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HomeMy WebLinkAbout2013 Ordinance No. 003• • • ORDINANCE NO . .3 • SERIES OF 2013 CONT~CT, NO, q 5 -c:7() \3 BY AUTHORITY COUNCIL BILL NO . 1 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT 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. WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for 2004-2007 by the passage of Ordinance No. 50, Series of 2004; and WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for September 10, 2007 through December 31, 2007 by the passage of Ordinance No. 66, Series of 2007; and WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2008 through December 31, 2008 by the passage of Ordinance No. 10, Series of 2008 ; and WHEREAS, the Englewood City Council approved an Intergovernmental Agreement between RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2010 through December 31 , 2010 by the passage of Ordinance No. 4, Series of 201 O; and WHEREAS, the Englewood City Council approved an Intergovernmental Agreement b etween RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2011 through December 31 , 2011 by the passage of Ordinance No.5, Series of 2011; and WHEREAS , the Englewood City Council approved an Intergovernmental Agreement between RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for January 1, 2012 through December 3 1, 2012 by the passage of Ordinance No. 9, Series of 2012 ; and WHEREAS, this service provides mobility and access to the commercial areas in and around the vicinity of the CityCenter Englewood light rail station, downtown Englewood and the Swedish/Craig Medical Center; and WHEREAS, the passage of this proposed Ordinance will provide the same level of service for the calendar year 2013 ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 9 bi Section 1. The City Council of the City of Englewood, Colorado hereby authorizes 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, as attached hereto as Exhibit 1. 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 22nd day of January, 2013. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 25 th day of January, 2013. Published as a Bill for an Ordinance on the City's official website beginning on the 23 rd day of January, 2013 for thirty (30) days . Read by title and passed on fmal reading on the 4th day of February, 2013. Published by title in the City 's official newspaper as Ordinance No. 3 , Series of 2013, on the 8th day of February, 2013. Published by title on the City's official website beginning on the 6th day of February, 2013 for thirty (30) days. . Penn, Mayor 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 fmal reading and published by title as Ordinance No. :.L, Series of 2013. • • • • • • FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) This Funding Agreement for RTD Funding of Local Transportation Services (Englewood art Shuttle) ("Agreement") is made this ___ day of _________ , 2013, .between th e 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 s eq., ("RTD") and the City of Englewood, Colorado, a Colorado home rule city ("Local Entity"). The Local Entity 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 ma ss transportation system for the benefit of the inhabitants of its District, as defined by the RTD Act. B. C. Pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a), and C .R.S . §§ 29-1-203 et seq., both RTD and the Local Entity may cooperate or contract with each other to provide any function, service, or facility lawfully authorized to each, and any such confract may provide for sharing of costs . RTD cunently operates a variety of fixed-route bus, light rail, and other tran sit services in and around the Local Entity. D. The Parties agree that the transit services described in Exhibit A ("Services ") provide mobility and access to the business and residential areas in and around the Local Entity . E. RTD wishes to financially contribute to the provision of the Services according to the terms and conditions as agreed by the Parties, as set forth herein. 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 incoqJorated into this Agreement by this reference: Exhibit A: Exhibit B: Exhibit C: Description of the Ser vices Description of the RTD Funding Communication and Notices -Contacts E X h i b i t 1 Exhibit D: Special Provisions B. Recitals. The recitals set forth above are incorporated herein by this reference. C. Scope. 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. The Local Entity shall continue to manage and operate, either directly or through its des ignated agent(s), the Services. The Local Entity and/or its designated agent(s) shall be sole] y 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 respon sibility 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. The Local Entity 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 the Local Entity 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 i:ight pm:st.iant to this Agreement, to othei;wise continue the S-ei-vices, if the Local Entity ceases to provide the Services. 3. SERVICES . The hours, frequency, routes and schedule of the Services ("Operating Parameters") shall be as shown on Exhibit A. No changes shall be made to the Operating Parameters during the term of this Agreement without the written agreement of both Parties, or if changes are made to the Operating Parameters without the written consent of RTD, then RTD may, at its sole option, terminate this Agreement without any notice. In the event that RTD terminates this Agreement in accordance with this Section 3, RTD will not provide any funding for Services outside the Operating Parameters. 