total Average Month Ridership Total Average
January-11 14,863 14,863 14,663 January-15 12,722 12,722 12,722
Februa ry-11 14,325 29,186 14,594 Februa ry-15 12,961 25,683 12,642
March-11 16,934 46,122 15,374 March-15 14,454 40,137 13,379
April-11 16,081 62,20] 15,551 April-15 14,264 54,401 13,600
May-11 15,547 77,750 15,550 May-15 12,678 67,279 13,456
June-11 16,832 94,562 15,764 June-15 14,369 81,648 13,608
July-11 15,277 109,859 15,694 July-15 14,014 95,662 13,666
August-11 17,461 127,320 15,915 August-15 13,653 109,315 13,664
September-11 16,223 143,543 15,949 September-15 14,220 123,535 13,726
October-11 15,660 159,203 15,920 October-15 14,378 137,913 13,791
November-11 15,494 174,697 15,862 November-15 12,841 150,754 13,705 • Oecember-11 15,010 189,707 15,809 December-15 12,706 163,460 13,622
2012 Ridership
Monlh
2016 Ridership
Month Ridership Total Average Ridership Total Average
January-12 14,892 14,892 14,892 January-16 12,728 12,728 12,728
February-12 15,379 30,271 15,136 February-16 13,666 26,414 13,207
March-12 16,637 46,906 15,636 March-16 14,519 40,933 13,644
April-12 15,575 62,483 15,621 April-16 13,636 54,569 13,642
May-12 16,576 79,059 15,812 May-16 13,226 67,797 13,559
June-12 16,324 95,383 15,697 June-16 13,990 81,767 13,631
July-12 15,782 111,165 15,881 July-16 12,369 94,156 13,451
August-12 17,802 128,967 16,121 August-16 14,398 106,554 13,569
September-12 14,345 143,312 15,924 September-16 13,143 121,697 13,522
October-12 17,322 160,634 16,063 October-16 12,965 134,662 13,466
November-12 15,384 176,018 16,002 November-16 13,104 147,766 13,433
December-12 14,208 190,226 15,852 December-16 13,190 160,956 13,413
Month
2013 Ridership
K1dersh1p lotal Average Month
2017 Ridership
K1dersn1p IOtal Average
January-13 15,337 15,337 15,337 January-17 12,991 12,991 12,991
February-13 14,354 29,691 14,846 February-1 7
March-13 17,024 46,715 15,572 March-17
April-13 15,202 61,917 15,479 April-17
May-13 15,564 77,481 15,496 May-17
June-13 13,905 91,386 15,231 June-17
July-13 14,914 106,300 15,186 July-17
August-13 16,308 122,608 15,326 August-17
September-13 14,523 137,131 15,237 September-17
October-13 16,012 153,143 1 S,314 October-17
November-13 13,827 166,970 15,179 November-17
December-13 14,180 181,150 15,096 December-1 7
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