HomeMy WebLinkAbout2004 Ordinance No. 050•
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ORD INANCE NO . W
SER IES OF 2004
BY AUTHOR ITY
CONTRACT, NO,
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COUN CIL BIL L NO . 49
INT RODU CE D BY COUNCIL
MEMBER MOORE
AN ORDINANCE AUTHORIZING THE "INTERGOVERNMENTAL AGREEMENT"
EN TI TLED "AGREEMENT FOR ENGLEWOOD SHUTrLE CMAQ FUND ING 2004-
2006 BETWEEN THE REGIONAL TRANSPORTAT ION DISTRI CT (RTD) AND THE
CITY OF ENG LEWOOD , COLORADO.
WHEREAS , the City of Englewood des igned the Englewood Shuttle to provide
circulator shulllc service in the general area of the Englewood City Center, downtown
Englewood and the Swedi sh/Cra ig Medical Center ; and
WHERE AS, this servic e will provide mobility and access to the commercia l area s in
and around the vicinity of the Eng lewood City Cen ter light rail station, downtown
Eng lewood and the Swedish/Craig Medical Complex; and
WHEREAS , RTD provides bus service to and through the Englewood City Center area
and th e area in and around downtown Englewood and the Swedish/Craig Medi ca l Complex;
and
WHEREAS, RTD and the Ci ty of Englewood agree that the se services will
complement each other and provide att ractive and effective trans it service for peop le
working and shopp ing in the area surro undin g the Englewood City Ce nter; and
WHEREAS , the City Council of the City of Englewood , Co lorado approved
application to the Denver Regional Council of Governments (DRCOG) Congestion
Mitigation Air Quality Funds for operation of a Circu lator Shutt le in November 2002;
and
WHEREAS, in November 2003 the DRCOG and the RTD approved th e 2004 CMAQ
and STP-Mctro funds to be transferr ed from the Federal Highway Administration to the
Federal Tran sit Administration fo r use by RTD as specified in the DRCOG 2003 -2008
Transportation Imp rovement Program ; and
WHEREAS, due to federal funding constraints on CMAQ funds, notice of re lease of
this funding was not co nfinn cd until early 2004; and
WHEREAS, recei vi ng 80% of the project co sts from CMAQ require s a 20 % loca l
match ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY
OF ENG LEWOO D, COLORADO, AS FOLLOWS :
~-The City Counc il of the City of Eng lewood, Co lorado hereby authorizes
the "Intergovernmental Agreement" be tween the Region al Transportation Di strict
(RTD), attached heret o as Exhibit A, enti tl ed "Agreement for Englewood Shuttle CMAQ
Funding 2004-2006 .
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~-Thi s Ordinance appropri.ics the C MAQ funds (80%), RTD funds ( 10%)
and th e Ci ty of Eng lewood, ommun ity Develo pment fund s (10%) for th e abm1c
described proj ect.
~-Th e Ma yor an d Ci ty Cle rk arc auth orized to exec ute and att est sai d
Int ergovernmen tal Agree ment fo r and on behalf of the Ci ty of Englewood .
Introduced , read in full , and pa ssed on first re ndin g on the 2nd day of Aug ust, 2004 .
Publi shed as a Bi ll fo r an Ordina nce on the 6'h day of Augu st, 2004.
Read by titl e and passed on final reading on the 16th day of August, 2004.
Published by titl e as Ordin ance No.~. Se ri es of 2004 , on th e 20th day of
August , 2004.
I, Lo ucri shia A. Ell is, Cit y Clerk of the C it y o f Englewood, Colorado, here by
certify th at th e above an d fo regoing is a tru e coRJ:'..1)f th e Ordin a e passed on fi nal
reading and publi shed by titl e as Ordinance No . ~. Serie of 4 .
