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HomeMy WebLinkAbout2007 Ordinance No. 066• CON'IMCI: NO, i~...J..~7 ORDINANCE NO .~ SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING THE INTERGOVERNME"IT AL AGREEMENT ENTITLED .. AGREEMENT i.'.TD & CITY OF ENGLEWOOD COST S:iARING FOR THE ART' 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 . 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 Englewood City Center, downtown Englewood and the Swedish/Craig Medical Center; and WHEREA", this service provides mobility and access 10 the commercial areas in and around the vicinit y of the Englewood City Center li ght rail station. downtown Englewood and the Swedish/Craig Medical Center; and 9 b vi • WHEREAS , RTD provides bu s service to and through the Englewood City Center area and the • orea 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 surroun ding the Englewood City Center; and WHEREAS , the City Council of the City of Englewood, Colorado approved application to the Denver Regional Council of Governments (DRCOG) C'r ngestion 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 2004 CMAQ and STP- Metro funds to be transferred from the Federal Highway Administration to the Federal Transit Administration for use by RTD as specified in the DRCOG 2003-2008 Transportation Improvement Program; and WHEREAS , the passage of this proposed Ordinance will provide the same level of service from September 10, 2007 through December 31, 2007; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~ The City Cow1cil of the City of Enalewood, Colorado hereby authorizes the IGA • entitled "Agreement RTD & City of Englewood Cost Sharing For The Art " between the Reaional Transportation District (RTD) and the City of Er glewood, Colorado, as attached hereto as Exhibit A. ~-The Mayor Pro Tern and City Cler~; are authorized to execute and attest said Int crgov ernmr.1tal Agreement for and on behalf of the City of Englewood. Introduced. read in full , and passed n first reading on the I 5th day of October, 2007 . Publ is hed as a Bill for an Ordinance on the 19~ day of October, 2007 . Read by title and passed on final reading on the 5th day of November, 2007 . Published by title as Ordinance No .~ Series of 2007 , on the 9th day of November, 2007. I, Loucrishia A. Ellis , Ci ty Clerk of the Ci ty of Englewood , Co lorado. hereby cenify that the above and foregoing isi' yue copy of the Ordinance pa ssed on final reading and published by title as Ordinance No(/1fll., Series of 2007. • • • • • AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART This Agreement is made this ( .:~ day of 11 ,, .. , .• ,, 2007, between the Regional Transportation District, a political subdivision of the state of Colorado organi:ed pursuant to the Regional Transportation District Act, C.R.S . 32-9-101, et . Seq ., (hereafter 'RTD "). and the City of Englewood, Colorado, a Colorado home rule city (hereafter "the City "). RECITALS 1. The City has funded and operated circulator bus service (the "art") within the Englewood area since September 2004 . This serv ice prov ides mobility and access from the Englewood Civic Center to Swedish Medical Center and Craig Hospital along Englewood Parkway and Old Hampden Avenue . 2 . RTD elso provides light rail and bus service in this area of Englewood . RTD and the City agree that these services are complementary to providing attractive and effective transit service for people working and living in this area of Englewood . 3. It is in the interest of the parties to ensure the continuation of the art shuttle through joint funding by the City and RTD as set forth herein. Now , Therefore , in consideration of the promises and obligations set forth herein , the parties agree as follows: CONDITIONS 1. The City shall continue to manage and operate the art shuttle . 2 . Designated RTD and City representatives shall implement this Agreement and report progress to the respective boards. City and RTD staff will confer on marketing and service development and regularly exchange relevant information . Changes proposed to the art service will be coordinated with, and addressed as part of the routine RTD service change process . 3 . art route , service hou rs and frequency of service currently are as shown on Exhibit A . 4 . The term of this Agreement shall begin on September 10, 2007 and •hall expire on December 31, 2007 . The parties may thereafter, by written agreement, renew the agreement for successive period of one year each . Nothing herein obligates RTD or the City to make funds available for or to renew this Agreement in any future fiscal year . 6 . The City and its Agentls) shell develop and implement art marketing and promotional materials and activities at their sole coat . RTD staff will review and comment upon proposed marketing strategies and materials . RTD shall include current art brochures and promotional materials at appropriate information/customer serv ice centers. • • • 6. 7 . 8. 