HomeMy WebLinkAbout2009 Ordinance No. 008•
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ORDINANCE NO . __i_
SERIES OF 2009
'ON lOVlllNO:, ~ o -:? o o 9
BY AUTHORITY
COUNCIL BILL NO. 9
INTRODUCED BY COUNCIL
MEMBER OAKLEY
AN ORDINANCE AUTHORIZING TI-IE INTERGOVERNMENTAL AGREEMENT ENTITLED
"AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR TI-IE ART'' BETWEEN
TI-IE 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 2008 by the
passage of Ordinance No. 10, Series of2008; and
WHEREAS , the Englewood City Council approved an Intcrgovcrnme11tal Agreement between
RTD and the City of Englewood for funding of the Englewood Circulator Shuttle for 2004 -2007 by
the passage of Ordinance No. SO , Series of 2004; and
WHEREAS , the City of Englewood designed the Englewood Shuttle to provide circulator shuttle
service in the general area of the CityCenter Englewood, downtown Englewood and the
Swedish/Craig Medical Center; 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 , RTD provides bus acrvice to and through the CityCenter Englewood area and the
area in and around downtown Englewood and the Swedish/Craig Medical Complex; and
WHEREAS , RTD and the City of Englewood agree that these services will complement each
other and provide attractive and effective transit service for people working and shopping in the area
surrounding the CityCenter Englewood ; and
WHEREAS , the City Council of the City of Englewood, Colorado approved application lo the
Denver Regional Council of Governments (DRCOG) Congestion Mitigation Air Quality Funds for
operation of a Circulator Shuttle in November 2002; and
WHEREAS, in November 2003 the DRCOG and the RTD approved the 7.004 CMAQ and STP-
Metro funds to be transferred from the Federal Highway Administratio" :o the Federal Transit
Administratiot: for use by RTD as specified in the DRCOG 2003-2008 Transportation Improvement
Program; and
WHEREAS , the City Council of the City of Englewood authorized an IGA entitled "Agreement
RTD & City ofEnglewood Cost Sharing For The Art" between RTD and Englewood providing for
the same level of service from September I 0, 2007 through December 31, 2007 by the passage of
Ordinance No . 66 , Series 2007 ; and
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WHEREAS , 1he pas sage of th is proposed Ordi na nce will provide th e same level of servi ce fr om •
January I, 2009 through December 31. 2009;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNC rL OF THE CITI' OF
EN GL EWOO D. COLORADO, AS FOLLOWS :
Secti on I . The Ci ty Council of the Cit y of Englewood , Co lorado hereby authorizes the JGA
entit led "Agreement RTD & City of Englewood Cost Sharing For The An' between the Regional
Transponation Di strict (RTD) and the C'il y of Eng lewood, Co lorado , as att ac hed here10 as Exhibit A.
Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergov ernm ental
Agreement for and on behalf of the City of Englewood.
Introduced , read in full , and pas sed on first reading on the 6th day of April , 2009.
Published as a Bill for an Ordinance in the City's official news paper on the 10• day of April ,
2009 .
Publi shed as a Bill for an Ordinance on the Ci ty's official webs ite beginning on 1he 8th day o'
April , 2009 for thiny (30) days.
Read by tit le and passed on final reading on the 20th day of April. 2009.
Publi shed by title in the City's officia l newspaper as Ordinance No.i_. Seri es of 2009, on
the 24• day of April , 2009 .
I, Loucrishia A. Elli s, Cit y Clerk of the Ci1 y of Englewood , Co lorado, hereby ce ni fy tha t the
abo ve and fo regoin g is ~5rue copy of the Ordinan ce passed on fin al reading 1nd published by
tit le as Ordinance No . )L. Seri es of 2009 . . ,1
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lEEMENT
RTD & CITY OF ENGLE •D COST SHARING FOR THE ART
Th is Agreement is made this ~:_ day of ~. 2009, between the Regiona l
Transp ortation District, a politi cal subdivision of the state of Colorado organized pursuant to the
Regional Transportation District Act, C.R.S. § 32-9 -101 , et seq., (hereafter "RTD "). and the City
Ol Englewood, Colorado, a Colorado home rule city (hereafter "the City"). RTD and the City
may also be referred to herein individua ll y as a "Party" and collectively as the "Parties".