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AGREEMENT fo r ENGLEWOOD SHUTTLE CMAQ Fu nd ing
2C04-2006
This Agreement is made this ..J 3..) day of ...J .J, . 2004, between the Regiona l
Transportatio n District, a political subdivisio~e stat e of Colorado o rga niz ed
pursuant to the Regio nal Tran sportation District Act, C.R.S . 32-9-101 , et . Seq .,
(hereafte r "RTD "), and the City of Englewood , Colorado (hereafte r "City"). a
Col ora do home rule cit y for funding and operation of t he En g lew oo d Shuttle in the
area of t he En glewood City Center in the City of Englewood , Colorado .
RECITALS
1. City has designed t he Engl ewood Shuttle to provide circ ulato r shuttle service in
t he general area of the Englewood City Center, downtown Engl ewood and the
Swedis h/Craig m edica l ce nter. The purpose of ,i,;, serv ic e is t o pro vide mobili ty
and acce ss to the commerci al areas in and around the vici nity of t he Engl ewood
City Center light rail station, downtown Eng lewood and the Swedish/Craig
medical co mple x.
2. RTD also provides bus serv ice to an d t hrough the Englewood City Center area
and t he area in and arounJ downtown Englewood and the Swedish/Cr aig
medical com plex . RTO and City agree that the se services are complementary to
providing attractive and effective transit service for people working and
sh opping in th e area surrounding the Englewo od City Ce nter.
3. It is in the interest of the partie s t o pursue the implementatio n and operation of
the Englewood shuttle se rvi ce t hrough fu ndin\l by t he City and RT D as set forth
herei n.
Now, Th erefo re, in co nsideration of t he prom ises and o bli gations se t fo rth here in ,
the parties agree as follows:
1. City has bee n allocated federal fu nding through the Congestion
Mitiga tion and Air Quality lmprovemert ICMAQ) program authorized
pursua nt to t he Transportation Eq u it y Act for t he 21 " Century ITE A -21I
fo r the purposes of funding Englewood shuttle service in the area of the
Eng lewood City Center. downtown Eng lewood an d the Swedish /Cra ig
medical complex. Such funding amounts to $ 2 1 2. 160 in fede ral FY
2004, $220,646 in federal FY '05 and $229,472 in federa l FY '06 fo r a
total of $662,278 in CMAQ funds .
2 . RTD is an eligi ble reci pient and has abi lity to use all federal gran t funds
author iz ed pursuant to 49 U.S.C. sectio n 5309.
3 . By exec ution of this Agreement , City waives any right t o rece ive the
afore-mentioned CMAQ grant funds pursuant to 49 U .S.C . sectio n 5309
in FY 2004-2006 and assigns RTD those CMAQ funds for Englew ood
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shuttle service for eligible .v jects from the Fed eral Tran sit •
Administration (FTA) dire c ·I . if necessary , City w ill prepare a lette r to
the Denver F,_gional Council of Governments (DRCOG) and/o r FTA
affirm atively st ating its /their int ent to relinquish the CM A Q funds to RTD .
4 . In co n si deration of t he release of these funds, RTD agrees to provide
funds to City in an amou nt eq ual to federal CMAQ funds received by
RTD in a total amount not to excee d $662 ,278 according to the
following payment sc hedule :
FY 2004•
FY 2005 ·
FY 2006-
$212 ,160
$220,646
$229,472
5 . RTD will make funds available to City for support of Englewo od shuttle
service . By virtue of this Agreement . City will receive lo cal funds and will
have no federal contractual or reporting obligations. Funds made
available by RTD ro City in exc hange for release ot CMAQ funds will be
on ly in amounts equal to those made available to RTD under an approvad
grant from FTA , provided that RTD sha ll take all steps necessary t o apply
for and contract for such funds. In th e event that RTD receives less than
anticipated amounts set forth in paragraph 4 herein, RTD shall pay to
City only the amount that RTD actually receives on an annua l basis.
Nothing shall obligate RTD to advance any future year grant funds .
