11-28-2011 Final Avon-BC Transit Ag Winter 2011-12AVON -- BEAVER CREEK
SHUTTLE BUS FUNDING AGREEMENT FOR 2011 - 2012
THIS AGREEMENT ("Agreement") is entered into this 28" d day of November, 2011 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 2011 -2012
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 this date forward and shall
expire on October 31, 2012, 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, 2011 and ending April 15, 2012.
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 11:00am and from 2:30pm to 5:30 p.m., daily, for a total
maximum of 1,410 service hours. Avon shall operate the Avon Skier Shuttle so that the
average wait time at each scheduled stop is approximately (i) 30 minutes from 8:00 a.m.
to 2:30 p.m. and (ii) beginning as soon as possible but no later than December 15, 2011,
15 minutes during the peak 2 -hour period in the afternoon (e.g., from 2:30 p.m. to 4 :30
p.m.). The service times at particular stops shall be determined by Avon and listed on a
printed customer schedule
b. Evening Restaurant Shuttle: Transit service referred to as the "Evening Restaurant
Shuttle" will be provided daily during the period starting December 17, 2011 and ending
April 1, 2012. Scheduled bus service shall be provided which stops at Avon - selected bus
Avon - Beaver Creek Ski Season Bus Funding Agreement
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 530 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 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 1 minute before to 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.
Drivers must be uniformed at all times while visible to guests.
iii. Drivers may not smoke at anytime while visible to guests.
iv. Drivers must greet guests entering through the front door.
Y. 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.
Page 2 of
November 28, 2011 FINAL
Avon- Beaver Creek Ski Season Bus Funding Agreement
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 cars 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, Elk Lot transit center, and the Landing.
5. Payment: For the 2011 -2012 ski season, the BCRC shall make total payment to Avon of
SEVENTY -EIGHT THOUSAND DOLLARS [$78,000] in four equal installments of
NINETEEN THOUSAND FIVE HUNDRED DOLLARS [$19,500], which shall be due on the
I` day of December, Is' day of January, I" day of February, and I" day of March. 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
swright @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
interests provision. Such insurance shall list Beaver Creek Resort Company of Colorado as an
additional insured party.
7. Liability: 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
Page 3 or 5
November 28, 2011 FINAL
Avon- Beaver Creek Ski Season Bus Funding Agreement
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 Coinmission, 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 coin munication 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 Avon
PO Box 1726
Avon, CO 81620
Attn -Mr. Scott Wright
swrightnavon.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
eric@heillaw.com E -mail
If to BCRC: Beaver Creek Resort Company
PO Box 5390
Avon, CO 81620
Attn -Mr. Tim Baker
(303) 845 -5857 Telephone
(720) 845 -5945 Fax
tbaker(0�vailresorts.com E -mail
Page 4 or s
November28, 2011 FINAL
Avon - Beaver Creek Ski Season Bus Funding Agreement
With a copy to: Kevin Kelley
Husch Blackwell LLP
1050 17 "' Street, Suite 1500
Denver, CO 80265
(303) 892 -4424 Telephone
(303) 685 -4869 Fox
Kevin.KelleZ @huschblackwell.com E -mail
Read, understood, agreed and executed:
Town of Avon
By: Date: /z Attest:
Rich Carro , Mayor
Beaver Creek Resort Company
By: o
Tirb B ker, Executive Director
Page 5 of 5
November 28, 2011 FINAL
Date: iL S f