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Home My WebLink Aboutresolution.council.067-93 ~-" .' ~- "e I,' \'1; ~, '11.', \ ct'O: RESOLUTION NO. roq- (serieo; of 1993) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, RATIFYING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF TRANSPORTATION SERVICES BY THE ROARING FORK TRANSIT AGENCY WITHIN GARFIELD COUNTY, COLORADO. WHEREAS, the Roaring Fork Transit Agency (RFTA) has present- ed to the Aspen City Council a proposed intergovernmental agree- ment allowing for the provision of transportation services by RFTA within Garfield county, Colorado; and WHEREAS, Section 13.5 of the Aspen Home Rule Charter autho- rizes the City Council to enter into intergovernmental agreements by resolution; and WHEREAS, pre-existing agreements establishing RFTA and authorizing RFTA transportation services within multiple politi- cal jurisdictions require intergovernmental agreements between the several cooperating and participating jurisdictions; and WHEREAS, the city Council finds it is in the public interest to approve the proposed intergovernmental agreement as attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the intergovernmental agreement as proposed by RFTA between RFTA, the County of Garfield, the Board of County Commissioners of Pitkin County, and the City of Aspen, and which authorizes the provision of transportation services by RFTA within Garfield County, a copy of which is attached hereto as Exhibit "A" and incorporated herein, is hereby approved, rati- ,- Ie;", "~I \~- e fied and adopted and the Mayor shall execute same on behalf of the city of Aspen. RESOLVED, APPROVED AND ADOPTED this ~~ day of ~ , 1993, by the city council for the City of Aspen, Colorado. John ~ 'j~ (3~... ~ ; Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the city of Aspen, Colorado, at a meeting held ~ ~7 , 1993. jc917.1 2 (It INTERGOVERNMENTAL AGREEMENT FOR TRANSIT SERVICES if It. ' <::J THIS AGREEMENT made and entered as of the ,- day of ...Jep-rembe-I<.. , 1993, by and between the ROARING FORK TRANSIT AGENCY (hereinafter "RFTA") and the COUNTY OF GARFIELD, STATE OF COLORADO, by and through the Garfield county 'Board of county commissioners (hereinafter "Garfield"), with the approval of, the City council of the city of Aspen, and the Board of County commissioners of pitkin County. ' WIT N E SSE T H: WHEREAS, by Intergovernmental Agreement dated November 21, 1983, as amended by that supplemental Agreement dated November 21, 1983; as amended by that Amendment to'Intergovernmental Agreement dated January 23, 1984; and as amended by that Amended Intergovernmental Agreement for Transit Agency dated June 9, 1986 (hereinafter all said Agreements and Amendments to be referred to collectively as "Intergovernmental Agreement"), the city of Aspen, Colorado, and the Board of county commissioners of pitkin county, Colorado, formed and constituted the Roaring Fork Transit Agency to establish an organizational framework to provide public transportation throughout pitkin County and its environs, to provide an alternative to the private automobile, and to create _and operate a viable transportation service to assist in carrying ,. out environmental and conservation policies for, the benefit of ~ the inhabitants, visitors and environments of the City of Aspen and count~ of pitkin. ' WHEREAS, Political subdivisions and governmental entities in the st~~ dr.Colorado are authorized to contract and cooperate with orie" another to develop, maintain and operate mass transit systems by virtue of Sections 29-1-20l et~, 30-ll-l0l(1) (f), 31-15-711(1) (g), Colorado Revised Statutes, and Article XIV, section 18 of the Colorado constitution. WHEREAS, pursuant to Section 30-11-l01(1) (f), colorado Revised Statutes, pitkin County and Garfield County have regulatory authority with respect to mass transportation systems. By entering into thi.s Agreement with RFTA, Garfield desires to both exercise its own authority and to defer to pi.tkin County's regulatory authority to the extent of this Agreement including, but not limited to, the authority of counties to establish fees, rates, charges, and to receive contributions and other support from public entities to defray the cost of operating such systems. Further, by approving this Agreement, the city of Aspen also desires to acknowledge and defer to pitJein County's authority pertaining to the provision of transportati.on services within and to Garfield County by RFTA as set forth in this Agreement. ' ., , -I' I"~ (8 1 (A '_e NOW, THEREFORE, derived herefrom, in consideration of the mutual benefits to the parties hereto agree as follows: I. statement of Purpose . Tlj",\..pu':t1pose of this Agreement is to s,et understhnding and intent of the parties with ~rovision of transportation services by,RFTA and visitors of Garfield County. ' . .