6 . RTD will pay City the full amounts of FTA funding released by City and
re cei ved by RTD pursu ant to t his Agreement, prov id ed that City presents
invoi ces and verified sta t e ments of ex penses in keeping with
Attachments A and B, description of se rv ice and anticipated operating
costs and revenues respectively. City will file annual budgets with RTD
for Englewood shuttle related capital and operating costs for 2004
through 2006 .
7 .
City, or its Agent(s), shall invoice RTD not more than monthly, nor less
often than quarterly , for act ual costs incurred in the provision of
Englewood shuttle :;er vict:=, providing a summary, as agreed, of expenses ,
revenues, service hours, mileage and the number of passenger boardings
generated as a result ot pro vidi ng Englewood shuttle service . RTD shall
pay all approved invoices within thirty days of rece ipt. It RTD does not
approve an invoice fro m City or its chosen Agent(s), a written
explanation of disputed items will be se nt within 10 days of RTD 's
receipt of the invoice.
City sha ll be solely re sponsi bl e to own , operate and /or riaintain all
projects and capital items funded by this Agreement. Noth ing co ntained
herein a t-lig ates RTD to implement service , acquire vehicles , facil it ies,
equipment or prope rty , or mai nta in any se rvice, vehicles, fac ilities ,
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• equipment o r p roperty as a resu lt of t his Agree men t . Nothing herei n
o b ligates R7 D to provide any future fu nd ing for any service implem ented
or vehic le s, fac ili t ies, equipment or property implemented o r ac quired as
a re sult hereof . RTD is no t a provi der, sponsor o r granter o f City serv ice .
Th is Ag reement is sole ly for t he purpose of excha nging federal gra nt
funds fo r loca l funds.
8 . City or its de sign ees shall be sol ely responsible for hiring and sup ervision
of the employees who o perate the Englewood shuttle se rvice. Th e RTD
shall ha ve no responsibility for, nor authority or co ntrol with respect to,
the supervision and management of t he drivers and other employees who
work in co nnection with the Eng lewo od sh uttle service.
9 . The partie s agree that t he RTD shall have no liability to t hird pa rties
ar ising out of t he o peratio ns or mana gement of the Englewood shuttle, or
any other City servic e, and the City sh all have no li ability to t hird parties
arising au , of the operations or management of any RTD se rvices. Ci ty
shall ca use RTD and its officers and em pl oyees to be nam ed as additional
insured on all insurance polic ie s for t he op erations of th e Engl ewood
shuttle .
10. Without waivi ng t he privi leges an d immunitie s con ferred by the Colorado
Governmental Immunity Act , Section 24-10-101 et seq., C.R .S., eac h
party shall be re sponsible for 1ny claims , demands or suits arising ou t of
its own negligence. It is specifically understood ana agreed that nothing
c ontained in this paragraph or elsewhere in this Agreement shall be
constr~:r.d as an ex presse d or implied waiver by any party of it s
govern:nnnta l immun ity or l ·•e governmenta l acce ptancf'! by any party of
lia bilities aris ing as a res ult of a .. ti ons w hich lie in tort or coul d li e in tort
in exces s of the liabil ities al lowable under t he Colorado Governmental
Immu ni ty A ct, C .R.S. § 24-1 0 -10 1 et se q.
1 1. Nothing in this Ag reement shall be cons trued t o li mit RTD 's righ t to
es t ab lish route s or services or perfo rm anv fu nctio ns autho rized by
C.R .S. § 32-9 -101 , et . seq.
1 2. There shall Je no t hird -party be nef iciar ies of this Agreement.
13 . This Agreement does not co nt ai n any multiple -fiscal year financ ial
ob ligations by either party th at ex t end beyond its current f iscal yea r.
