HomeMy WebLinkAbout2008 Ordinance No. 010•
•
•
ORDI ANCE NO . 1J
SE RI ES OF 2008
CONTRACT NO, ~~ ).ooi
BY AUT I-I ORI TY
COUNC IL BI LL NO . 12
INT RODUCE D BY COUNC IL
MEMBE R MOORE
AN ORDINANCE AUTHO RIZING THE INTE RGOVERNMENTAL AGREEMENT
ENTIT LED "AGREEMENT RTD & CITY OF ENGLE WOO D COST SHARING FOR T l-I E
ART" BETWEEN TH E REG IONA L TRANS PORTATI ON DISTRJCT (RTD) AND Tl-I E
CITY OF ENGLE WOOD , COLORADO .
WH EREAS , th e Englewood City ,..o un cil approved an lnt ergovernm elll al Agree ment
between RTD and th e Ci ty of Englewood fo r fund ing of the Eng lewood Circuh tor Shu 11 le
for 2004 -2007 by !h e passage of Ordi nance No . 50, Series of 2004; and
WH EREAS , th e C11y of Englewood des igned th e Eng lewood Shu11 le 10 provide circul •tor
shun le service in th e gene ral area of th e Cit yCente r Englewood, downtown Englewood and
the Sw edi sh/Cra ig Medi ca l Cent er; and
WH EREA S. this sen1ice provi des mobility and acc ess to the co mm ercial areas in and
aro und th e vici nity of th e Cit yCcnt cr Englewood li ght ra il stati on, downt own Englewood and
the Swed ish/Cra ig Medi ca l Ce mer; and
WHERE AS, RTD provides bus se rvic ,, 10 nnd thro ugh the Cit yCent er Eng lewood area
and th e area in and around downtown Englewood and th e Swed ish/Cra ig Medica l Co mplex ;
and
WI-I ERE AS, RTD and th e City of Englewood agre e that these se rvices will com pl ement
eac h oth er and prov ide attractive and cm .. -c ti ve transit service for peop le worki ng and
shoppi ng in th e area surrou nd ing the Cit yCen ter Englewood: and
WHEREA S, th e Cit y Counc il of th e Cit y of Englewood, Co lorado npprovcd appli ca ti on
lo th e Denver Rcg ,onal Co un cil of Gove rnment s (DR COG) Congesti on Mi ti gati on Air
Qualit y Funds for operati on of n Ci rcul ato r Sh u11l e in Nove mber 2002 ; and
WHEREA S, in November 2003 the DRCOG and the RTD ap proved th e 2004 CMAQ and
STP -Metro funds to be tra nsfe rred from th e Federa l Hi ghway Adm ini st rati on to the Federal
Tra nsi t Admini stration fo r use by RTD as spec ifi ed in th e DRCOG 2003 -2008
Trn nsponati on lmp r vc ment Program: and
WH EREAS , th e Cit y Co un cil of th e Ci ty of Eng le wood a, 1horized an !GA entit led
"Agree ment RTD & Cit y of Englewood Cost Sharin g For The A1t" uet wee n RTD and
Englewood providing for the sa me leve l of serv ice fro m Septc111bc r l 0, 2007 thro ugh
Dece mb er 31. 2007 by the pas sage of Ordi nance No . 66 . Se, ies 2Un7 : and
WH EREAS , th e pnssnge of th is propo sed Ordina nce will provide 1he sa me leve l of
se rvice from Ja nu ory I, 2008 through December 3 1, 2008;
-1-
9 b iii
NO W. THEREFO RE. BE IT ORDA i ED BY TH E CITY COUNC IL OF Tl-I E CITY OF •
ENG LEWOOD . CO LORAD O, AS FOLLOWS :
Sectio n I . The Ci ty Co uncil of the City of Englewood. Co lorado hereby authori zes th e
!GA entitled '·Agreement RTD & Ci ty of Englewood Cos t Sharing For The Art " be tween the
Regiona l Transport atio n Di stri ct (RTD) and th e Cit y of Englewood. Co lorado , as a11ached
h,:reto as Ex hib it I .
