IGA; RTD; fare reimbursement for Bus to Work Day Contract Tracking>Thank You https://work.bouldercolorado.gov/ContractTracking/savleuCon"ller
OFFICE OF THE CITY ATTORNEY
OCT i 0 2016
T0: OFFICE OF TTP'.",ITY ATTORNEY
OL , . ' 2016
STANDARD
Contract Routing Cover Sheet T0: ---
Please print and attach to your document
You can view the status of your contract using the Contract Tracklno Status Pade.
Routing Number 20161006-2233
Originating Dept Public Works
Contact Person Natalie Stiffer Phone Number 303-441-3217
Project Manager/Contract Natalie Stiffler E-mail I stifni@houldercolorado.gov
Administrator
Counter Parties Regional Transportation District
Contract Title/Type IGA Between RTD and COB for Fare Reimbursement
Number
Description Purpose of this agreement is for COB to reimburse RTD for cash fares on local routes to provide
free fares on local routes for Bus to Work Day.
Special Instructions RTD requires that the city sign first. Please send an electronic copy to stifn1@b0uldercolorado.g0v
and I will forward to RTD staff.
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INTERGOVERNMENTAL AGREEMENT BETWEEN RTD AND THE CITY OF BOULDER
FOR FARE REIMBURSEMENT
(BOULDER LOCAL ROUTES AND ACCESS-A-RIDE SERVICE)
This Intergovernmental Agreement ("Agreement" or "IGA") is made as of l� i
("Effective Date"), between the Regional Transportation District, a political subdivii�orS of the
State of Colorado organized pursuant to the Regional Transportation District Act, C.R.S. § 32-9-
101, at seq., ("RTD"), and the City of Boulder ("City or "Local Entity"). RTD and Local Entity
also may be referred to herein as a"Party"or collectively as the"Parties."
RECITALS
A. RTD is authorized by the Regional Transportation District Act, C.R.S. §§ 32-9-101, at
seq. (the "RTD Act"), to develop, maintain, and operate a mass transportation
system for the benefit of the inhabitants of its District, as defined by the RTD Act.
B. Pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a), and C.R.S. §§
29-1-203, at seq., both RTD and the City may cooperate or contract with each other
to provide any function, service, or facility lawfully authorized to each, and any such
contract may provide for sharing of costs.
C. RTD and the City agree that RTD's services provide attractive and effective transit
service for people to work, live and recreate in the City of Boulder.
D. Among the bus services provided by RTD within the City of Boulder is RTD's local
fixed route services known as the routes 204, 205, 206, 208, 209, 225, 228, BOUND,
DASH, HOP, JUMP, SKIP AND STAMPEDE and complementary paratransit
services.
E. To encourage transit ridership in Boulder on October 5, 2016, also known as "Bus to
Work Day", the City would like to pay the fares for all RTD local route services for
passengers originating in Boulder.
F. The City agrees to pay RTD all fares for passengers using RTD local route services
originating in Boulder on October 5, 2016 in accordance with the terms and
conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and obligations set forth herein,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. OPERATIONS, MANAGEMENT AND CONTROL OF THE TRANSIT SERVICES. RTD
shall continue to manage and operate, either directly or through its designated agent(s),
its transit services, including without limitation all RTD services. RTD or its designated
agents are solely responsible for the operations, management, marketing (except as
stated in Section 5, Marketing), administration, and service delivery functions, including
provision of vehicles, vehicle maintenance, insurance and accounting. The City has no
responsibility for, nor authority or control with respect to, the supervision and
management of any employees or contractors who work in connection with RTD transit
services.
2. "BUS TO WORK DAY" PROMOTION. On October 5. 2016, between 5:D8am —
12:19am approximately, RTD will not require passengers boarding any Eligible Service
in the City of Boulder to pay the applicable fare. Eligible Service means any of the
following routes: 204, 205, 206, 208, 209, 225, 228, BOUND, DASH, HOP, JUMP, SKIP
and STAMPEDE, and complementary paratransit services for which any trip that
originates within the 3/. mile boundary of the routes listed above. RTD will provide a local
transfer to any passenger who requests a transfer. Passengers of any Eligible Service
on October 5, 2016 that require a fare greater than the local fare must pay the cost of a
fare upgrade, or the difference between the local fare and the higher fare.
3. CITY FUNDING. In exchange for providing the services set out in Section 2 above, the
City shall pay RTD (collectively, "Funding") $15,000.
4. INVOICING AND PAYMENT. RTD will send the City an invoice for $15,000 and the
City shall pay the invoice 30 calendar days after the City receives the invoice.
5. MARKETING. If City of Boulder conducts a marketing campaign for the Bus to Work
Day promotion, it will be at its sole cost.
6. TERM AND TERMINATION. This Agreement shall commence on the Effective Date
and shall remain in effect until RTD has received final payment of the Funding. All
provisions of this Agreement that provide rights or create responsibilities for the Parties
after termination shall survive termination of this Agreement.
