11-01-2006 BEAVER CREEK METROPOLITAN DISTRICT FIRST AMENDMENT IGA FOR TRANSPORTATION SERVICESMemo 'VID
To: The Honorable Mayor and Town Council
From: Jane Burden, Transportation
Thru: Larry Brooks, Town Manager
Date: October, 2006
Re: Intergovernmental Agreement for Transportation Services
Summary:
Attached is a the First Amendment to the Intergovernmental agreement between
Beaver Creek Metro District and The Town of Avon for Transportation Services
from November 1, 2006 ending October 31, 2007. This agreement covers the
"Free Parking Lot scheduled bus service and Special Event Bus Service." This
intergovernmental agreement covers areas of obligation for The Town of Avon
that include: System Operation, Promotion of Beaver Creek Landing, Licensing,
Rules and Regulations, Maintenance, Personnel, Bookkeeping and Office
Management, Incident Reporting and Types of Buses used. The agreement
covers areas of obligation for Beaver Creek Metro District which include:
Vehicles and Equipment, Advertising, Compensation, Incentive Program and
System Policy and Standards.
Previous Council Action:
The Town of Avon has entered into intergovernmental contracts with Beaver
Creek Metro District for Parking Lot Bus Service for a number of years. Council
has approved consecutive yearly agreements.
Background:
Over the years as Beaver Creek has grown as a destination ski resort, this joint
agreement provides quick, free access to Beaver Creek Mountain for skiers,
guests/visitors and employees on a system operated by Town of Avon and its
employees with Beaver Creek Metro District providing the vehicles.
Discussion:
This annual agreement for "Free Parking Lot Service" as well as various special
event services from November 1, 2006 ending October 31, 2007 is the same as
last years agreement.
Financial Implications:
This agreement provides compensation to The Town of Avon for all services provided.
Recommendation:
Approve the request by Beaver Creek Metro District for The Town of Avon to
provide Transportation Services commencing on November 1, 2006 and ending
October 31,2007.
Town Manager Comments:
J~
FIRST AMENDMENT
INTERGOVERNMENTAL AGREEMENT
FOR
TRANSPORTATION SERVICES
This First Amendment to Intergovernmental Agreement for Transportation
Services ("First Amendment"), dated to be effective November 1, 2006, is entered into
by and between Beaver Creek Metropolitan District, a quasi- municipal corporation and
political subdivision of the State of Colorado ("District") and the Town of Avon, a
municipal corporation of the State of Colorado ("TOA").
RECITALS
WHEREAS, effective November 1, 2005, the District and TOA entered into an' .
Intergovernmental Agreement for Transportation Services (the "Transportation Services.,
Agreement") whereby TOA agreed to operate and maintain a transportation systern. ;
known as the "Free Parking Lot Service", as well as various charter and special event,
services (collectively, the "System"); and
WHEREAS, it is the Parties desire to amend the Transportation Services
Agreement by changing certain exhibits to said Agreement, as more particularly set forth
below.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants, conditions and
.
1. Change of Exhibits. As of November 1, 2006, Exhibits A, B, and C are
hereby deleted in their entirety from the Transportation Services Agreement, and new
Exhibits A, B, and C dated November 1, 2006 as attached to this First Amendment are
hereby substituted in their place and incorporated herein by this reference.
2. Conflict. In the event of a conflict between the Transportation Services
Agreement and this First Amendment, this First Amendment shall control.
3. Effective Date. This Amendment shall be effective as of November 1,
2006.
QUienIABeaver Creek Metro\Agreements\Ist Amend to Avon
IGA for Tramp. 082806.DOC
lb
4. Reaffirmation of Agreement. Upon execution by all the parties hereto,
the Transportation Services Agreement, as amended by this First Amendment, shall
remain in full force and effect.
5. Counterparts. This First Amendment may be executed in counterparts,
each of which shall constitute an original.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of
the respective dates set forth below to be effective as of the date first above written.
