IGA; RTD; parking fees; no end date
INTERGOVERNMENTAL AGREEMENT REGARDING PARKING FEES
CITY OF BOULDER
AND
THE REGIONAL TRANSPORTATION DISTRICT
This rNTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered
into this =h day of Februarys 2013, by and between the CITY OF BOULDER
(the "City"), a Colorado home rule municipality, and the REGIONAL
TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado
("RTD"), collectively referred to as the "Parties."
REC'IT'ALS
A. The City and RTD believe that additional parking for mass transit can be
provided when fees for parking can be charged in appropriate situations;
B. Section 32-9-119.9, C.R.S., limits RTD from charging for parking at any RTD
facility excepting for reserved parking, overnight parking and out-of-district parking;
C. RTD is supporting Senate Bill 13-027, a bill to amend C.R.S. 32-9-119.9 to
exempt parking facilities in which RTD contracts with third parties so long as RTD does
not receive a share of the parking revenues generated from the operation of such parking
facilities.
D. RTD is willing to seek the City's concurrence before entering into an agreement
that allows for charging for parking in excess of what is permitted under C.R.S. 32-9-
119.9 as amended from time to time, at any existing RTD owned or RTD leased park-n-
Rides in the City. Park-n-Rides existing in the City at the time of this Agreement are
Broadway/27th Way, Church of the Nazarene, Table Mesa/39'h Street, Tantra Drive/Table
Mesa, Table Mesa, of which RTD owns only the Tantra Drive/'Table Mesa Facility (the
existing park-n-Rides).
E. RTD and the City have found, and do hereby find, that entry into and performance
of this Agreement is in their respective best interests, serves a public purpose, and is of
benefit to their residents and taxpayers.
NOW, THEREFORE, in consideration of the mutual covenants below, and other
good and valuable consideration, the receipt of which is acknowledged, the Parties agree
to the following terms:
COVENANTS
PURPOSE. This Agreement is entered into to serve the public interest.
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1. PARKING FEES. RTD agrees that it will not enter into an agreement that
allows for charging for parking in excess of what is allowed by C.R.S. 32-9-119.9 as
amended from time to time, at the existing park-n-Rides without the City's concurrence.
RTD shall provide the City written notice of its intent to enter into an agreement that
allows for charging for parking in excess of what is allowed by C.R.S. 32-9-119.9 as
amended from time to time, at any of the existing park-n-Rides at least 30 days prior to
entering into such agreement.. If RTD receives written objection from the City prior to
the expiration of 30 calendar days from the date of the written notice the agreement will
not be implemented. RTD makes no representation regarding the sale or use of any
existing park-n-Ride by parties other than RTD after expiration of an RTD leases.
2. SENATE BILL 13-027. The City supports SB13-027 as introduced to the
Colorado General Assembly
4. NOTICE. Any notices or other communications required or permitted by this
Agreement or by law to be served on, given to, or delivered to either Party by the other
Party, shall be in writing and shall be deemed duly served, given, or delivered when
personally delivered to the representative to whom it is addressed or in lieu of such personal
services, upon receipt in the United States mail, certified mail, return receipt requested, or
email acknowledged by the recipient addressed to the following:
City of Boulder: City of Boulder
1777 Broadway (if hand delivered)
P.O. Box 791 (if by U.S. Mail)
Boulder, Colorado 80306
Attn: City Manager
With a copy to the City Attorney's Office at the same address
RTD: Regional Transportation District
1600 Blake Street
Denver, Colorado 80202
Attn: Assistant General Manager Safety, Security and Facilities
with a copy to the office of the General Counsel at the same address
Either Party may change its address for the purpose of this paragraph by giving written
notice of such change to the other Party in the manner provided in this paragraph.
5. THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the Parties and nothing
contained in this Agreement shall give or allow any such claim or right of action by any
other third party on such Agreement. It is the express intention of the Parties that any
person other than Parties receiving services or benefits under this Agreement shall be
deemed to be an incidental beneficiary only.
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6. NO ASSIGNMENT. Neither the City nor RTD may assign this Agreement or
parts hereof or its duties hereunder without the express written consent of the other Party.
7. AMENDMENT. This Agreement may be amended or modified only in
writing signed by both Parties.
8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between the Parties relating to the subject matter. Any prior agreements, promises,
negotiations or representations between the parties not expressly set forth in this
Agreement are of no force and effect.
9. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado, with venue in Boulder County for any
litigation related to this Agreement.
10. NO WAIVER. No waiver of any of the provisions of this Agreement shall be
deemed to constitute a waiver of any other provisions of this Agreement, nor shall such
waiver constitute a continuing waiver unless otherwise expressly provided herein, nor
shall the waiver of any default hereunder be deemed a waiver of any subsequent default
hereunder.
IL NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing; herein shall
be construed as a waiver of the rights and privileges of the City or RTD under the
Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S.
12. CONFLICTS. No officer, member, or employee of RFD, and no members of
its governing body, during his or her tenure or for one year thereafter, shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed and delivered by their respective officers thereunto duly authorized as of the
date first above written.
CITY OF BOULDER:
By ;S
ATTEST: Jane S. Brauti4gam, Cit Manager
City 'lerk A -,,o t3`,
APPROVED AS TO FORM:
~r
i
City "Attorney
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RTD.
REGIONAL TRANSPORTATION
DISTRICT
General Man er
APPROVED AS TO LEGAL FOB
FOR THE REGIONAL TRANSPORATION
DISTRICT:
General Cou el
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Contract Tracking > Thank You Page 1 of 1
STANDARD
Contract Routing Cover Sheet
Please print and attach to your document
You can view the status of your contract using the Contract Tracking Status Page.
Routing Number 20130215-8205
Originating Dept City Attorney
Contact Person Kathy Haddock Phone Number 303-441-3873
Project Manager / Contract Carl Castillo E-mail castilloc@bouldercolorado.gov
Administrator
Counter Parties RTD (Regional Transportation District)
Contract Title / Type Intergovernmental Agreement Regarding Parking Fees
Number
Description This agreement is RTD's agreement not to use pending legislation to charge for parking at existing
RTD park-n-rides over the objection of the city. This IGA does not require Counsel approval
because it does not involve legislative issues on the city's side.
Special Instructions
Amount Expense Type
• Dept. Head Signature.
NOTE; Originating Department: Identify with a check mark all areas document needs tq be routed,.
'Al i~
• Pur sing
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• Tax
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• CAO
• City Manager V 1 Tfv
• Central Records *As 1~51
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ContracL Trackina Fie,,me I Signature Routiro Form I Track Contract Status I LIDdat,:'. Contract Status
http://intraweb.ci.boulder.co.us/ContractTracking/servlet/Controller 2/15/2013