RECITALS
route circulator bus service within the ~nglewood area
This service provides mobility and access from the
Medical Center and Craig Hospital along Englewood
1. The City has funded ar.d operated
(the "art ") since September 2004 .
Englewood Civic Center to Swedish
Parkway and Did Hampden Avenue .
2. RTD also provides light rail and bus service in and around the City .
3. RTD and the City agree that these services are complemeo1tary to providing attractive and
effect ive transit service for people working and li·,ing in the area in and around Eng lewood .
4 . It is in the interest of the parties to ensure the continuation of the art through joint funding
by the City and RTD as set forth her ein .
AGREEMENT
Now, therefore, in consideration of the promises and obligations set forth herein , and for
other good and valuable consideration , the receipt and sufficiency of which are hereby
acknowledged , the Parties agree as follows:
1. OPERATIONS, MANAGEMENT AND CONTROL OF THE ART . The City shall continue to
manage and operate , either directly or through its designated agent(s), the art route
circulator bus service in the City. The City and /or its designated agent(s) shall be solely
responsible for all art operations, management , marketing , administration , and services
delivery functions , including provision of vehicles, vehicle maintenance , insurance and
accounting . As part of its operatic 1s of the art service , the Ci• and /or its designated
agent(s) shall provide fuel for the vahiclejs), the cost of which shal, be reimbursed as an
operating expense as provided in this Agreement . Except as specifically provided herein ,
RTD shall have no responsibility for the operations and management of the art . RTD shall
have no responsibility for , nor authority or control with respect to, the supervision and
ma nagement of any emplo yees or cont ractors who work in connection with the art.
2 . COOPERATION . It is t he inte nt of th e Part ies t o conti nu e t o w ork tog et her to su pport th e
prov ision of th e art .
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A . The City an d RTD shall eac h des ignate a rep resentative r esp onsibl e for the
impl eme nt at ion of th is Agreemen t. •
8. City and RTD staff will confer on marketing and service development is sue s arid regularly
ex chang e re lev ant information in order to re port progress to t he res pective organ izations .
3 . ART SERVICE . The art route, service hours and fr equen cy of service shall be as shown on
Exhibit A , whi ch is attached and hereby fu lly in corp ora ted by reference. The Parties
hereafter may, upon mutual agreement in writing by both Parties, modify Exhibit A as
ne cessary to effect thi s Agreement.
4 . MARKETING AND PROMOTIONAL MATERIALS . The City and its designated agen t(s) snail
deve lo p and implement art marke ting and promotional materials and activities at their so le
cost. RTD st~tt will review and commer ,t upon proposed ma rk eting strategies and materials .
RTD shall include current art brochures, maps and other informational and promotional
materials supplied by the City or its des ignated agentls) at all of its i nformation /customer
service cen ters. Specifications for such materials shall be approved b•,' the RTD to ensure
compati bil ity with RTD display capabi lity . The RTD customer service telephone information
center will provide up-to-date art service and schedule information .
5. TERM AND RENEWAL. The term of this Agreement shall be deemed to have begun on
Janu ar y 1, 2009 and shall expire on December 31, 2009. Thereafter, the Pa rties may , by
written agreement , renew the Agreement tor su ccessive pe riods of one year each un.-:er the
,,~me terms and conr tions, although any re newa l of this Agreement will contain specif ;,A
f unding levels for the renewal year(s ). Nothing here in ob ligates RTD to mak e funds ,.v ailabl~
for the an or to renew this Agreement in any future fisc al year. Even if this Agre.ement is
renewed in subsequent yea rs , nothing herein sh all imply funding wi ll be renewed at the same
or any level
6. SIGNAGE . The City shall maintain all art signs and sign posts and shall be solely responsible
for all signage related to t he art.
7 . RTD •UN DING . As funding lor the operation of the art , RTD shall reimburse th e City one
hun c red percent 1100%) at the Net Cost of operating th e art service .
A . Net Co st shall be defined as all operating cos ts for t he art , including f uel, le ss Esti mat ed
Farebo x Rev enue , based upon the regularly sc hedul ed service hours and cost breakdown as
provided in Exhibit 8 , whi ch is attached her eto and lully incorporated by ref eren ce herei n.