The fin anc ial o bligations o f each party u nder this Agreem ent sh all be
subject to and limited by t he appropr ia tion of •Jufficien t funds therefo re
by its governing bo dy . Funds for thi s agreem ent ha v e bee n budg ete d,
autho rized and appropriated by the RTD Boa rd o f Directors for the 2004
fiscal year . Nothing he rei n o bl iga t es RTD to budge t , authorize or
appro pr iate fund s for any lutu re fis ca l ye ar. In t he eve nt that lunds are
not app rop riated fo r su bse quent years , RTD will in fo rm City in writ ing
and no additional funds will be paid by RTD to City . In such event this
Agreement will terminate when RTD has received CMAQ funds in an
amount equal to the funds it has paid to City and the parties will have no
further funding obligations to one another.
14 . The City and RTD are not partners or joint venturers as a result of this
Agreement.
15 . The City and RTD represent or warrant to each ott1er 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 p a,w is subject or to which it may be bound .
16 . Except as otherwise provided in this Agreement , neither party may
assi gn the Agreeme nt and/or any of its rights and obligations hereunder
without the wrinen consent of the other party.
17, This Agreement may be modified or amended only by a wrinen
document duly executed by both part•P.s.
18 . Correspondence regarding this Agreement shall be sent to:
For City:
City of Englewood
Community Development Department
1 000 Englewood Parkway
Englewood, CO 80110
Ann. Lauri Dannem iller, Senior Manager
For the RTD:
Regional Transportation District
1600 Blake Street
Denver, CO 80202
Attn : Bruse Abel , Assistant General Manager, Contracted Service s
19. The terms and provisions of th is Agree ment, and its exhibits , represent
the entire understanding of the parties with respect to the subject maner
of this Agreement, and merge , incorporate and supersede all prior
communications between the City and RTD concerning that subject. No
repre sentations or wa rrantie s are made by the City or RTD exce pt as
herein set forth.
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WH,REFORE, the parties have entered into t his Agreement as of the date first se t
forth abo ve,
REGIONAL TRANSPORTATION DISTRICT
General Manager
Regional Transportation District
Approved as to legal form :
Reg ional Transportation District
Marl at l. Li;,;----
Asscfcia te General Couns el
CITY OF ENGLEWOOD
By :_,.---::---------
Douglas Garrett
Mayor
City of Englewood
ATTEST :
Secretary
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Attachment A
Englewood shuttle Service Description
2004
Span of Service:
Monday-Friday
Saturday-
Sunday-
Service Frequency :
Weekday-
Saturday-
Sunday-
Annual Revenue Hours:
Weekday !Monday-Friday)-
Weekend -
Holidays-
Total
6 :30 AM-6 :30 PM
n/a
n/a
every 1 0 minutes
n/a
n/a
6,120
n/a
n/a
6,120
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Attachment B
Summary of Anticipated Operating Costs and Revenues
For the Years 2004-2006
Expense:
Englewood shuttle operations-
Fuel
Contract management
Planning/Marketi ng
Total Expense
Revenue:
Passenger fares
CMAQ funding
Local Match (20%)
Total Revenue
Sources of Local Match :
City of Englewood ( 10% local match)
RTD ( 10% local match)
Total Local Match
18 ,360 hours • $34.86/hr $640,030
$ 36,930
$ 39,340
$111,546
$827,846
$ 0
$ 662 ,278
$165 ,568
$ 827,846
$ 82,784
$ 82,784
$165 ,568
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COUNCIL COMMUN I CATION
Dale : Agenda Item : Subject:
August 2, 200.J 11 a i Ag ree ment for Englewoo d Shullle
CMAQ Fundin g
Initiated By: Staff So urce :
Co mmunity Deve lop ment Depa rtmen t Lauri Dannem ill er,
Co mmunity Deve lopm ent Manage r
PREV IOUS COUNC IL ACT ION
In Novemb er 2002, Cou ncil app , ,plica ti o n to th e Denve r Reg ional Co un cil of
Gove rnm ents (DRCOG) Conges tion /v ,, Dati on Air Q uality (C M AQ) fu nds fo r ope ration of
a Circulator Shulll e. In November 2003, th e DR CO G and th e Reg io nal Tr anspor tati on
Di stri ct (RTD) app rove d th e 2004 CMAQ and Su rface Tr anspo rt ation Program (STP ) M etro
funds to be tr ansfe rr ed fro m the Federa l Highway Admin istr ati on to th e Fed eral Transit
Ad mini stration fo r us e by RTD as spec ifi ed in th e DRCOG 200 3-20 08 Transpor tation
Im prove men t Pr og ram. Due to fede ral fund in g co nstrai nt s on CMAQ funds , notice of
release of thi s funding was not con firm ed until ea rl y 20 04 .