Secti on 2. The Ma yo r and City Cler k arc au th ori zed to exec ut e and a11es 1 said
Intergove rnm ent al Agreement fo r and on behalf of the Cit y of Englewood.
Int roduced , read in full , and passed on fi rst rea ding on the 19th da y of Feb ruary, 2008.
Publi shed as a Bill fo r an Ordin ance on the 22 nd day of Feb ruary, 2008.
Read by titl e and pass ed on fin al reading on th e 3"' da y of March. 200 8.
Pub li shed by title as Ord:n ance No. lQ, Series of 2008 , on th e 7t h day of March ,
200 8.
I, Lo ucri shi a A. Elli s. Ci ty Clerk of the Cit y of Englewood, Col orado , hereby certify
... "· -~~,., ""'"'"' i,. ,., .,, ., ., ~=· ~, publi shed by tit le as Ordi nance No . .i.Q, Series of 2008 .
~,~
Loucrishi a A. Ell is
-2-
•
•
•
AG REEMENT
RTD & CITY OF ENG LE WOOD COST SHARING FOR THE ART
t'L
Th is Agr ee ment is made this 2J__ day of ~. 2008, between the flgio n a l
Tra nsportation District, a political subdi·,ision of the ~tateJ,". Colorado organized pursuanIto the
Regional Transportation District Act, C.R.S. 32-9-101, et . Seq., (hereafte r "RTD"), and tie City
of Englewood, Colorado, a Colorado hom e ru le ci ty (hereafte r "the City").
RECIT ALS
1. The City has f ur jed and operate d circulator bus service (the "art") within the En~wood
area since September 20D4 . This service provid es mob ility and access from the En~wn<'>rl
Civic Center to Swedish Medica l Center and Craig Hospital along Englewood ParkllllY an d
Old Hampden .\v.,nue.
2. RTD also provides light rail and bus service in this area of Englewood. RTD and ~e City
agre e that these services are complementary to providing attractive and effective transit
service for people working and living in this area of Eng lewood .
• 3. It is in the interest of the parties to ensure the continuation of the art shuttle throug h joint
funding by the Citv an d RTD as set for,h herei n .
•
No w, Ther efore , in cons,aeration of the promises and obligations set forth herein, the parties
ag ree as foll uws:
COND ITIONS
1. The City shall continue to manage and operate the art shuttle .
2. Designated RTD and City representatives sha ll implement this Agreement and report
progress to the resoective boards. City and RTD staff will confer on mark eti ng and
service development and regu larly excha ng e relevant informa tion . Changes proposed to
the ar t service w ill be coo rdin at ed with, and addressed as part of the routine RTD
service change process.
3. ar t route, service hours and frequency of service cu rr ently are as sh own on Ex h ibit A .
4. The term of this Agreement sha ll begin on January 1, 2008 and shall etpire on
December 3 1, 2008. The parties may thereafter, by written ag reement, renew the
agreement for successive period of one year each. Nothing herein ob li gates RTD or the
City to make funds avai lable for or to renew this \gre eme nt in any future fi sca l year .
5. The City and its Agent(s) shall develop and implement art marketing and promotional
materi als and activities at thei r sole cost. RTD staff w ill rev iew and comment upon
proposed ma rketing stra teg ies and ma teri al s. RTD sha ll include curren t art brochures
and prom otiona l mat e rials 3t appro pr ia t e inforrn ation /custom er ser vice centers .
E
X
H
I
B
I
T
1
~i)ecifications for ma rk eting materir1I shall be approved by the RTD to en sure
compa t ibility w ith RTD disp la y c apability, The RTD cus•.omer se rvic e telephone •
information ce nte r will pr ovide up -to -date art service and schedule in for ma tion .
6. The City shall mainta in all art si gn s and sign posts.
7. The City sha ll be resp onsible for all additional costs on se ,'Ji"c h ours that exceed
reg u larly sch eduled se rvice ho urs as shown in Ex 11ibit B if autbsrized by the City.
Add itional service hours would inc lud e operating the an shu 110 for City specia l events
and holidays at the C't y's authoriz ation .