Operating costs , as refere nced her ein , sha ll no t in clud e any administrative costs for the City .
Th e City is sole ly responsib le for any additional operating cos t s relating t o service hours that
excee d t hose regularly schedu led servi ce hours as sh own in Exhibits A or 8 , including any
spe cial events and holidays.
8. Estimated Farebox Revenue for the 2009 year of ope rat ion shall be $70,713, as provided
in Exhibit 8 . Sin ce the City offers the art as a fare -free service , Es timated Farebo x Rev enue
is ba se d upo n a survey performed in March 2008 by RTD that determ ined the average far.
that w ould ha ve been co ll ected had the City charg ed f1 TD 's local f are for th e art serv ice .
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C. Nothi'l g in th is 4 greement sha ll prevent the Ci ty fro m colle ct ing contributions or fees
from ot he r en titi es to help defray the unre im bur se d costs of providi ng the art servic e. RTD
sh all no t be a pa rty t o an y such arra ngem ent and sh all not re ce i ve any direct al loc ati on of or
cred it for ~u ch contribut ions or f ees.
8 . INVOICING AND PAYMENT .
A . The City shall submit an invoice to RTD on a monthl y ba si s f or payment of the Net Cost
pursuant to Paragraph 7 herein . The invoice shall include an itemized list of reimbursable
operating ex penses , including fuel , and shall deduct $5892 . 75 as monthly Estimated
Farebox Revenue . In addition , the invoice sha ll include a summary, as agreed , of service
hours , mileage , the number of passenger boa 1~i ngs generated as a result of providing art
service , and any other information that RTD req ue sts .
B. RTD shail pay all approved invoices within thirty (30) days of receipt. If RTD does not
approve an invoice from the City or its designated agent (s), a written explanation of
of disputed items w ill be sent within ten (10) days of RTD 's receipt of the invoice.
9. RECORDS . The City and /or its designated agent(s) w ill maintain full and complete financial
records for the operation of the art, including but not limited to information on the number of
passenger boardi ng s on the art, any farebox revenue collected as a result of the operation of
art service , if any, and any other information that RTD requests. The City and /or its
designated ag, •lt(s) shall make these records available to RTD for aud it for three (31 years .
National Tr ansi t Database (NTD) data shall be kept in accordanc e wit h Federal Transit
Administration ("FTA ") requirements and shall be reported as part of RTD 's NTD submission.
10.ART PERFORMANCE ASSESSMENT . The art ser vice performance will be assessed by RTD
to de!ermine if performance ex pec t ations ha v e been met and to de t ermine if the funding
provided by RTD is w arranted. Performance will be evaluated in term s of RTD 's service
standards for passengers per revenue hour of service and subs idy per passenger. If it
appedrs that service pErf orma"ce will no t warrant continuation , RTD and the City will confer
on what changes should be m ade. If RTD chooses not to renew for f ailure to meet service
standards it shall notify the City by April 1 , 2009 that it does not intend to renew this
Agreement for the following year . If this Agreement is termina t ed due t o lack of funding by
either Party in the next year 's budget cycle it shall notify the oth er party on or before
December 1 an d service will be terminated effective January 1. Nothing herei n oblig ates the
RT D to rene w or extend this Agreement at any time .
11 .LIABILITY AND IMMUNITY .
A .The Par t ies ag re~ that RTD shall have no liability to third part ies aris ing out of the
op erat ions or manag ement of t he art se rvice and th ~ City shall have no liabi lity t o third
parties arising out of the operat ions or management 0 ·1 any RTD services .
B.T o the extent that there is or may in the f uture be in surance coverage for the operations
of t he art , t he City and its designat ed agent (s) shall cau se RTD and its officers and
empl oyet1 s to be named as addi t io nal insured on all insurance po lic,ies for any operatio ns of
the art.
C.Without waiving the privileges and immu nities con ferred by the Colo rado '3ove rnmental
Im munity Act , Se st ion 24-10-101 et se q ., C.R .S .. eac h Party sha ll be res pons ib le for arA
clai ms, demands or suits arising out of its ow n negligence . It is specifi ca lly understood an'!!"
agree d that noth ing contained in this paragraph or elsewhere in this Agreement shall be
construe d as an express or implied waiver by RTD of its governmental immuni ty inc lud ing
limitations of amou nts or types of li ability or the go vernm ental acceptance by RTD of
lia bi lities arising as a result of actions which lie in tort or could lie in tort in excess of the
liabilities allowable unde r the Colorado Gove rnmental Immunity Act , C.R.S. § 24-10· 101 et
seq.
