11-11-2009 Agreement TOA/BC Shuttle Bus FundingAVON — BEAVER CREEK
SHUTTLE BUS FUNDING AGREEMENT FOR 2009 -2010
THIS INTERGOVERNMENTAL AGREEMENT ( "Agreement") is entered into this I V h
day of November, 2009 by and between the Town of Avon, a home rule municipal corporation
( "Avon "), the Beaver Creek Resort Company, a Colorado corporation (`BCRC ") and Beaver
Creek Metropolitan District (`BCMD ") collectively referred to as the parties ( "Parties ").
WHEREAS, Avon, BCRC and BCMD desire to cooperate and agree to provide shuttle bus
services between the Town of Avon and the Beaver Creek resort area;
WHEREAS, Avon and BCMD are authorized by Colorado Constitution, Article X1V,
Section 18(2)(a) and Section 29 -1 -203, Colorado Revised Statutes, to cooperate and contract
with each other to provide any function, service or facility lawfully authorized to each;
WHEREAS, BCRC 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, Avon desires to provide financial contributions to support the shuttle bus
services as described in this Agreement;
WHEREAS, Avon, BCMD and BCRC are authorized to provide bus transit services within
their respective boundaries; and,
WHEREAS, Avon, BCMD and BCRC desire to enter into this funding agreement for the
2009 -2010 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 25, 2009 to April
11, 2010.
2. Shuttle Bus Service: BCMD and BCRC agree to provide the following described shuttle
bus services:
a. Avon Skier Shuttle: Two (2) shuttle buses providing service every day during the Term
of this Agreement, such service shall include shuttle bus service every ten (10) minutes
between the Avon Station transit stop located on West Benchmark Road and the Beaver
Creek Plaza transit stop located at the Covered Bridge on Village Road between the hours
of 8:00 am. to 11:00 a.m. and 2:30 p.m. to 5:30 p.m. for a total estimated number of
hours of 1,656. This service will be provided during the period from November 25, 2009
through April 11, 2010.
b. Evening Restaurant Shuttle: One (1) shuttle providing service every day during the
Term of this Agreement excepted as provided below. The service shall include shuttle
bus service every thirty (30) minutes between Avon and the Beaver Creek Plaza transit
stop located at the Covered Bridge on Village Road between the hours of 6:00 p.m. to
Avon - Beaver Creek Shuttle Bus Funding Agreement 2009 -2010
10:30 p.m. for a total estimated number of hours of 655. In Avon, the shuttle bus shall
stop at the Westin, the Avon Station transit center located at West Benchmark Road and a
minimum of two other stops which are convenient to lodges and hotels in Avon's town
core area. This service will be provided during the period from November 25, 2009
through April 4, 2010.
3. BCRC Operator: BCRC shall be the owner, operator and manager of the shuttle bus
vehicles, equipment and services provided in this Agreement.
4. Payment: The Town of Avon shall make total payment to BCRC of FORTY TWO
THOUSAND FIVE HUNDRED DOLLARS [$42,500] in four equal installments of TEN
THOUSAND SIX HUNDRED TWENTY FIVE DOLLARS [$10,625.00] which shall be due on
the 1St day of December, 1St day of January, 1 St day of February, and 1" day of March In the
event that the actual hours provided for the Avon Skier Shuttle or Evening Restaurant Shuttle are
less than the estimated hours, the amount due from Avon shall be reduced by eighteen dollars
and thirty nine cents ($18.39) per each whole hour less than the estimated hours, and BCMD
and/or BCRC shall provide a cash refund by May, 1, 2010. Notwithstanding any other
provision in this Agreement, Avon total obligation under this Agreement shall not exceed
$42,500.00.
5. Insurance: BCMD shall provide 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 BCMD and BCRC. 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. Coverage shall be provided on an "occurrence" basis as
opposed to a "claims made" basis. Such insurance shall be endorsed to name the Town as
Certificate Holder and name the Town, and its elected officials, officers, employees and agents
as additional insured parties.
6. Liability: BCRC agrees to indemnify, defend and hold harmless Avon (and its 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 BCRC or its Permittees 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
Avon's negligence or willful misconduct.