City recognizes that RTD has a standa rd fare structure that is app li ed to all services that
RTD ope rates or participate$ in fund ing . RTD re cog nizes that the City does not currently
cha rg e passengers for the art shuttle . Th e City chooses to continue to operate the art as
a fare -freo service. The RTD in cooperation with t he City performed a survey in March
2007 that determined the average fare that would have been collected had the art
ut;i irnd H,R RT D Denver local fare . For the 2008 year of operat ion , this number has been
establ ished at $67 ,206. A new su rvey shall be c onducted in March/April 2008 time
period by the RTD with input from the City to determine the average fare that would had
been collected had the art utilized the RTD Den ve r local fare. Information collected from
the 2008 survey will be used to establish the fares that the City must match for the
2009 ope rating year.
Nothing in this agreement shall prevent t he City from collecting contributions or fees •
from entities within the City, such as special impro ve ment districts or local foundation s,
to help defray the cost of the art se rvices borne by the City. RTD shall not be party to
the assessment or collec t ion of such special faes or contributions and shall not receive
any direct allo cat ion of or credit for such special fees or contributions collected by the
City.
8. The City, as in their management role , w ill continue to provide fuel for the art shuttle.
Fuel expenses will be item ized on all invoices for reimbursem en t .
9 . RTD sh all pay t o th e City as funding for the operation of the art services, an amount
equal to 100% of t he net cost of operat ing the art serv ice ("Net Co st"!. Net Cost sha ll
be defined as art opera ting co st, inc luding fuel, le ss estimated farebox revenue. See
Exhibit B for cos t bre akdown. art operating costs will not inc lud e any C:ty
admi nis tr at ive c os ts.
10. City shall invoice RTD for 100% of the Net Cost of service on a monthly basis,
providing a summary , as agreed, of expenses, passenger boardings, service hours and
mil ea ge . Th e City will deduct $5600.50 per month as imputed fare re ven ue on a
m ont hly basis. RTD shall pay all approved invoices within thirty days of receipt. If
RTD does not approve an invoice from the City , a written explana tion of disputed items
will be sent within 10 da ys of RTD's receipt of the City invoice.
11 . City w ill maintain full and complete financia l records fo r the operation of th e art in clud ing •
information on the numb er of passenger boardings nrovided on the art. The City shall
make these rec ords ava ilabl e t o RTD for au dit. National Tr ans it Dat ab ase ("NTD"I data
sha ll be kept in accordance w ith FTA requirements and ;hall be reported as part of RTD 's
• NT D submissio n .
12. art performance will be assessed duri ng the contrac t term to determine if perfo rmance
expec tations have been met and to determi ne if conside rat ion of a future co st sh aring
Agreement is wa rrant ed . Performance wi ll be eva lu at d in terms of pass enge rs per
revenue hour of se rv ice an d subsidy per passe nger. If it appears tha t serv ice
performance w ill not wa rr ant con tinua ti on, RTD an d the City wi ll co nfer on c hanges to
bring it in to conformance. Th e parties wi ll work toward ren ewa l of this Agreement for,
2009 . If RTD chooses not to renew for failure to meet service standards it sha ll notif y
the City by April 1, 2008 that it does not intend to r•new thi s Agreement for th e
following year . If this Agreement is terminated due to lack of funding bv either party in
the next year's budget cycle it shall notify the other party on or beforn December 1 and
servi ce will be t ermi nated effective January 1.
13 . Without waiving the privileges and imm unities conferred by the Colorado Governmental
Immunity Act, Section 24-10-101 et seq., C.R.S ., eac h 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 paragraph or elsewhere in this Agreement sh cl ll
he const rued AS an expressed or implied waive r by any party of its governmental
immunity or the governmental acceptance by any party of liabilities arising as a result of
actions which lie in tort or could lifl in tort in ex cess of the liabilities allowable under the
Colorado Go ve rnmen ta l Immunity Act, C.R .S. § 24-10-101 et seq .
• 14. Nothing in this 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 .