12.NO LIMITATION ON RTD RI GHTS OR AUTHOR ITY. Nothing in th is Agreement shall be
construed to limit RTD's right to establish routes or services or perform any functions
authorized by C.R .S. § 32 -9-101, et seq .
13.NO T HI RD -PA RTY BENE FICIARIES . The Parties exp ressly agree that enforcement of the
terms and conditions of this Agree ment, an d all rights ot actio n rP.lati ng to such
enforcement , shall be strictly rese rve d to the Parties, and nothing contained in this
Agreement shall give or all ow any such claim or right of action by any other or third person
on such Agreements , inc luding but not li mited to subcontractors , subconsultants, and
supp liers . The Parties exp ress ly intend that any person other than the Parties who receives
se rvices or benefits under this Agree m ent shall be deemed to be an incidental be neficiary
only .
14.FINANCIAL OBLIGATIONS SUB J ECT TO APf·ROPRIATIONS . This Agreement does n.
contain any multiple-fiscal year financial obligations by either party that extend beyond i
current fiscal year. Th e financial obligations ot each Party under this Agreement shall be
subject to and limited by the appropriation of sufficie nt fund~ therefore by its go verning
body . Funds for this ag reement have been budgeted , auth~rized and appropriated by the
RTD Board of Directors tor the 2009 fiscal year. Nothing herein obl igates RTD to budget,
authorize or appropriate funds tor any future fiscal year. To the extent permitted by law, all
ot the ope rating costs of the art and revenues , if applicable , of the art shall be treated by
RT D as its "operating costs" and its "revenues coll ected " for purposes of comp liance with
C.R.S . § 32-9-119.7.
15 .STATUS O F PARTIES .
A .The City , or its designat ed age nt, shall be solely responsible tor hiring, supervising and
discharging the employees or contractors w ho operate the art service. The RTD shall have
no responsib !li 'i y for , nor authority or contro l with respect to, the supervision and
management ot the dr iv ers and other emp loyees or contractors who work in connection w ith
the service.
B.The Part ie s agree that the statuG of each Party shall be that ot an in dependent 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 emp loyee, officer, agent , or representative
of the other Party. Nothing contained in the Agreement or do cuments in cor porated tA
reference herein or otherwise creates any partnership, joint ve nture , or othe r association P
relationship b etween RTD and the City . Any approval, review, inspection , direction or
instru ction by RTD or any party on behalf of RTD shall in no w ay aff ec t either Party 's
ind epe ndent contracto r status or obligation to perfo rm in accordance with th is Agreement.
I,Jc ,ther Pa rty has authorization , express or im plied, to bin d the oth er to any agreements,
• lia bi lit y, or understanding except as expressly set forth in th is Agreement.
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C.The City and /or its designated agent (s) shall be responsible for all fed era l and state taxes
and contributions for Soc ial Security , unemployment insu ran ce, income withholding tax , and
other taxes me asured by wages pa id to employees, as well as any subcontractor or vendor .
The Ci t y acknowledges that it, its designated agent (s) and /or its or its designated agent(s)
employees are not entitled to workers ' compensation benefits or unemployment insurance
benefits from RTD , unl ess the City or a third party provides such coverage, and that RTD
do es not pay for or otherwise provide such coverage . The City shall be solely responsible
for its own actions, its emp loyees and agents .
16.LEGAL AUTHORITY . The City and RTD represent or warrant to each other that they
have all necessary authority to enter into this Agreement and to perform their obligations
hereunder and that this Agreement does not conflict with any other agreement that each
Party is subject or to which it may be bound. The person signing and exec uting this
Agreement on beha lf of either Pa rty represents that he /she has been fully authorized to
exec ute this Agreement and to validl y and legally bind a Party to all the terms , performances
and provisions herein set forth. The Parties shall have the right, at their option , to either
temp ~rarily suspend or permanently terminate this Agreement, if there is a d ispute as to the
legal authority of either the other Party or the person signing the Agreement to enter into
this Agreement . Neither Party shall be obligated to perform any of the provisions of this
Agreement after it has suspen ded or terminated this Agreement as provided in this
Paragraph .