RECOMMENDED ACTION
Staff reco mm end s th at Ci ty Co un ci l adop t a bill fo r an ordin ance approvin g an ag ree ment
between the RT D and th e City for ope ration of the Engl ewood Shuttle as detail ed in th e
allac hed agree ment. Th e approva l prov id es fo r $662,278 in CMAQ funding ove r thr ee
yea rs (2004-2006), fo r Eng lewoo d Cir cul ato r Shullle Pr ojec t #2003-093. Rema inin g
expe nses w ill be shar ed by th e City and RTD.
BACKGROUND AND ANALYSIS
Plannin g and feas ib ility stu dies for th e Circu lato r Shullle have been und erw ay since ea rl y
1999. Fo ll owi ng two studies indi ca tin g appropriate de mand fo r a ci rcu lato r sh uttl e, fun din g
for th e pro jec t was initi ated w ith D RCOG thr ough th eir CMAQ fed eral fu nds. Noti ce of
th e awa rd ini ti ated an imp leme nt ati on plan w hi ch has bee n und erway, in coor din ati on w ith
RTD, for ove r tw elve mon th s .
Receivi ng 80% of th e proj ec t cos ts fr om CMAQ req uires a 20% loca l match. In thi s
proj ec t, month ly in voice s w ill be submitted for reim bu rse m ent to RTD up l o 90% of th e
bud ge t cos ts, (80% CMAQ/10% RTD ) w it h the balance of expenses provid ed by th e City.
Yea r #1 es tim ated cos ts arc $2 82,176. Alth o ugh th e ag ree ment does no t create any
multiple fi sca l ye ar obli gat ions fo r eith er pa rt y, it is ass um ed, providing federal funds are
ava ilable, that thi s co nt ra ct w ill b e renew ed o n an annu al basis w ith RTD fo r two add iti o nal
ye ars.
Shuttl e ope rati ons w ill begin Sep tember 7, 2004. Two b rand new Eld orado Na ti o nal
shuttle buses, 16 pas se nge r capaci ty (2 wh ee lchair ti e-downs), w ill ci rcul ate throughout
Ci tyCenter Eng lewood, downtown Eng lewood, and th e Swedis h/Craig/M eridi an Co mplex
fr om 6:30 am thro ugh 6 :30 pm. Mond ay th ro ugh Frid ay, excep t maj or holidays . Both th e
operati o n of th e shuttle and vehicl es w ill be suppli ed by Laidlaw Transi t Services In c., as
detail ed in a co ntract p rese nted to Coun ci l on A ugust 2, 2004, foll owin g approva l of thi s
fun di ng.
FINANCI AL IMPACT
Fin anci al im p3r.t to th e City is proj ec ted to be app rox im ately $2 8,2 17 in Yea r #1 (Sept
20 0 4-A ug 20051• Proj ec ted future cos ts ar e $27,213 in Year #2 (Sept 200 5-Aug 2006),
and $276,1 77 in Year #3 (Se pt 2006-A ugu st 200 7). The Community Deve lopment
Departm ent has bud geted fo r these co sts in 2004 and will req ues t future fu ndin g to cover
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ATTACHMENTS
Res o luti on
Agr ee ment for En glewood Shuttle CMAQ Fundin g
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