~. " forth the 'respect to the to the inhabitants II. Transportation services In lieu of providing its own transportation services within the boundaries of the county of Garfield, 'Garfield hereby authorizes and permits RFTA to provide such services (the same as if provided directly by Garfield) to visitors and inhabitants of the county of Garfield,' including the inhabitants and visitors of the City of Glenwood springs on such terms and conditions as may be agreed upon between Garfield and RFTA. Unless modified by written agreement, such services will be limited to serving stops at Catberine's store, Ranch at the Roaring Fork, CMC Road, and Buffalo Valley. In additQon, transportation services may be provided to serve the Aspen Glen PUD if and when a bus stop has _been constructed. III. public Input Reqardinq S'ervice 'Plan 'j ." !"~ RFTA, through its General Manager and its Board of Directors, shall take appropriate means to elicit public input regarding its policies and procedures, its service plan, rate structure, affairs and levels of service in the county of Garfield. IV. Financial support Garfield shall provide only such financial support as may be budgeted, approved, and paid by Garfield in its sole discretion. Currently, Garfield County does not anticipate providing financial, support. RFTA acknowledges and represents that it has no taxing authority which would have the' effect of subjecting Garfield county residents to either a property or sales 'tax. V. Inteqration of other Aqreements The transportation services to be provided hereunder by RFTA shall be subject to the Intergovernmental Agreement between the city of Aspen and the Board of county commissiopers of'pitkin e 2 Acounty'as hereinabove referenced, and subject to and in \. compl iance with the terms' and conditions of the Drban Mass Transit Agency (UMTA) grant to RFTA referred to in said Intergovernmental Agreement. ' e la. - , VI. Effective Date This Agreement shall be effecti~e thirty-one days following completion of the legal publication of 'public notice of the ' adoption of the Ordinances by the Board of County commissioners of Garfield County, approving the Agreement. VII. Public Reaulation It is the intent of the parties that the transportation services provided herein fall within the municipal exemption to regulation by the public utilities commission. The parties agree that if it is determined that the services provided herein are to be regulated by the Public utilities commission or any other agency designated pursuant to Article XXV of the Coloraqo constitution, this Agreement shall terminate and be of no further force or effect. VIII. Insurance/Indemnification To the extent permitted by Colorado l,,!-w, RFTA shall defend and hold harmless Garfield from and against any, injury, claim or damage to any third party arising out of or in connection with RFTA's operations under this Agreement. Garfield shall be added as an additional named insured, and RFTA shall, on or before the annual anniversary date of each term,hereafter, provide Garfield with a certificate of Insurance evidencing such insurance coverage. Nothing herein, however, is intended or shall be construed to constitute a waiver on the part of RFTA or Garfield of the provisions of Section 24-10-101, Colorado Revised Statutes commonly known as the Governmental Immunity Act. , IX. Termination or Dissolution This'~greement shall be automatica~fY renewed for successive one ('i')'~:tyear terms on the anniversary date hereof. Either party hereto may terminate this Agreement upon ninety (90) days prior written notice to the other. , I I j 3 , .,r ,u" i I ~ 'tIP x. Miscellaneous provisions A. Amendment. This Agreement may only be'amended by a written agreement signed by the parties hereto and approved by the city council of the city of Aspen and the Board of County commissioners of pitkin County. 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 . . ~. . W1.th any law of the Un1.ted states or of the state of Colorado, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, .terms, portion or provision shall be deemed severa?r.'~' and shall not be affected thereby, provided such remainJ:ng'portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance. D. Adoption. This Agreement shall be approved by ordinance of the Board of County commissioners of Garfield County. ~ IN WITNESS WHEREOF, the parties hereto have signed and \1II'executed this Agreement effective as of the day and year first above written. 'I '" !..". ATTEST' ROARJNG FORK TRANSIT AGENCY !:L/ , Chairman of to ATTEST COUNTY OF GARFIELD, STATE OF COLORADO, acting through its Board of County commissioners /4 _d .3n ~t d--f Cha1.rman of t . Board ur. Y;fi . ~ .J}h-PA Gar ield County Clerk e" ~. ~~.. 4 lt1 '!'~:) ~ATIFIED AND APPROVED: - BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO 'H ". ;:; ~~/J$~ ~(Gc'CjCli rman of the Board , ATTEST CITY OF ASPEN ~ '7, (} __V'~;::r:r- Mayor e' ~ "'<... , I " . '~' " e p\ms\rfto9arf,.;a ~ ' '. '. '" l~,.";,~f 5