17 .NO ASSIGNMENT . Excep t as otherwise pr ovided in the Agreement , neither party may
ass ign the Agreement and /or any of its rights and obligations hereunder without the written
consent of the other Party .
18.WRITTEN AMENDMENTS . Th is Agreement may be modified or amended only by a
written document duly ~xecuted by both part ies .
19 .NOTICES . Correspondence regarding this Agreement shall be sent to:
For the City:
City of Englewood
Community Development Department
1 000 Englewood Par kway
Englewood, Colorado 80110
Attn: Harold Stitt
303.762.2341
For the RTD
1'1egional Transportation District
1 600 Blake Street
Denver , Colorado 80202
Attn : Bruce Abel
303.299. 2839
The addre sses or co ntacts may be changed by the Parties by written notice .
20.ENTIRE AGREEMEN T. The terms and provisio ns of t his Agreement , including but no t limite d
to th e Rec it als above and th e Exhib it(s) or Attachments incorporated by reference he rein .
represent the ent ire understand ing of the parties with resp ect t o the subj ect matter of t his
Agreement , and merge , inco rpor ate and supersede all prior communications between the City
and RTD concern ing that subject. No representations or w arran t ies are made by the Cit y or
RTD exc ept as h erein set forth .
21.WAIVER AND BREACH . Th e waiver of any breach of a term he reof sha ll not be construed
as a waiver of any other te rm , or t he same te rm upon a subsequent breach.
22 .GOVERNING LAW ; VENUE . Each and every term, provision , condition , of this Agr ee ment is
subject to the provision s of Colorado law. This Agreement is su bj ect to such modifications as
may be requ ired by chang es in Co lor ado or federal law , or their implementing regulations . Any
such requ ir ed modification shall automat ic ally be incorporated in to and be part of this
Agreement on th e effective date of such chan ge as if fully set forth herein . Venue for any
action arising hereunder shall be in the District Courts for t he St ate of Colo rado .
23.SEVERABILITY . The Pa rties expressly agree that if any part, te rm , or provision of this
Agreement is oy the courts held to be illegal or in conflict with an y law of the State of Colorado ,
the v alidity of the remaining portions or provisions sha ll not be affected, and the rights and
obligations of the Parties shall be construed and enforced as if the Agreement did not contain
the particular part, term , or provision held to be invalid .
24 .COUNTERPARTS . This Agreement shall be executed in two co unterparts each of whic.
when so executed and delivijred shall be an orig ina l. but all of which sha ll together const itute
one and the same instrument.
[THE BALANCE OF THIS PAGE IS INTENTI ONA LL Y LEF T BLANK.]
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W HEREFOR E, the Parties have entered into this Ag reement as of the date first set forth above .
REGIONAL TRANSPORTATION DISTRICT
By:9tt1&
Clarence W . Marsella {-tvrCW~
Gene ral Manag er
Reg ional Transportation District
Approved as to legal form:
Reg ional T ransportation District
CITY OF ENGLEWOOD
By:. __________ _
Jam es K. Woo d ward
May or
Cit y of En glewood
ATTEST :
Loucrishia A . Ell is
City Clerk
Exhi bit A • art Service Desc ription
Se an of Se rvice :
We ek day-6 :30 AM-6 :30 PM
Saturday -No ser vice provided
Sunday -No serv ice provided
Holidays -No service provided
Service Freguency :
Weekday every 15 minutes
Saturday-Not Applicable
Sunday-Not Applicable
Holidays-Not Applicable
Annual Revenue Hours:
Weekday-6 ,144
Sa t urday-Not Applicable • Sunday -Not Applicable
Holidays -Not Aeelicable
Total 6 ,144
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Exh ibit B
Summa ry of Antici pate d Oi:arating Costs and Revenue s
Expense-January 2009 -Oe cembe r 31, 2009
art operating hours expense-6144 hours@ 39.2 1 pe r hou r
art fuel expenses
Expense
Estimated Farebo x Revenue -January 2009 -Dec ember 2009
Passenger fares based on March 2008
survey
Total Revenue
$ 240 ,906
$ 27 ,182
268 ,088
$ 70 ,713
$ 70,713
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Reg io nal Tran s portation District
Our miss ion:
To:
From :
Dote :
To m"at our cons tltuenrs • present and fu turo pub/,:; transit needs by offe ring :.afe, clean,
relfab 'e, counoous, accessible and cost -affective servictr througho ut the District.
t General Manager , Public Affairs
Clarence W .
