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Home My WebLink About2016 Ordinance No. 012• ORDINANCE No./?- SERIES OF 2016 BY AUTHORITY COUNCll, Bll,L NO. 10 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING A SECOND 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 bas approved Intergovernmental Agreements (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle from 2004 through 2014; 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. S, Series of2015; 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 1 OH), for 201 S. The passage of this ordinance allows for a simple Second 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 local fares that would have been collected had the shuttle operated as a fare service rather than free service; and WHEREAS, for calendar year 2016, the estimated lost fare amount equals $79,531, which has been budgeted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll, OF THE CITY OF ENGLEWOOD, COLORADO, TIIAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the 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, 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 16th day of February, 2016. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th day of February, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of February, 2016 for thirty (30) days. Read by title and passed on final reading on the 14th day of March, 2016. Published by title in the City's official newspaper as Ordinance No.~ Series of 2016, on the 17th day of March, 2016. Published by title on the City's official website beginning on the 16tll day of March, 2016 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is~ true copy of the Ordinance passed on final reading and published by title as Ordinance No/~, Series of 2016. • • • SECOND AMENDMENT TO FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTI'LE) This Second Amendment to FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) ("Second Amendment'1 is hereby made by and between the Regional Transportation District ("RTD'1 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 provid~ the RTD Funding for 2015; and D. In accordance with Section 10.H, RTD and LOCAL ENTITY now desire to amend the Agreement in order to provide the RTD Funding for 2016. 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 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 of3 I! X H I a I ' T A REVISED EXHIBIT B DESCRIPTION OF THE RTD FUNDING Expenses-January 2016-December 2016 art operating hours expense-6144 hours@43.43 per hour art fuel expenses Total Expenses $ 266,834 S 48.519 $ 315,353 Estimated Farebox Revenue-J anwu:y 2016 -December 2016 Estimated Farebox Revenue• $ 79,531 • Because the City offers the art as a fare-free service, Estimated Farebox Revenue is based upon a survey performed in October 2015 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. R 1D Funding• $315,353 (Expenses) $ 79.531 (Estimated Farebox Revenue) RTDFunding $235,822 *The R1D 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. Page3 of3 COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 14, 2016 9biii IGA Amendment for Art Shuttle Cost Sharing-2nd Reading Initiated By: Staff Source: Community Development Department Harold J. Stitt, Senior Planner 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 1 O, 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, and by Ordinance 5, Series of 2015 . 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, and by Motion on February 2, 2015. RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance, on second reading, authorizing the Second 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 2016. BACKGROUND AND ANALYSIS In 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend the agreement (Paragraph 10H). For 2016 as in 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 . Under this second 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 fare box revenue. Net operating expenses exclude administrative costs, marketing and promotional materials cost. The total budget for 2016 shuttle operations as proposed by RTD is $315,353 composed of operating expenses of $266,834 and estimated fuel costs of $48,519. As with prior agreements, the City will also provide fuel to eliminate state and federal gasoline taxes, reducing fuel costs. 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 that free service. The amount of the compensation was determined through a survey of riders conducted in October 2015. The survey results indicated the number of riders that did not have a