4. RTD FUNDING. In partial support of the Services, RTD will reimburse the Local Entity for the Net Cost of the Services up to the amount and for the term set out in Exhibit B ("RTD Funding"). RTD Funding does not include any additional operating costs for services in excess of the Operating Parameters 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. FUNDING A GREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD arl SHUTTLE) Page 2 • • • • 5. INVOICING AND PAYMENT. A. The Local Entity will submit an invoice to RTD on a monthly basis for 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, and any other information that RTD otherwise reasonably requests. 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 the Local Entity, RTD will provide a written explanation of disputed items within ten (10) calendar days after RTD has received the invoice. 6. RECORDS. The Local Entity, 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. The Local Entity, 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 . 7. MARKETING. A. The Services will not be designated, marketed, or promoted as an RTD-branded service, except that the Local Entity shall allow RTD to display an approp1iate RTD logo stating that the Services are "in partnership with RTD" on all vehicles used to furnish the Services and financially supported in part by RTD through this Agreement. B. The Local Entity and/or its designated agent(s) will m arket 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 opportunity to review and approve any marketing materials for the Services. 8. SERVICE MONITORING. RTD reserves the right, in its sole discretion, to set and to assess the performance expectations of the Services. If RTD determines that the RTD Funding is not wan-anted in accordance with RTD's performance expectations, RTD shall notify the Local Entity as soon as practicable. FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) Page 3 9. 10. LIABILITY AND INSURANCE. A. The Parties agree that RTD shall have no liability to third parties mising out of the operations or management of the Services, or any other service operated, directly or indirectly, by the Local Entity, .and the Local Entity shall have no liability to third parties arising out of the operations or management of any RTD services . This provision shall survive termination of this Agreement. B. The Local Entity 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 c onstrued 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 . GENERAL PROVISIONS. A. Available Funding. This Agreement does not contain any multiple-fiscal year financial obligations by either Party that extend beyond its cunent fiscal year. The financial obligations of each Party under this Agreement shall be subject to and limited by the appropriation of sufficient funds therefore by its governing body . Funds for this Agreement, as set out in Exhibit B, have been budgeted, authorized and appropriated b y the RTD Board of Directors only for the current fiscal year. If the Parties intend to provide RTD Funding for future years, Exhibit B must be amended in accordance with Sec tion 10.D . Nothing herein obligates RTD to budget, authorize or appropriate funds for any future fiscal year. B. Other Sources of Funding. Nothing in this Agreement will prevent the Local Entity from collecting contributions or fees from entities other than RTD to help defray any unreimbursed costs of providing the Service, except that RTD shall not be a party to any such arrangement. C. Merger. This Agreement represents the entire agreement between the Parti e s with respect to the subject matter hereof and all prior agreements, understandings or FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTL E) Page 4 • • • • • • D. E. F. G. negotiations shall be deemed merged herein. No representations, wananties, promises or agreements, express or implied, shall exist between the Parties, except as stated herein Amendment. No amendment to this Agreement shall be made or deemed to have been made unless in writing executed and delivered by the Party to be bound thereby. 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. 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. Term and Termination . This Agreement shall be deemed to have commenced on January 1, 2013 and shall remain in effect until 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 responsibilities for the Parties after te1mination shall survive termination of this Agreement. Nothing herein obligates RTD 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. H. 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. I. 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. FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEv\lOOD art SHUTTLE) Page 5 J. No Effect on RTD Rights or Authority . Nothing in this Agreement s hall 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. K. Assignment. Other than as speci fically 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 . L. Prohibited Interests. No director, officer, employee, or agent of RTD shall be interested in any contract or tran s action with RTD except in his or her official representative capacity unless otherwise provided by the RTD Code of Ethics. 1\1. 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 prov1s1on hereof. N. 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 . 0. 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 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. P. 