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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 O 1 r 2 IV\ 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