7. Service: The shuttle bus service provided within the Town of Avon and outside the
boundaries of BCRC shall be pursuant to the authority of the Avon as contracted for in this
Agreement. Nothing contained in this Agreement shall be construed or interpreted to cause
BCRC to become regulated by the PUC.
Page 2 of 3
September 24, 2009
Avon - Beaver Creek Shuttle Bus Funding Agreement 2009 -2010
8. Termination: This Agreement may be terminated by either party upon providing thirty
(30) days notice of termination to the other party.
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, or
BCRC, its officials, employees, contractors, or agents, or any other person acting on behalf of
BCRC, in particular, governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
Read, understood, agreed and executed:
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Page 3 of 3
September 24, 2009
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To: The Honorable Mayor and Town Council
Through: Larry Brooks, Town Manager
Eric Heil, Town Attorney
From: Jennifer Strehler, Director of Public Works and Transportation
Date: October 13, 2009
Re: IGA for Beaver Creek Transit Shuttle Service
Summary:
Town Council is asked to approve an Intergovernmental Agreement (IGA) with Beaver Creek
Metro District (BCMD) and Beaver Creek Resort Company (BCRC) to provide contract transit
service connecting Avon to the Beaver Creek Village. A copy of this 3 -party agreement is
attached. A 2/3` majority vote is required for approval.
Previous Council Actions:
WORK SESSION on August 11, 2009 - Town Council reviewed the proposed 2010 transit
budget and concurred with the plan to contract for service from BCMD /BSCS for the ski season
2009 -2010.
Background:
During ski season 2008 -09, BCMD /BCRC operated and fully funded a transit shuttle from Avon
Station to Beaver Creek Village during the peak hours of 8:30am- 11:30am and 2:30pm-
5:00pm. Tony O'Rourke of BCRC requested to Avon Town Council that the Town contribute to
cover 50% of the cost for this shuttle, not to exceed $42,500, in 2009 -2010.
BCMD /BCRC also operated and a transit shuttle connecting the Westin Riverfront Hotel in Avon
to Beaver Creek Village during the hours of 5:30pm -10pm during ski season 2008 -2009. This
transit service was contracted and fully funded by the Westin. Avon Town Council expressed
an interest contributing funding to the cost of a "dinner shuttle" in 2009 -2010, provided that
some additional stops in the town core area were included.
Town Council considered options to address these two transit linkages on both March 10 and
July 28 2009, during work sessions discussing strategic transit planning. On July 28 Tony
O'Rourke offered to provide ski season transit service at a much lower unit cost than incurred
by Avon Transit. Town Council was receptive to this proposal and directed staff to make
budget cuts as needed to incorporate this expenditure, up to $42,500, into the 2010 transit
budget. On August 11, 2009, Town Council reviewed the proposed transit service plan for
2009 -2010 ski season. Avon Transit's core service was reduced by 500 service hours in order
to off -set this expenditure. A summary of the total Avon Transit budget and breakdown by
category was also presented at that work session. Note that the final proposed 2010 transit
budget being routed to Town Council this week is consistent with the information presented on
August 11
Discussion:
Approximately 2,311 transit service hours will be provide by BCMD /BSCS under this IGA. The
scheduled service is as follows:
Skier Shuttle Nov 25 -April 11
• 8am -11am, 2:30pm- 5:30pm
• Two buses with estimated 10 minute interval
Dinner Shuttle Nov 25 -April 4
• 6:00pm- 10:30pm
• One bus with estimated 30 minute interval
Financial Implications:
The Town's cost for this contract transit service ($18.39 per service hour up to a maximum
ceiling of $42,500) has already been incorporated into the final proposed 2010 transit budget.
This final proposed budget will be formally presented to Town Council at the town's annual
budget retreat, scheduled for October 20, 2009.
Recommendation:
Move to approve the IGA for Shuttle Bus Funding with Beaver Creek Metro District (BCMD) and
Beaver Creek Resort Company (BCRC) to provide contract transit service connecting the town
limits to the Beaver Creek Village during ski season 2009 -2010.
Town Manager Comment
Attachments:
1. IGA with BCMD and BCRC.