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 elate of such change as if fully set forth herein. Q. 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 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) Page 6 • • • • • • R. (2) 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. The Local Entity and/or its designated agent(s) shall be responsible for all federal and state taxes and contributions for Social Security, unemployment insurance, income withholding tax, and other taxes measured by wages paid to employees . The Local Entity acknowledges that it and its employees are not entitled to workers' compensation benefits or unemployment insurance benefits from RTD, unless the Local Entity or a third party provides such coverage, and that RTD does not pay for or otherwise provide such coverage. The Local Entity 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 . 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. S. 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 . [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD arl SHUTTLE) Page 7 WHEREFORE, the Parties have entered into this Agreement as of the Effective Date. REGIONAL TRANSPORTATION DISTRICT CITY OF ENGLEWOOD By: Phillip A. Washington General Manager Approved as to legal form for RTD: Jenifer Ross-Amato Associate General Counsel FUNDING AGREEMENT By: ATTEST: Clerk FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) Page 8 Mayor • • • • • • Span of Service: Weekday- Saturday- Holidays- Service Frequency: Weekday Saturday- Sunday- Holidays- Annual Revenue Hours: Weekday- Saturday- Sunday- Holidays- Total FUNDING AGREEMENT Exhibit A Description of the Services 6:30 AM-6:30 PM No service provided No service provided No service provided every 15 minutes Not Applicable Not Applicable Not Applicable 6,120 Not Applicable Not Applicable Not Applicable 6,120 FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD arr SHUTTLE) Page 9 Exhibit B Description of the RTD Funding Expenses -January 2012-December 31, 2012 art operating hours expense-6120 hours @ 43.32 per hour art fuel expenses Total Expenses $ 265,118 $ 73,520 $ 338,638 Estimated Farebox Revenue-January 2012 -December 2012 Estimated Farebox Revenue* $ 60,328 '1' Because the City offers the art as a fare-free service, Estimated Farebox Revenue is based upon a survey performed in October 2012 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* $338,638 (Expenses) $60,328 (Estimated Farebox Revenue) RTD Funding $278,310 *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. FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD arr SHUTTLE) Page 10 • • • • • • Exhibit C Communication and Notices -Contacts For the City: City of Englewood Community Development Department 1000 Englewood Parkway Englewood, Colorado 80110 Attn: Harold Stitt 303.762.2341 For the RTD : Regio n al Transportation District 1600 Blake Street Denver, Colorado 80202 Attn: Bruce Abel 303.299.2839 FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) Page 11 Exhibit D Special Provisions DRUG AND ALCOHOL TESTING PROGRAM. The Local Entity 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 CPR Part 40 and 655 and review the testing process. The Local Entity further agrees to certify annually its complian ce with Part 40 and 655 before December 31st of every year and to submit the Management Information System (MIS) reports no later than February th 15 of every year to the Substance Abuse Testing Department, Regional Transportation District,1600 B lake Street, Denver, CO 80202. To certify compliance, the Local Entity 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. FUNDfNG AGREEMENT FOR RTD FU NDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) Page 12 • • • • ' COUNCIL COMMUNICATION Date: Agenda Item: Subject: January 22, 2013 11 a iii IGA for Art Shuttle Cost Sharing 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 10, Series of 2008, by Ordinance 8, Series of 2009, by Ordinance Number 4 Series of 2010, Ordinance 5, Series of 2011, and by Ordinance 9, Series of 2012. Council approved by Motion, in August 2004, a contrac t 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, and by Motion on March 5, 2012. RECOMMENDED ACTION Staff recommends Council adopt a Bill for an Ordinance authorizing an Inte rgove rnmental Agreement between the City of Englewood and the Regional Transportation District (RTD) for cost sharing for operation of the art shuttle for 2013. BACKGROUND AND ANALYSIS This IGA with RTD is for the operation of the art shuttle for calendar year 2013. Under this agreement, the shuttle will continue to provide the current level of service ope rating 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. Net operating expenses exclude administrative costs, marketing and promotional materials cost. 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 local fares that would have been co ll ected 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 2012. 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 o r student fare. For calendar year 20 13 , the l ost fare amount equals $60,328. FINANCIAL IMPACT RTD will reimburse the City for all contract and fuel costs less the lost fare amount. For the contract period this lost fare amount is $60,328 and is included in the approved 2013 Community Development Department budget. The contract continues the same level of service operating Monday through Friday, 6:30 am to 6:30 pm at no cost to riders. ATTACHMENTS Proposed Bill for an Ordinance • • •