Marc h 1 9, 2009
Rjn_D
Memorandum
Subject : Delegation as Acting General Manager
This will confirm that du ring such time as I am away from the office on Saturday , March
21 , 2009 and Su nda y, March 22, 2009, you will assume on my behalf and in my stead ,
additional duties as Acting General Manager for the District, as the sam e has been defined
by our Board of Dire ctors.
In t his capacity, your auth ority sha ll exte nd to th ose matters that cannot pra cticably be
deferred , including bu t not limited to acting as Contract Rep rese nta t ive with rega rd to
pending contracts to whi ch RTD is part (in clud ing , when necessary , the exe cution of Work
Ord ers and Work Order Amendments), and exerc ising overall supervision with respect to
t he sta ff of RTD, as we ll as co ordination with our Boa rd of Di rec tors .
cc: Board of Directors
Ca l Sh ankster , Acting A ssist ant Gene ral Manag er, Rail Ope ra tion s
Pa ul a Per du e, Exec utive Manager to t he Board of Dire ctors
Rick Clark e, Act ing A ss istant Gene ral Manage r, Planning and Develo pment
Bill Van Meter, Actin g Assistant Gene ral Man age r, Planning and Develo pm ent
Bru ce Abel , Assistant General Man ager , Customer «nd Contracted Services
Ron Dodsworth , A ssistant Genera l M ana ger, Bus O~e.ra ti ons
Ma rla Li en , Genera l Cou n se l
David Genova , Assista nt Gen ra l Manag er , Saf ety , Sec urit y and Facil ities
Phil Washington, Assistant Gen eral Manager , Admin istration
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COUNCIL COMMUNICATION
Date : I Agenda Item : I Subject :
April 6, 2009 11 a i IGA fo r ar t Shuttl e Cost Sharing
Initiated By: Staff Source:
Community Deve lop ment Department Harold J. Still
Community Planning and H ousi ng Coordinato r
PREVIOUS COUNCIL ACTION
Counci l approved an Intergovernmental Agreem ent (IG A) between the City and th e Regional
Transportation District (RTD) for fundi ng of th e Englewood Circulator Shuttle by Ordinance 50,
Series of 2004; Ordinance 66, Series of 2007; and by Ordinance 10, Series of 2008. Council
approved, by m otion , in August, 2004 a contract fo r transit services with Laidlaw Transit Services
and subsequently ex tended this contract by Resoluti on No. 87, Series of 2005; by Resolution No.
77, Series of 2006 ; by motion on December 3, 2007 ; and by m oti on o n M arch 3, 2008.
RECOMMENDED ACTION
Staff recommends Council adopt a bill for an ordina nce auth ori zing an Intergovernmental
Agreement b etween th e City of Engl ewood and the Regi onal Tr ansportation Distric t (RTD ) for cos t
sharing for operation of th e ar t shu ttl e for 2009.
BACKGROUND AND ANALYSIS
TI1is IGA continues the operation of the art shuttle through calendar ye ar 2009. Under this
agreemen~ the shuttle wi ll provide the sam e leve l of se rvi ce operating Monday through Friday, 6:30
a.m . to 6:30 p .m . Shuttle frequ ency was changed fr o m every ten minutes to every fift een minutes
to reflect actual operations as indi ca ted in Exhibit A of the IGA. RTD w ill reimburse th e City 100%
of all net operatin g costs as set fo.-th ir, ~,hibit B of th e IGA. Net operatin g ex penses excl ud e
adminis trative cos ts, mark et ing costs, and promo ti onal materials cos ts . As with the prior agreement,
th e Ci ty w ill also provi de fuel to eliminate sta te and fede ral gasoline taxe s, redu ci ng fu el costs by
approximately $.50 per ga ll on. Th e City w ill reimburse RTD an am m mt equa l to th e local fares th at
would have been co ll ec ted had th e sh uttle opera ted as fa re service rath er than a free serv ice. The
am ount of the compensati on was determined through a survey of rid ers condu cted in March 2008.