9 . Speclflc1tlon1 for marketing m,terlel shell be approved by the RTD to ensure compatlblllty with RTD dl1pl1y c1p1blllty . The RTD cu1tomer aervlce telephone Information center will provide up-to-date ert aervlce end 1chedule Information . The City 1hell maintain ell art 1lgn1 end sign po1t1 . Tho City shall be re■pon ■lble for all additional co1t1 on service hour ■ that exceed regularly scheduled service hours •• shown In Exhibit B if authorized by the City . Additional service hours would include operating the art shuttle for City special events and holidays et the City's authorization. City recognizes that RTD has a standard fare structure that is applied to all services that RTD operates or participates in funding . RTD recognizes that the City does not currently charge passengers for the art shuttle . The City chooses to continue to operate the art as a fare-free service . The RTD in cooperation with the City performed e survey in March 2007 that determined the average fare that would have been collected had the art utilized the RTD Denvor local fare . For the first year of operation, this number has been established at $72,311, prorated at $22,402 for the term of this agreement . Nothing in this agreement shall prevent the City from collecting contributions or leas from entities within the city , such as special improvement districts or local foundations , to help defray the cost of the art services borne by the City . RTD shall not be party to the assessment or collection of such special fees or contributions and shall not receive any direct allocation of or cred it for such special fees or contributions collected by the City . The City , as in their management role, will continue to provide fuel for the art shuttle. Fuel expenses will be itemized on all invoices for reimbursement. RTD shall pay to the City as funding for the operation of the art services , an amount equal to 100% of the net cost of operating the art service ("Net Cost "). Net Cost shall be defined as art operating cost, including fuel, less estimated farebox revenue . See Exhibit B for cost breakdown . art operating costs will not include any City administrative costs . 10. City shall invoice RTD for 100% of the Net Cost of service on a monthly basis, providing a summary, as agreed , of axpenses, passenger boardings, service hours and mileage . The City will deduct $5600.50 per month as anticipated fare revenue on a monthly basis. RTD shall pay all approved invoices within thirty a ,ys of receipt . If RTD does not approve an invoice from the City, a written explanation of disputed items will ba sent within 10 days of RTD's receipt of the City invoice . 11 . City will maintain full and complete financial records for the operation of the art including information on the number of pa11enger boardings provided on the art. The City shall make these records available to RTD for audit. National Transit Databese ("NTD") data shall ba kept in accordance with FT A requirements end shall be reported as part of RTD's NTD submission. • 12 . art performance will be a11a11ed during the contract term to determine If performance expectation, have been met and to determine If con1ideratlon of a future coat sharing Agreement la warranted. Performance will be evaluated In term1 of p111enger1 per revenue hour of aervlce and au baldy per passenger . If It appear, that aervice performance will not warrant continuation, RTD and the City will confer on changes to bring It into conformance. The parties will work toward renewal of thlo Agreement through September 30, 2009. If RTD chooses not to renew for failure 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 terminated due to lack of funding by either party in the next year's budget cycle it shall notify the other party on or before December 1 and service will be terminated effective January 1 . 13. Without waiving the privileges and immunities conferred by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S ., 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 paragraph or elsewhere in this Agreement shall be construed as an expressed or implied waiver 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 lie in tort in excess of the liabilities allowable under the Colorado Governmental 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 Beneficiaries. There shall be no third-party beneficiaries of this • Agreement . 16. Financial Obligations Subject To Appropriations . This Agreement does not contain any multiple-fiscal year financial obligations by either party that extend beyond its current 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 have been budgeted, authorized and appropriated by the RTD Board of Directors for the 2007 fiscal year. RTD shall contribute funding to the City to support the total operation, including all expenses for transportation and fuel costs, of the art in an amount not to exceed $85,362 in 2007. Nothing herein obligates RTD to budget, authorize or appropriate funds for any future fiscal yaar , 17. The parties agree that, to the extent permitted by law, all of the operating costs of the art and revenues, if applicable , of the art shell be treated by RTD as its •operating costs• and its "revenues collected" for purposes of compliance with Section 32-9- 119.7 .C.R .S. 18. Independent Contractors . The City and RTD are not partners or joint venturers as a re■uit of this Agreement . Their relationship shall be that of independent contractors. 