BEAVER CREEK METROPOLITAN DISTRICT
TOWN OF A)~QNa municipal corporation
By:
ATTEST:
_ ~~'rrbti OFtJ~,Fp~
Y• C- x
own lerk e
Date: I i4ay I ( J 8
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2
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EXHIBIT "A"
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective
November 1, 2006)
Beaver Creek Parking Lot Bus Service
- Fleet-Lis
VVEH. #
VIN #
DESCRIPTION
1
Re lacement
Pending
Low-floor diesel bus
Re lacement
Pending
1
Low-floor diesel bus
646
1Z9B6DTS55W216146
Low-floor diesel bus
-
648
i~~cwv i p~ayyC 1074/
1Z9B6DTS55W216148
Low-poor diesel bus
Low-floor diesel bus
649
1Z9B6
5W216149
Low-floor diesel bus
851
1Z9B54W216251
Low-floor diesel bus
852
1Z9B5W216252
262
Low-floor diesel bus
839
15GCT1087492
Diesel bus
840
15GCDT1087493
Diesel bus
841
15GCDT1087494
Diesel bus
842
15GCDT1087495
Diesel bus
843
A
15GCD1087496
Diesel bus
848
15GCD1087501
Diesel bus
lacement
n
30- ax asoline bus
acement
asoline bus
544
1GBJ5F502344
30- ax asoline bus
555
1 GBJ5VF502655
sline bus
564
1 GBJ5VF502164
30-pax gasoline bus
0)
EXHIBIT "B" Page 1 of 2
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective
November 1, 2006)
Incentive Program
1. Criteria to Establish Performance BCMD shall evaluate TOA's performances with respect to the
following criteria based upon a survey of patrons conducted periodically at BCMD's expense by
the Transportation Coordinator or by a mutually acceptable third-party consultant (including RRC
Associates) selected by but unaffiliated with BCMD.
a) TOA's fixed-route response times known hereafter as Route Times
b) Professionalism and courtesy of TOA's drivers, which must be rated good or excellent.
c) Overall Service levels and performance as rated in the survey.
The score will be determined on a monthly basis using the following formula: Fixed Route Percentage +
Professionalism Percentage + Overall Service Percentage = Score
Fixed Route Percentage means the percentage of time that the route times are met and on-time service is
experienced at bus stops. The weight is 33%. By way of example, (i) if on-time fixed-route service is
experienced 82% of the time, then the Fixed Route Percentage = .82 x .33 = .271, and (ii) if on-time
fixed-route service is experienced 97% of the time, then the Fixed Route Percentage = .9 x .33 = .297.
Professionalism and Courtesy Percen means the percentage of time that the drivers are rated good or
excellent with respect to courtesy and professionalism. The weight is 33%. By way of example, if
drivers are rated good or excellent by 65% of the patrons, the Professionalism Percentage =.65 x .33 =
.215.
Overall Service Percentage means the rating of the current service on a scale from 1 to 5 with respect to
overall service and performance The weight is 33% By way of example, ft;e`
rcurrent se, vice
eceives an average rating of 90%, then the overall Service Percentage for that month is .9 x.33 = .297,
and (ii) if the current service receives an average rating of 79%, then the Overall Service Percentage for
that month is .79 x .33 = .261.
2. Payment Application. TOA shall pay any incentive bonus received by TOA to those drivers, and
other line level employees who worked with guests during the period applicable to such bonus, in
the form of bonuses actually rewarding the employees responsible for achieving the System
Policy and standards.
.U
EXHIBIT "B" Page 2 of 2
Monthly
BonusfD
eficiencv Pa
m eM Amo
unt
Score
January
February
March
April
May
June
July
August
September October November December TOW
0.9
3000
3000
3000
2000
1000
1000
1000
1DDO
1000
1000
2000
3000 622
000
0.89
2786
2786
2786
1857
929
829
929
929
.920
929
1857
,
2786
0.88
2571
2571
2571
1714
857
857
857
857
857
857
1714
2571
0.87
2357
2357
2357
1571
786
786
786
788
786
786
1571
2357
0.86
2143
2143
2143
1429
714
714
714
714
714
714
1429
2143
0.85
1929
1929
1929
1266
643
643
643
643
643
643
1286
1929
0.84
1714
1714
1714
1143
571
571
$71
571
$71
571
1143
1714
0.83
1500
15W
1500
1000
500
500
500
500
500
500
1000
1500
0.82
1286
1285
1286
857
429
429
429
429
429
429
857
1286
0.81
1071
1071
1071
714
357
357
357
357
357
357
714
1071
0.8
857
857
857
571
286
286
286
288
286
288
671
857
0.79
643
643
643
429
214
214
214
214
214
214
429
643
0.78
429
429
429
288
143
143
143
143
143
143
286
429
0.77
214
214
214
143
71
71
71
71
71
71
143
214
0.76
0
0
0
0
0
0
0
0
0
0
0
0
0.75
(214)
(214)
(214)
(143)
(71)
(71)
(71)
(71)
(71)
(71)
(143)
(214)
0.74
(429)
(429)
(429)
(286)
(143)
(143)
(143)
(143)
(143)
(143)
(286)
(429)
0.73
(643)
(643)
(643)
(429)
(214)
(214)
(214)
(214)
(214)
(214)
(429)
(543)
0.72
(657)
(857)
(857)
(571)
(285)
(286)
(288)
(286)
(285)
(286)
(571)
(857)
0.71
(1071)
(1071)
(1071)
(714)
(357)
(357)
(357)
(357)
(357)
(357)
(714)
(1071)
0.7
(1286)
(1266)
(1286)
(857)
(429)
(429)
(429)
(429)
(429)
(429)
Mn
(1288)
0.69
(1500)
0500)
11500)
(1000)
(500)
(500)
(500)
(500)
(500)
(500)
(1000)
(1500)
0.66
(1714)
(1714)
(1714)
(1143)
(571).