Th e survey resu lts indicated th e number of rid ers that did nut hJ, e a bus pass or transfer and would
be subject to the standard, reduced se ni or, or stu dent fa re. For calendar yea r 2009 the los t fare
amount is ex p ec ted to equal $70,7 13 .
The attached document shows rid ership statistics fo r art.
FINANCIAL IMPACT
RTD w ill rei m burse th e City for all contract and fuel cos ts less th e lost fa re amount. For th e contrac t
p eri od, th is los t fa re amount is es timated at $70,713 and is included in th e approved 2009
Community Deve lopment Depa rtment budge t. Th e co ntra c t continues th e sa me level of service
ope rating Monday through Frid ay, 6:30 a.m . to 6:30 p.m . at n o cos t to rid ers.
ATTACHMENTS
Rid ership Statis ti cs
Bill fo r an Ordinance
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art Shu tt le Ridership Repo rt
Mo nth Riders hip Tota l Ave rage Mo nth Rid ership Tota l A·.erage
~embe r-04 5,419 5,41 9 5,419 January-O B 18,22 8 18,228 18,228
ctober-04 9,16 6 14,585 7,2 93 February-OB 17,804 36,032 18,0 16
November-04 10,362 24 ,94 7 8,3 16 March-OB 17,925 53,957 17,986
December-04 12,149 37,096 9,274 April-OB 18,468 72,425 18 ,106
Ma y-08 17,5 52 89,9 77 17,995
Mo nth Ride rship Tota l Average June-08 18,959 108,93 f 18,156
January-OS 11 ,353 1 1,353 11 ,3 53 Jul y-08 19,657 128,5~.' 18,370
February-OS 11M2 22 ,995 11,498 August-OB 18,850 147,4 I 18,430
March-OS 14,C:13 37,5 08 12,503 September-08 19,476 166,'J !9 "8,S47
April-OS 14,024 51 ,532 12 ,883 October-OB 22 ,677 189,595 18,960
May-05 14,982 66,514 13 ,303 November-OB 18,053 207,6 -,') \8,877
June-0 5 14,48 7 8 1,001 13 ,500 December-OB 20,167 227,8 6 18,985
July-OS 13 ,574 94,575 13,5 11
Aug ust-OS 17,599 112 ,174 14,022 Month Ride rs hip Total Avera ge
Septemb~r-05 15,968 128,142 14,238 January-09 19,606 19,606 19,606
October-O S 17,162 145,304 14,530 February-09 20,692 40,2 98 20,149
November-OS 16,505 161 ,809 14,7 10 March-09
December-OS 15,8 77 177,686 14,807 April-09
May-09
Mo nth Ridersh ip Total Average June-09
Jan uary-0 6 17,815 17,1115 17,815 Ju ly-09
.ebru ary-06 15 ,3 18 33,133 16,567 August-09
March-06 17,928 51,061 17,020 September-09
Ap ri l-06 15,06 7 66,128 16,532 Octobe r-09
Ma y-06 18,300 84,428 16,886 November-09
June-06 16,414 100,842 16,807 Decer,,ber-0 9
July-06 14,722 115,564 16,509
Augus t-06 17,711 133 ,275 16,659
September-06 16,58 7 149,862 16,651
Octo ber-06 18,18 1 168,043 16,804
November-06 17,820 185,863 16,897
December-06 14,725 200,588 16,7 16
Mo nth Rid ership Total Avera ge
Jan uary-0 7 17,198 17,198 17,198
Februa ry-07 16 ,084 33 ,282 16,641
Ma rc h-Di 18,276 51 ,558 17,186
Apri l-0 7 1 7,059 68 ,617 17,154
May-0 7 18,471 87,088 17,418
June-0 7 1 7,6 12 104,700 17,450
Jul y-07 17,265 121 ,965 17,424 a August-0 7 18,438 140,403 17,550
te mber-0 7 13 ,9 14 154,317 17,146
Octo ber-0 7 16 ,823 171,140 17,114
Novemb e r-0 7 15,6 19 186,759 16,978
December-0 7 16,406 203,165 16,930