12-21-2015 BCRC Shuttle Bus Funding 2015-2016TOWN OF AVON — BEAVER CREEK RESORT COMPANY
SHUTTLE BUS FUNDING AGREEMENT FOR 2015 - 2016
THIS AGREEMENT ( "Agreement ") is entered into this 21st day of December, 2015 by
and between the Town of Avon, a home rule municipal corporation ( "Avon ") and the Beaver
Creek Resort Company, a Colorado nonprofit corporation ( "BCRC ") collectively referred to as
the parties ( "Parties ").
WHEREAS, Avon and BCRC desire to cooperate and agree to provide shuttle bus services
between the Town of Avon and the Beaver Creek Resort area;
WHEREAS, Avon desires to provide shuttle bus vehicles, drivers, administrative support
and other equipment and services to provide shuttle bus services as described in this Agreement;
WHEREAS, BCRC desires to provide financial contributions to support the shuttle bus
services as described in this Agreement;
WHEREAS, Avon is authorized by the State of Colorado Public Utilities Commission to
provide bus public transit services within and across jurisdictional boundaries within Eagle
County under license number 183315; and,
WHEREAS, Avon and BCRC desire to enter into this Funding Agreement for the 2015-
2016 winter visitor season;
WHEREAS, BCRC has acknowledged that the Town of Avon shall not adopt its 2016
budget until December 8, 2015, and that certain services and obligations stated in this Funding
Agreement are subject to change pending the final action by the Avon Town Council.
NOW, THEREFORE, in consideration of the covenants, conditions and agreements set
forth herein, the Parties agree as follows:
1. Term: This Agreement shall be in full force and effect from November 1, 2015 forward
and shall expire on October 31, 2016, unless otherwise terminated sooner.
2. Shuttle Bus Service: Avon agrees to provide the following described shuttle bus services:
a. Avon Skier Shuttle: Transit service referred to as the "Avon Skier Shuttle" will be
provided daily during the period starting November 25, 2015 and ending April 10, 2016.
Scheduled bus service shall be provided ,vhich stops at Avon - selected bus stops within
the Town limits, the public parking lot commonly known as the Elk Lot, and at the
Beaver Creek Plaza transit stop located at the Covered Bridge on Village Road between
the hours of 8:00 a.m. to 6:00 p.m. daily for a total maximum of 2,860 service hours.
i, Peak Season Wait Tinres: Avon shall operate the Avon Skier Shuttle so
that the average wait time at each scheduled stop is no more than 15
minutes during the peak upload /download periods (e.g., peak periods are
typically: 8:00am- 10:30am; 2:30pm- 6:00pm) during World Cup and
Avon- Beaver Creek Ski Season Bus Funding Agreement
during the peak season dates of December 15, 2015 through March 30,
2016. The early morning peak period on known peak days will include
enough buses on the route to ensure capacity will be available for riders
waiting at all stops.
ii. Early/Late Season Wait Times Avon shall operate the Avon Skier
Shuttle so that the average wait time at each scheduled stop is no more
than approximately 30 minutes during the early /late seasonal dates of
November 26- December 15, 2015 and April 5 -10, 2016.
b. The service times at particular stops shall be determined by Avon and listed on a
printed customer schedule
C. Winter Evening Restaurant Shuttle: Transit service referred to as the "Evening
Restaurant Shuttle" will be provided daily during the period starting December 16, 2015
and ending April 10, 2016. Scheduled bus service shall be provided which stops at
Avon - selected bus stops within the Town limits and at the Beaver Creek Plaza transit
stop located at the Covered Bridge on Village Road between the hours of 6:00 p.m. to
10:00 p.m., daily, for a total maximum of 585 service hours. The service times at
particular stops within the Town limits shall be determined by Avon and listed on a
printed customer schedule based on a frequency determined by one (1) bus in the loop.
Avon shall operate the Evening Restaurant Shuttle so that the average wait time at each
scheduled stop is no more than 30 minutes.
WOMEN
A ��
C. Performance Standard: Avon shall strive to consistently achieve the wait times
described in Sections 2.a. above. On -time performance shall be measured on a seasonal
basis, and consistent with transit industry standards as one (1) minute before to five (5)
minutes after the scheduled stop time (TCRP Report 88: "A Guidebook for Developing a
Transit Performance - Measurement System." Transit Cooperative. Federal Transit
Administration and the Transportation Research Board, Washington DC. 2003, pp. 206-
207). Avon is not responsible for delays associated with tiaffc incidents, congestion, or
road conditions within the Beaver Creek Metropolitan District and the Resort Area, or for
delays associated with inclement weather or other factors not within the Town's control.