15 . No Third Party Beneficiari ss. There shall be no third-oartv beneficiar ies of this
Agr eement.
16. Financi al Obligations Subj ec t To Appropriations. This Agree ment does not contai n any
mtitiple-fiscal year financial obligations by either party that extend beyond its current
fisc~I year. The financial obligations of each party und er this Agreement shall be subject
to and limited by the ap propriation of sufficient funds th erefore by its governing body.
Funds for th is agreement hav e been budget ed, auth ori zed and approp ria t ed by the RT D
Bo ard of Directors for the 2008 fiscal year. RTD sha ll co ntribute funding to the City to
suppo rt the total operation, inc luding all expenses for transportation and fuel costs , of
the art in an amount not to exceed $273,196 in 2008. Nothing h ere in ob lig ates RTD to
budg et , au thorize or appropriate fun ds for any future fisc al yea r.
17 . The parties ag re e that , to the extenl permitted by law, all of th e oper ating co st s of th e
art and revenu es , if appli ca ble , of the art shall be treated by RTD as its "operat ing
costs" and its "reven ues collec t ed" for purposes of co mpli ance with Section 32-9-
119.7 .C.R.S.
18 . Ind epende nt Contractors. The City and RTD am no t partners or joint ve nturers as a
• resu lt o f this Agreement. Thei r relationship sliall be that of independent co ntractors.
19. Authority . The City and RTD , epresent or warrant to each other that they have all
necessary authority to ente r into this Agreement and to perform their obligations
hereunder and that this Agreement does no t conflict with any other agreement th at each
party is subjec t or to which it may be bound.
20 . No As signment. Except as otherwise prov ided in this Agreement , neithe r party may
assi gn the Agreement and /or any of its rights and obli gations hereunder without th e
w ritten consent of the othe r party.
21 . Written Amendments. This Agre emen t may be modified or amended only by a written
document duly executed by both parti es.
27. Mot ••:n &. Corresponden ce regarding thi s Agreeme nt should be sent to:
For t~u City:
City of ·n glewood
Communi ty Dev el opment Department
1000 ~"J lewood Pa rkway
Engl r-. .,ud , Colorado 8 0110
Am,· h ,cold Stitt
~)3. 76:i.2341
flv the RT;:J
r.,glr-nal Tran sportation District
1600 Bl a::e Street
Denver , Co lor3do 80202
Attn : Bruce Abel
303 .299.2839
23 . Ent ire Ag re ement. The terms and provision s of this Agreement, and its exhibits,
represent the entire understanding of the parties with re spect to the subject. matter of
this Agreement , and merge , incorporate and supersede all prior communications between
the City and RTD .oncerning that subject. No repres entations or warrant ies are made by
the City or RTD except as herein set forth .
•
•
•
•
•
•
WHEREFORE, the parties have entered into this Ag reemen t as of the date first set forth above.
REGIONAL TRANSPORTATION DISTRICT
By:G/,?/~
Clarence W . Marsella
General Manager
Regional Transportation District
Approved al to legal :orm:
Regional T:a nsporta :ion District
Marla L. Lien c-t
General Counsel
I
CITY OF ENGLEWOOD
By: ___________ _
James K. Woodward
Mayor
City of Englewood
ATTEST :
Loucrishia A . Ellis
City Clerk
• Exhibit A
a rt Ser vic e Description
Sean of Service :
Weekday-6:30 AM· 6:30 PM
Saturday-No service pro vided
Sunday-No service pro vid ed
Ho lidays-No servi ce provid ed
Service Fr eg uen cy:
Weekday every 1 5 minutes
Saturday-Not A ppl icab le
Sunday-Not Appl icable
Holidays -Not Applicable
/\nnual Revenue Hou rs:
W eekda y-6,144 • Saturday-Not Applicable
