10-14-2016 Avon-Beaver Creek Shuttle Bus Funding Agreement for 2016-2017AVON — BEAVER CREEK
SHUTTLE BUS FUNDING AGREEMENT FOR 2016 - 2017
THIS AGREEMENT ( "Agreement') is entered into this ( day of �c-f - , 2016 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 18331 S; and,
WHEREAS, Avon and BCRC desire to enter into this funding agreement for the 2016 -2017
winter visitor season;
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, 2016 forward
and shall expire on October 31, 2017, 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 23, 2016 and ending April 16, 2017.
Scheduled bus service shall be provided which 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 5:30 p.m. daily for a total maximum of 2,755 service hours.
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: 8:30 a.m. -10:30 a.m.; 2:30 p.m. -5:30 p.m.) during World Cup and
during the peak season dates of December 15, 2016 through March 30, 2017. 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. 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
Avon - Beaver Creek Ski Season Bus Funding Agreement
15, 2016 and April 5 -16, 2017. The service times at particular stops shall be determined
by Avon and listed on a printed customer schedule
b. Winter Evening Restaurant Shuttle: Transit service referred to as the "Evening
Restaurant Shuttle" will be provided daily during the period starting December 14, 2016
and ending April 16, 2017. 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.
C. Performance Standard: Avon shall strive to consistently achieve the wait times
described in Sections 2.a. and 2.b. 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 traffic 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.
d. Special Event Shuttle Request Service: Transit service referred to as "Special Event
Shuttle" can 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.
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October 10, 2016
Avon - Beaver Creek Ski Season Bus Funding Agreement
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 Manager. 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 Manager, 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 to allow 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 and the Elk Lot transit center.
5. Payment: For the 2016 -2017 ski season, the BCRC shall make total payment to Avon of
ONE HUNDRED TWO THOUSAND FOUR HUNDRED AND TWENTY -ONE dollars
[$102,421] in four equal installments of TWENTY FIVE THOUSAND SIX HUNDRED
FIVE DOLLARS [$25,605], which shall be due on the 1St day of December, 1St day of
January, 1St day of February, and 1St day of March.
2017 Avon Transportation Proposed Service Hour Routes to Beaver Creek
Winter Season from 11/23/16 to 4/16/17 for Skier Shuttle & from 12/14/16 to 4/16/17 for the Restaurant Shuttle
Total Service Hrs 3,825 $204,842
Service Hour cost = BC Rate of $61.33
Contract costs fir 2016 -2017 Winter Season = $204,842 / 2 = $102,421
Payments shall be delivered to the following address:
Town of Avon
Department of Finance
PO Box 975
Page 3 of 5
October 10, 2016
Avon - Beaver Creek Ski Season Bus Funding Agreement
Avon, CO 81620
Attn: Mr. Scott Wright
(970) 748 -4020
swri lt(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 Two Million Dollars ($2,000,000.00) 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
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 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: Obligations of each of the Parties, respectively, after
the current fiscal year are contingent upon funds for the purpose set forth in this Agreement
being appropriated, budgeted and otherwise made available.
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:
12. If to Avon: Town of Avon
Page 4 of 5
October 10, 2016
Avon - Beaver Creek Ski Season Bus Funding Agreement
PO Box 1726
Avon, CO 81620
Attn. -Mr. Scott Wright
swright(cr,avon.org E -mail
With a copy to: Eric Heil
Heil Law & Planning, LLC
2696 S. Colorado Blvd., Suite 550
Denver, CO 80222
(303) 975 -6120 Telephone
ericC&heillaw.com E -mail
If to BCRC: Beaver Creek Resort Company
PO Box 5390
Avon, CO 81620
Attn. -Ms. Jen Brown
(303) 845 -5857 Telephone
(720) 845 -5945 Fax
jbrown a,bcresortco.com E -mail
With a copy to: Kevin Kelley
Husch Blackwell LLP
1050 17t" Street, Suite 1500
Denver, CO 80265
(303) 892 -4424 Telephone
(303) 685 -4869 Fax
Kevin.Kelleyghuschblackwell.com E -mail
Read, understood, agreed and executed:
Town of Avon
By: l/,l� ---_Date: /U • le/
Virgini Igger, Tow anager
Beaver Creek Resort Company
LM
Jen Brown, Executive Director
Page 5 of 5
October 10, 2016
Date:
Avon-Deaver Creek Ski Season Bus funding Agreement
PO Box 1726
Avon, CO 81620
Attn. -Mr. Scott Wright
swright@avon.org E -mail
With a copy to: Eric Heil
Heil Law & Planning, LLC
2696 S. Colorado Blvd., Suite 550
Denver, CO 80222
(303) 975 -6120 Telephone
cric(@heillaw.com E -mail
If to BCRC: Beaver Creek Resort Company
PO Box 5390
Avon, CO 81620
Attn. -Ms. Jon Brown
(303) 845 -5857 Telephone
(720) 845 -5945 Fax
tbrown ftresortco.com E -mail
With a copy to: Kevin Kelley
Husch Blackwell LLP
1050 17'h Street, Suite 1500
Denver, CO 80265
(303) 892 -4424 Telephone
(303) 685 -4869 Fax
Kevin.Kelley@huschblackwell.com E -mail
Read, understood, agreed and executed:
Town of Avon
By: 9,el ---- .Date• /U
Virginid tgger, TowA Manager
Beaver Creek Resort Company
By: SIL �1 Dater D
Jet BrAA Executive Director
Page 5 of 5
October 10, 2016