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HomeMy WebLinkAboutresolution.council.098-02 RESOLUTION NO. ~ (SERIES of 2002) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A TRANSIT SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND THE ASPEN HIGHLANDS COMMERCIAL METROPOLITAN DISTRICT, AND AUTHORIZiNG THE CITY MANAGER TO EXECUTE SAID TRANSIT SERVICE AGREEMENT ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council a Transit Service Agreement between the City of Aspen, Colorado and the Aspen Highlands Commercial Metropolitar~ District (Metro District), a copy of which is annexed hereto and part thereof NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves the Transit Service Agreement between the City of Aspen, Colorado, and the Aspen Highlands Metropolitan Commercial District, a copy of which is annexed hereto and incorporated herein, and,does hereby authorize the City Manager to execute said Transit Service Agreement substantially in the form as attached on behalf of the City of Aspen, including the documents appended thereto. Helen ~alil(Klan~ - I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of/~u)t~re~so, l.uti? ad,opted b~:~y~e City Council of the City of Aspen, Coloradc, ar a meeting held (.j~.~.~.e.~ ~_.~>__t9 ,2002. ' ~'. - Kathryn S. Koc~)/tj/~fty Clerk 1 C:\Horae\reso AHMD Service Agr. doc TRANSIT SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND ASPEN HIGHLANDS COMMERCIAL METROPOLITAN DISTRICT THIS TRANSIT SERVICE AGREEMENT is entered on the date hereinafter stated between City of Aspen, Colorado, a Colorado home rule city (hereinafter Aspen) and the Aspen Highlands Commercial Metropolitan District, (hereinafter Metro District). RECITALS WHEREAS, pursuant to the Subdivision Improvements Agreement For The Aspen Highlands Village, Exhibit D, Revised Aspen Highlands Village Castle Maroon and Dial-A-Ride Service Plan, dated October 15, 1998, and recorded at reception # 423271 with Pitkin County provides for formal procedures and financial assurance for the upgrade to the Castle/Maroon route and states that the service plan for the Castle/Maroon RFTA route service upgrades remain the same as outlined in the Aspen Highland Village Detailed Submission Consolidated Plan; and WHEREAS, pursuant to the BOCC Resolution #97-167, Traffic/Transit/Transportation/Parking, # 6, which identifies the requirement for the purchase and operation of one additional bus on the Castle/Maroon bus route as documented in the Aspen Highlands Village Detailed Submission Consolidated Plan; and WHEREAS the Aspen Highlands Village Detailed Submission Consolidated Plan, Appendix 2, Revised Maroon Creek Corridor Detailed Transportation Plan, recorded at reception Cf 422620 with Pitkin County identifies a Transit Service Plan and Estimated Costs for the operation of one additional bus during the winter ski season; and WHEREAS the Metro District desi~es to enter into this Transit Agreement to comply with its above stated obligations. NOW, THEREFORE, for and in consideration of the mutual covenants set forth below, the Metro DiStrict and Aspen hereby agree as follows: Scope of Services The City of Aspen and RFTA have entered into a Transit Service Agreement in which RFTA will provide municipal transit services for Aspen within and without the boundaries of Aspen along established routes prescribed by Aspen. The Transit Service Agreement between the City of Aspen and RFTA will be amended to include the Direct Maroon Creek Road (DMCR) service described in this agreement. The Metro District shall reimburse Aspen for cost of the service on the DMCR route. The reimbursement by the Metro District shall satisfy all requirements for the upgrade and operation of one additional bus on the Castle/Maroon route as documented in the Subdivision Improvement Agreement for the Aspen Highlands Village, BOCC Resolution 97-167, the Aspen Highlands Village Detailed Submission Consolidated Plan and the Revised Maroon Creek Corridor Detailed Transportation Plan. Service Schedule The DMCR route shall operate in accordance with the level of service set forth on the Service Schedule attached hereto and made a part hereof as Exhibit "A". The Director of Transportation shall request input from the Metro District on any changes to the dates of service, hours of operation and frequency for the route each year. These proposed changes will be evaluated and may be included in the Service Schedule for the following year. The Service Schedule shall be provided to the Metro District each year prior to the start of service. During the term hereof, the Service Schedule may be amended by written agreement of the Director of Transportation of Aspen and the Manager of the Metro District. Costs for Service A. The Metro District shall reimburse Aspen for the DMCR service in the amount specified on Exhibit "A" for all allocated direct, fixed, training, marketing and capital costs, incurred in providing the DMCR service. Service Promotion A. There will be a continuing effort by the Metro District through promotional materials to encourage the use of alternative forms of transportation by residents, guests and skiers. Information regarding transit service will be provided periodically by the Metro District as part of the homeowner's newsletters to residents of the Aspen Highlands Village and the Five Trees developments. Promotional materials will also be provided to visitors prior to their arrival and will emphasize the need to use alternative forms of travel and the lack of a need to use an automobile. Any promotional materials or information provided by the Metro District shall be coordinated with and copies provided to the Director of Transportation for the City of Aspen. H:\DMCR Bus Service\highlands-metro-transit-agreementl.d~c 10/I 5/2002 Term The term of this agreement shall be effective November 28, 2002 and end on April 15, 2003. The term shall coincide approximately with the ski season each year consisting of a minimum of 130 days. The term shall be automatically renewed for successive one-year terms on the effective date hereof. The charge for service each year shall be reflected on Exhibit "A" shall be modified to reflect the new charges for the DMCR services for the applicable renewal term. A copy of Exhibit "A" shall be provided to the Metro District each year. Miscellaneous Provisions A. Amendment. This Agreement may only be amended by a written agreement signed by the parties hereto. This Agreement may be amended from time to time by written agreement duly authorized and signed by representatives of the parties hereto. B. Successors. This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties. C. Severability. Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of Colorado, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement that the parties intended to enter into in the first instance. D. Adoption. This Agreement shall be effective on the approval of both the City Council of the City of Aspen and the Board of Directors of the Metro District. E. Notices. All notices, demands, statements, and requests required or permitted to be given under this Agreement shall be served in writing and shall be deemed to have been properly given or served in any event upon actual receipt, whether received or not, three (3) working days fOllowing the depositing of the same in the United States mail, addressed to a party, first class, postage prepaid, by registered or certified mail, return receipt requested, at the address set forth below or at such other address as may be designated in accordance herewith: H:\DMCR Bus Service\highlands~metro-transit-agreementl.d3~c 10/15/2002 TO: City of Aspen c/o Director of Transportation 130 South Galena Street Aspen, Colorado 81611 FROM: The Aspen Highlands Commercial Metropolitan District Care of Beach Resource Management 715W. Main Aspen, Colorado 8161I F. Conformance With Laws. Each party hereto agrees to abide by and to conform to all applicable laws of the Federal Government, the state, and any body corporate and politic having any jurisdiction over the subject matter of this Agreement. Nothing in this section contained, however, shall require any party hereto to comply with any law, the validity or applicability Of which shall be contested in good faith and by appropriate legal proceedings. G. Execution of Documents. This Agreement shall be executed in two (2) counterparts, either of which shall be regarded for all purposes as one original. Each party agrees that it will execute any and all deeds, instruments, documents, and resolutions or ordinances necessary to give effect to the terms of this Agreement. H. Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as any waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether the same or of a different provision of this Agreement. Nothing in this Agreement shall be construed as a waiver of any defense or limitation available to either party through the Colorado Governmental Immunity Act (Colorado Revised Statutes § 24-10-101, et.seq., as amendedi. I. Enforcement. Every obligation assumed by or imposed upon either party by this Agreement shall be enforceable by the other party by appropriate action, suit, or proceeding at law or equity. J. Captions. The captions of the paragraphs of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or construction of any section of this Agreement. H:\DMCR Bus Service\highlands-metro-transit-agreement1 10/15/2002 K. TABOR Compliance Notwithstanding anything to the contrary contained in this Agreement, neither Aspen nor shall have any obligations under this Agreement, nor shall any payments be made in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the RFTA Board or Aspen City Council in accordance with a budget adopted by the RFTA Board of Directors or Aspen City Council, whichever is applicable, in compliance with the provisions of the Local Government Budget law (C.R.S. §29-1-I01 et seq.), and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). H:\DMCR Bus Service\highlands-metro-transit-agreementl,~c 10/15/2002 IN WITNESS WHEREOF, Aspen and the Metro District have caused this Agreement to be executed this day of ,2002. CITY OF ASPEN: Ste~e Barwick, City Manager ATTEST: Aspen Highlands Commercial Metropolitan District BY: Gar~ger ATTEST: H:\DMCR Bus Service\highlands-metro-transit-agreementl.¢~c 10/15/2002 Exhibit A SERVICE SCHEDULE DIRECT MAROON CREEK ROAD SERVICE Route: Direct Maroon Creek Road Season: WinterSeason Dates: Nov 28, 2002 through April 15, 2003 (139 Days) Hours of Operation: 5:45 am - 12:00 midnight Approximate Headways: 30 minutes DESCRIPTION OF SER¥ICE Rubey Park to Aspen Highlands Village Direct First trip: 5:45 am Departs Rubey Park for AHV Last Trip: 1200 midnight departs AHV for Rubey Park Rubey Park Departure Times: :15 and :45 past each hour AHV Departure Times: :00 and :30 past each hour ESTIMATED COST OF SERVICE Cost for 2002: Nov 28- Dec 31. 2002 (34 days) = $38.811.00 Estimated Cost for 2003: Jan, Feb, Mar, Apr 1-15. Dec 1-31,2003 (139 daysl =$158.668.50 This is an estimated cost based on 2002 RFTA costs This estimated cost will change based on RFTA 2003 costs and will be reflected on invoices for 2003 The Metro District will be invoiced annually for the service Invoiced amounts will be due to the City Of Aspen within 30 days The cost of service will change annually and will reflect RFTA costs for transit service to the City of Aspen for that year based on City of Aspen Transit Service Agreement with RFTA. PROMOTIONAL MATERIALS The Metro District is to provide a continuing effort to promote transit service to reside,nts, guest and skiers through promotional and informatic hal materials copies of which are to be coordinated with and orovided to the Director of Transportation H:\DMCR Bus Service\h gmands-merro4rans~£-8 ~reementl.~c 10/15/2002