(571)
(571)
(571)
(571)
(571)
(1143)
(1714)
0.67
(1929)
(1929)
(1929)
(1286)
(643)
(643)
(643)
(603)
(643)
(643)
(1288)
(1929)
0.66
(2143)
(2143).
(2143)
(1429)
(714)
(714)
(714)
(714)
(714)
(714)
(1429)
(2143)
0.65
(2357)
(2357)
(2357)
(1571)
(786).
(788)
(786)
(786)
(786)
(766)
(1571)
(2357)
0.54
(2571)
(2571)
(2571)
(1714)
(857)
(857)
(857)
(857)
(857)
(857)
(1714)
(2571)
0.63
(2786)
(2788)
(2786)
(1857)
(929)
(929)
(929)
(929)
(929)
(929)
(1857)
(2768)
0.62
(3000)
(3000)
(3000)
(2000)
(1000)
(1000)
(100D)
(1000)
(1000)
(1000)
(2000)
(3000)
n
.w
EXHIBIT "C" Page I of 2
(Attached to and forming part of the Agreement by and between the Beaver Creek
Metropolitan District ("District") and the Town of Avon ("TOA") dated to be effective
November 1, 2006)
Insurance Requirements
1. TOA's Insurance.. TOA shall carry and pay the premiums for insurance of the
types and with limits of liability not less than stated below. Such insurance shall be
maintained in effect during the entire term of this Agreement.
(a) Comprehensive general liability insurance in a claims made format
covering maintenance of Vehicles by TOA and operations provided by TOA in
performance of this Agreement with limits of liability of not less than $1,000,000 per
occurrence 52,000,000 aggregate, and providing, to the extent possible under a claims
made format, continuous coverage for that period of time following the expiration or
termination of this Agreement which is necessary under applicable laws (whether statutes
of limitation, governmental immunity laws or otherwise) to ensure valid outstanding
claims will be covered under such policy. Such liability insurance shall also include
coverage for personal injury, contractual liability and premises operations. District shall
be named as additional insured on any above-referenced policies.
(b) Vehicle liability insurance covering all Vehicles listed on Exhibit "A"
hereof and used in connection with the Services performed under this Agreement with
limits of liability of not less than $1,000,000 per occurrence /$2,000,000 aggregate.
Coverage will also include medical payments, collision and comprehensive physical
damage coverage with a $5,000 deductible. Deductible losses up to $5,000 shall be the
responsi i i y of-District. is nc shall be name as additional insure an loss payee on
this policy.
In the event of damage or destruction of any Vehicle or Vehicles provided
by District under this Agreement, District agrees that liability of TOA for said damage or
destruction shall be limited to the actual cash value of the Vehicle(s) at the time of the
loss or the cost to repair, whichever is less.
(c) Workers Compensation insurance covering all TOA's employees engaged
in performing the Services pursuant to this Agreement in accordance with the provisions
of the Workers Compensation Act (as amended) of the State of Colorado.
2. District Insurance. District shall carry and pay the premiums, during the
entire Term of this Agreement for vehicle liability insurance coverage on all
Vehicles not listed on Exhibit "A" herein and used in connection with the services
with the limits of liability of not less than $1,000,000 per occurrence ($2,000,000
aggregate combined single limits for bodily injury and property damage).
Coverage will also include uninsured motorists, medical payments and collision
and comprehensive physical damage coverage with a $1,000 deductible.
Deductible losses up to $1,000 shall be the responsibility of District. TOA shall
be named as additional named insured on this policy.
3. Certificates of Insurance. TOA and District shall each provide the other with
certificate(s) of insurance evidencing the policies listed above upon execution of this
Agreement