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October 12, 2015
Avon - Beaver Creek Ski Season Bus Funding Agreement
f. Special Event Shuttle Request Service: Transit service referred to as "Special Event
Shuttle" may be provided by Avon, if requested by BCRC with at least 21 days' notice.
The cost for such at- request service would be fully borne by BCRC at a rate of $105.75
per service hour.
3. Avon Operator: Avon shall be the owner, operator and manager of the shuttle bus
vehicles, equipment and services provided for in this Agreement.
a. System Policy: Avon's provision of shuttle bus services under this Agreement
shall at all times comply with the standards and performance objectives set forth
in this Agreement. Avon shall notify the BCRC of any noncompliance of which
Avon becomes aware. In addition to the requirements and performance standards
set forth elsewhere in this Agreement, Avon shall at all times operate and
maintain the shuttle services in accordance with the following requirements:
i. Each vehicle shall be equipped with a public address system. Drivers
must announce each stop using such public address system upon arrival
and departure.
ii. Drivers must be uniformed at all times while visible to guests.
iii. Drivers may not smoke at any time while visible to guests.
iv. Drivers must greet guests entering through the front door.
v. Avon will ensure that the interior and exterior of all vehicles utilized for
the service are cleaned daily.
vi. Avon will ensure that all destination signs are programmed with the latest
destinations, properly lit and in good working order.
vii. If the driver encounters an unruly or rude passenger (e.g., appears to be
intoxicated exceptionally loud or argumentative), the driver will, in a
professional and courteous manner, attempt to resolve the situation and
follow Avon Transit standard communication protocol.
b. Standards: Avon shall survey riders to determine performance by providing
survey cards and pencils onboard all buses; with riders self - selecting and
completing the surveys. Bus drivers shall collect completed surveys daily and
turn them into Avon's Transit Director. Survey cards shall inquire about
greetings, staff appearance, driver courtesy, bus cleanliness, and timeliness. Bus -
timeliness shall also be measured by field checks conducted at least weekly by
Avon's Transit Director, Avon shall make both the completed survey cards and
the field time check results available upon request.
4. Authorization for Access and Use: BCRC agrees Avon is allowed to use the roads and
bus facilities needed for transit service. This includes access to the following bus stops: Covered
Bridge Stop, Elk Lot transit center, and the Landing.
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October 12, 2015
Avon - Beaver Creek Ski Season Bus Funding Agreement
Payment: The payment for shuttle bus services from BCRC shall be determined by the
following formula:
Total Service Hours times the BCRC bus operations rate, without capital replacement or fixed
rates, times 50 %,
For the 2015 -2016 ski season, the application of the formula is as follows:
(2,860 + 585) = 3,445 x $61.33 = $211,281.85 x 50% = $105,640.
*The Summer Restaurant Shuttle agreement will be completed at a later date.
SUMMARYTABLE: 2016 Avon Transportation; Beaver Creek Operations- Skier &Dinner Bus: Service Hours, Frequency and Loop Times
MINTER
WINTER
WINTER
LOOP
WINTER
SUMMER
SUMMER
SUMMER
LOOP
SUMMER
HOURLY
Annual
ROUTE
Op his
Frequency
4Buses
Time
Service His.
Op his
Frequency
#Buses
Time
Service His.
RATE (1)
Cost (2)
Skier Shuttle
Service Dates;
8,40am to
11/25/15 - 4110/16
6.4m 0 p
15 -30 Min
2
30611n
2,860
-
r
$61.33
$175,404
Winter Restaurant Shvitle
SerAze Dates:
72/16/15 - 4/10/15
600 pm to
10.40 pm
30 Min
1
30611 n.
585
6.�pm to
- (
$61.33
$35,878
Summer Restaurant Shuttles
Service Dates
sy'�zx,��'�i-�a.l"'M
8/15116
"s
30 Min
1
30MIn.