Sunday-Not Applicable
Holidays-Not Aeeli ca bl e
Total 6 ,144
•
•
•
Exh ibit B
Summary of Anticipated Operating Costs and Re ve nues
Expense -Janu ary 20C'! -September 10, 2008
art operating hours expense-
4248 hours @ 37 .56 per hour
art fu el expenses
Expense
Expense -September 1 1 , 2008 -Decembe r 31 . 2008
art operati ng hours ex pense ·
1896 hours@ 39.21 pe r hour
art fuel -xpens es
Exp ense
Expens e-September 11 , 2008 -December 31 . 2008
art opernting hours ex pense-
art fu el expenses
Total Expense
Revenue -January 2008 -Dece mber 2008
Passenger fa res based on Marc h 2007
survey
To ta l Re ve nu e
$
$
159,555
2 7 . 182
186,7 37
74,342
12,117
86,460
233,897
39 ,299
273 ,196
67 ,206
67 ,206
•
•
•
COUNCIL COMMUNICATION
Dat e: I Age nda It em: I Subject :
Feb ru ary I 9 . 2008 9 a i IGA fo r Art Shu ttl e Cos t Sha rin g
Initiat ed By: Staff Source :
Community D eve lo pment D epartment H arold ). Sti tt, Com munity D eve lop ment M ana ger
PREVIOUS COUNCIL ACTION
Council app roved an Interg ove rnm ental Ag ree ment (IGA) betwee n the City and th e Regio nal
Transporta ti on Distri ct 1RTD ) fo r fund in g o f th e En glewood Circulator Shuttl e by Ordinance 50,
Seri es of 2004 and by Ordinance 66, Se ri es of 20'17. Co uncil approved, by Moti on, in A ugu st 2004
a co ntract for trans it servi ce s with Laidla w Tran sit Serv ices and subs equen tl y ex tended this contract
by Reso lution No. 87, Seri es o f 2005, Reso lutio n N o. 77, Se ries of 2006, and by Motion on
D ecember 3, 2007.
RECOMMENDED ACTION
Staff recommends Council adopt , Bill fo r an Ordinance authorizing an In tergovernmental
Ag ree ment be tween th e City o i ,· vood and th e Regio nal Transportation Distri ct (RTD) fo r cost
sharin g fo r o pe rati o n of th e art shu ... e for 2008.
BACKGROUND AND ANALYSIS
Thi s IGA continues the ope ratio n of the art shuttle thro ugh ca le Jar yea r 2008. Under this
agree m en t th e shuttle will provide :lie same leve l o f service o perati ng M o nday thro ugh Friday, 6:30
am to 6:30 pm. Shuttle freq u ency wos c hanged fro m every ten minutes to every fifte en minutes to
reflect ac tu al o perations as indica ted in Exhibit A of th e IG A. RTD w ill rei mburse th e City 100% of
all net operatin g costs as se t forth in Exhibit B of th e IGA. N et opera tin g ex pe nses ex clud e
ad ministrati ve costs, marketing and pro m o tio na l m ateri als cost. As w ith prior ag ree ment, th e City
w ill also provide fu el to eliminate sta te and federa l gaso lin e taxe s, reducing fuel cos ts by
approxi m ately $.50 per ga ll o n . Th e City will reimburse RTD an amo unt equal to th e loca l fa res that
would ha ve bee n coll ec ted had th e shuttle o perated as a far e se rv ice rath er than a fr pe se rvice. Th e
amou nt o f th e compensa ti o n was de termined thro ugl, a survey of rid ers conducted in M arch 2007.
Th e survey res ults in dica ted the number o f rid ers th at did n o t have a b us pass or transfer and would
be subject to th e standard red uce d se nior o r student fa re. Fo r ca lendar yea r 2008, th e los t fare
amo unt equals $67,206.
FINANCIAL IMPACT
RTD w ill rei m burse th e City for all co ntrac t and fue l cos ts less 1r1e lo st fa re amo unt. For th e contrac t
p eri od th is los t fa re am o unt is $67,206 and is included in th e app rove d 2008 Community
D eve lo pment D ep artment Bu dget. Th e contract contin ues th e sam e level of se rvi ce op eratin g
M o nday thro ugh Fri d ay, 6 :3 0 am to 6 :30 pm at no cost to rid ers .
ATTAC HMENTS
Bill fo r an Ordinance
•
•
•