19. Authority. The City and RTD represent or warrant to eech other that they have all necessary authority to en ter into th is Agreement and to perform their obligations hereunder and that this Agreement does not conflict with any other agre~ment that each party Is subject or to which it may be bound . • 20. No A11ignment . Except aa otherwise provided in this Agreement , neither party may assign the Agreement and/or any of Its rights and obligations hereunder without the written consen t of the other party . 21 . Written Amendments . Thia Agreement may be mo dified or amended only by a written document duly executed by both parties. 22 . Notices . Correspondence regarding this Agreement should be sent to : For the City : City of Englewood Community Development Department 1000 Englewood Parkway Englewood , Colorado 80110 Attn : Harold Stitt 303. 762 .2341 For the ATD Regional Transportation District 1600 Blake Street Denver, Colorado 80202 Attn : Bruce Abel 303 .299 .2839 • 23. Entire Agreement. The terms and provisions of this Agreement , and its exhibits , represent the en t ire understanding of the parties with respect to the subject matter of this Agreement, and merge , incorporate and supersede all prior communications between the City and RTD concerning that subject . No representations or warranties are made by the City or RTD except as herein set forth . • • WHEREFORE, the parties have entered into thia Agreement aa of tl•e date first set forth above. • • REGIONryANSPORTATION DISTRICT By :(.<{.///~~· CITY OF ENGLEWOOD Clarence W . Marsella General Manager Regional Transportation District Approved as to legal form : Regional Transportation District / ._/~? = s Marla L. Lien , General Counsel ard od ,}:.~: .. •·:""""•:·<. 00' fl• · ·, ~ /( 0 • Exh ibit A art Service Description S(!!n of Service : Weekday-6 :30 AM-6 :30 PM Saturday-No service provided Sunday-No serv ice provided Holidays-No serv ice provided Serv ice Fraguenc~: Weekday every 1 6 minutes Saturday-Not Appli cable Sunday-Not Appl icable Holidays-Not Applicable Annual Revenue Hours : Weekday-6 ,120 • Saturday-Not Appli cab le Sunday-Not App li cab le Holidays-Not App li cable Total 6 ,120 Exhibit B • Summery of Anticipated Operating Co1t1 and Revenues • Expen11· September 2007 December 2007 art operating hours expenll- 1,896 hours @ 37 .56 per hour art fuel expenses Total Expense Revenue-September 2007 -December 2007 Passenger fares based on March 2007 survey Total Revenue • $ 71 ,214 $ 14 148 $ 85,362 $ 22,402 22,402 • • • COUNCIL COMMUNICATION Date : October 15, 200 7 Initiated By: I Asenda Item: 11 a i Community De velopment Department PREVIOUS COUNCIL ACTION I Subject: IGA fo r Art Shuttle Cost Sharing I Staff Source: Harold J. Stitt , Commu ni ty De velopment Manager Council appro ved by Ordinance 50, Series of 2004, an Intergovernmental Agreement (IGA) between the City and the Regional Transporta ti on Di strict (RTD) for funding of the Englewood Circulator Sh,,n le for 2004-2007 . Council approved by Motion, in Aug ust , 2004 a co ntract fo r transit services with Laidlaw Transit Services and subsequen tl y extended this contra ct by Res olution No. 87, Series of 2005 and Resoluti on No. 77 , Series ~f 2006 . RECOMMENDED ACTION Staff recommend s Counci l adopt a Bill for an Ordinanc e authorizin g an Interg ov ernm ental Agreemen t between th e City of Englewo od and the Regi onal Transp ortati on Dis tri ct (RTD) fo r co st sha rin g for operation 0 1 the art shuttl e th roug h th e end of 200 7. BACKGROU~:., ANO ANALYSIS ,his IGA conti nues the opera tion of the art shuttl e through the end of 200 7. Under this agreement the ,'iuttle will provide the same level of service operat in g Monday through Friday, 6:30 AM to 6:30 ?M . Shuttle frequency was cha ng ed from every ten minutes l o every fifteen minutes to reflect act ual operations as indi ca ted in Exhibit A of the IGA. RTD wi ll reimburse the City 100% of all nel operath,g costs as set forth in Exhibit B of the IGA . Net operating exp enses excl ud e adminis trative costs , marketing and promotional materials cost As wi th prior agreemen t th e City will also provide fuel to eliminate state and federal gasoline laxes, reducing fu el costs by app roximately $.SO/gallon . The City will reimburse RTD an amo unt equal 10 the local fares that would have been co lle cted had the shuttle ope rated as a fare service rather mat free service. The amount of the compe nsati on wa s determined thro ugh a survey of riders co ndu cted in March 2007 . The survey res ults indicated th e number of riders that did not have a bus pass or transfer an d would be subject to the ·ta ndard, reduced senior or student fare . For the balance of 2007 the los t fare equals $22,40: FINANCIAL IMPACT For the balance of 2007, RTD w ;II reimburse the City for art shuttle expenses totaling $85 ,362 and the City will reimburse RTD $22 ,402 for lost fares . The reimbursement to RTD will come from the 2007 Community Deve lopment Department budget. ATTACHMENTS • BIii for an Ordinance • •