225
$61.33
$13,799
7/1/15 -
y
SOAOpm
;
TOTAL SERVICE HOURS
3,445
r
j
TOTAL SERVICE HOURS
225
$61.33
$225,61
' I
i
BEAVER CREEX RESORT CONIPANY ANNUAL PAYMENT SHARE
50%
$112,540
1
TOWN OF AVON ANNUAL PAYMENT SHARE
50%
$112,540
(1) Hourly Rate Is based upon the Beaver Creek Metropollta n District's Cost of Bus Operations vAthout Capital Replacement
(2) Formula Is Total Service Hours X Hourly Rate Split 50%/50%
5. Payments shall be delivered to the following address:
Town of Avon
Department of Finance
PO Box 975
Avon, CO 81620
Attn: Mr. Scott Wright
(970) 748 -4020
swriglit a,avon.org E -mail
6. Insurance: Avon shall provide for Comprehensive General Liability insurance with
minimum combined single limits of One Million Dollars ($1,000,000.00) Dollars each
occurrence and of One Million Dollars ($1,000,000.00) aggregate. The policy ' shall be
applicable to all premises and all operations of the Contractor. The policy shall include coverage
for bodily injury, broad form property damage (including completed operations), personal injury
(including coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall contain a severability of
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October 12, 2015
Avon - Beaver Creek Ski Season Bus f=unding Agreement
interests provision. Such insurance shall list Beaver Creek Resort Company of Colorado as an
additional insured party.
7. Indemnification: Avon agrees to indemnify, defend and hold harmless BCRC (and their
officials, agents, representatives, employees, contractors, and successors and assigns) from all
claims, demands, damages (including, without limitation, consequential damages), causes of
action, fines, penalties, losses, liability, judgments, costs or expenses (including reasonable
attorneys' fees) resulting from claims for bodily injury (including death) to any person or
damage to any property, caused by or arising from the conduct or activities of Avon, its officers,
employees or agents, in the performance of this Agreement of provision of shuttle bus services
as described in this Agreement (including, without limitation, maintenance, repair and
replacement activities); provided, however, such indemnification will not extend to any claims
caused by or arising from BCRC's negligence or willful misconduct.
8. Service: The shuttle bus service provided within the Beaver Creek Resort area, Beaver
Creek Metropolitan District and the boundaries of the Town of Avon shall be pursuant to the
authority of Avon, operating under the authority of and license from the Public Utilities
Commission, as contracted for in this Agreement.
9. Governmental Immunity: Nothing in this Agreement will be construed to waive, limit, or
otherwise modify any governmental immunity that may be available by law to Avon, its
officials, employees, contractors, or agents, or any other person acting on behalf of Avon, in
particular, the governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
10. Annual Budget and Appropriation: The Parties understand and acknowledge that the
Avon is subject to Article X, § 20 of the Colorado Constitution ( "TABOR"). The Parties do not
intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is
understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect
debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in
this Agreement to the contrary, all payment obligations of the Avon are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of the Avon's current
fiscal period ending upon the next succeeding December 31. Financial obligations of the Avon
payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted, and otherwise made available in accordance with the rules, regulations,
and resolutions of Town of Avon, and other applicable law. Upon the failure to appropriate such
fiends, this Agreement shall be terminated.
11. Notices: Any statement, notice, demand or communication which either Party may desire
or be required to give to the other Party shall be in writing and shall be deemed sufficiently given
or rendered if delivered personally, by e -mail, or sent by first -class United States mail, postage
prepaid, addressed as follows:
If to Avon: Town of AvoIl
PO Box 1726
Avon, CO 81620
Attention: Ms. Jane Burden
Page 5 of 6
October 12, 2015
Avon-Beaver Creek Ski Season Bus Funding Agreement
swright a,avon.org
With a copy to: Town Attorney
One Lake Street
P.O. Box 975
Avon, CO 81620
ericalleillaw.com
If to BCRC: Beaver Creek Resort Company
PO Box 5390
Avon, CO 81620
Attention: Ms. Jen Brown
(303) 845 -5857 Telephone
(720) 845 -5945 Fax
t brown Qbcresortco.com
With a copy to: Kevin Kelley
Husch Blackwell LLP
1050 17ti' Street, Suite 1500
Denver, CO 80265
(303) 892 -4424 Telephone
(303) 685 -4869 Fax
Kevin. Kelley-@huschblackwell.com
Read, understood, agreed and executed:
Town of Avon
By: _ Date:
Virginia C. Egger, M Manager
Beaver Creek Resort Company
B Date:
4B�ro *i,—an aging Director
Page G of G
October 12, 2015