7. COMMUNICATION AND NOTICES. Any notices, bills, invoices or reports required by
this Agreement will be sufficiently delivered if sent by the Parties in the United States
mail, postage prepaid, or by email to the Parties at the following addresses:
For the City:
City of Boulder
Transportation Division
PO Box 791
Boulder, Colorado 80306
Attn: Natalie Stiftler
Transportation Planner II
Stiffler,Natalie (Stifflem n bouldercolorado.g)
INTERGOVERNMENTAL AGREEMENT BETWEEN RTD AND THE CITY OF BOULDER REGARDING THE BOULDER
LOCAL ROUTE SERVICES FARE BUY UP RIDE PROGRAM.
Page 2 of 5
For RTD:
Regional Transportation District
1600 Blake Street
Denver, CO 80202
Attn: Bruce Abel
Assistant General Manager, Bus Operations
Abel, Bruce (Bruce.AbelOrtd-denver.com)
With a copy to:
RTD Office of General Counsel
1600 Blake Street
Denver, CO 80202
lenffer.ross@rtd-denver.com
The addresses or contacts may be changed by the Parties by written notice.
8. STATUS OF PARTIES. Nothing contained in the Agreement creates any partnership,
joint venture, or other association or relationship between RTD and the City. Neither
Party has authorization, express or implied, to bind the other to any agreements, liability,
or understanding, except as expressly set forth in this Agreement.
9. LIABILITY AND IMMUNITY Without waiving the privileges and immunities conferred
by the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S-, each
Party shall be responsible for any claims, demands or suits arising out of its own
negligence. It is specifically understood and agreed that nothing contained in this
paragraph or elsewhere in this Agreement shall be construed as an express or implied
waiver by RTD or the City of its governmental immunity, including limitations of amounts
or types of liability or the governmental acceptance by RTD of liabilities arising as a
result of actions which lie in tort or could lie in tort in excess of the liabilities allowable
under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
10. NO LIMITATION ON RTD RIGHTS OR AUTHORITY. Nothing in this Agreement shall
be construed to limit RTD's right to establish routes or services or perform any functions
authorized by C.R.S. § 32-9-101, et seq.
IL MISCELLANEOUS.
a. Authority. The Parties represent that each has taken all actions that are
necessary or that are required by its procedures, bylaws, or applicable law to
legally authorize the undersigned signatories to execute this Agreement on behalf
of the Parties and to bind the Parties to its terms.
b. Available Funding. This Agreement does not contain any multiple-fiscal-year
financial obligations by either Party that extend beyond its current fiscal year. The
financial obligations of each Party under this Agreement shall be subject to and
limited by the appropriation of sufficient funds therefore by its governing body.
Funds for this Agreement have been authorized for the current fiscal year. Nothing
IN I'ERGOVERNMENTAL AGREEMENT BETWEEN RTD AND THE CITY OF BOULDER REGARDING THE BOULDER
LOCAL ROUTE SERVICES FARE BUY UP RIDE PROGRAM.
Page 3 of 5
herein obligates RTD or the City to budget, authorize or appropriate funds for any
future fiscal year.
C. Severability. To the extent that this Agreement may be executed and performance
of the obligations of the Parties may be accomplished within the intent of the
Agreement, the terms of the Agreement are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such
invalidity or failure shall not affect the validity of any other terms or provision hereof.
d. Waiver. The waiver of any breach of a term hereof shall not be construed as a
waiver of any other term, or the same term upon a subsequent breach.
e. No 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 hereto, and
nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person under this Agreement. It is the express intention
of the Parties to this Agreement that any person or entity other than the Parties
receiving services or benefits under this Agreement be deemed an incidental
beneficiary only.
f. Paragraph Headings. The captions and headings set forth in this Agreement are
for convenience of reference only and shall not be construed so as to define or limit
its terms and provisions.
g. Counterparts. This Agreement may be executed in two counterparts. Signatures
on separate originals shall constitute and be of the same effect as signatures on
the same original. Electronic digitized signatures are representations of my
signature and are legally valid and binding as if I had signed the document with ink
on paper in accordance with the Uniform Electronic Transactions Act (UETA) and
the Electronic Signatures in Global and National Commerce Act (E-SIGN) of 2000.
h. Prohibited Interests. No director, officer, employee, or agent of RTD shall be
interested in any contract or transaction with RTD except in his or her official
representative capacity unless otherwise provided by the RTD Code of Ethics.
i. Assignment. Other than as specifically provided herein, the Parties agree that
they will not assign or transfer any of their rights or obligations under this
Agreement without first obtaining the written consent of the other Party.
WHEREFORE, the Parties have entered into this Agreement as of the date first set forth
above.
REGIONAL TRANSPORTATION DISTRICT
INTERGOVERNMENTAL AGREEMENT BETWEEN RFD AND THE CITY OF BOULDER REGARDING THE BOULDER
LOCAL ROUTE SERVICES FARE BUY UP RIDE PROGRAM.
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By: ;)- ,
David A. Genova
General Manager&CEO
Approved as to leg I form for RTD:
Jenif r . Ross-Amato
AMjk"eputy General Counsel
CITY OF BOULDER,
a Colorado home rule City
By:
Jane S. Brautigam, City Ma ger
Attest:
IIL4lerk _'Dll—
Approved as, I
to form:
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City 'ttomey ]-
INTERGOVERNMENTAL AGREEMENT BETWEEN RTD AND THE CITY OF BOULDER REGARDING THE BOULDER
LOCAL ROUTE SERVICES FARE BUY UP RIDE PROGRAM.
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