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Home My WebLink Aboutbocc.con.064.1975 4 JOINT USE OF FACILITIES N AND SERVICE AGREEMENT CONTRACT #DW /97 # /(75) THIS AGREEMENT, made and entered into 8th day of December, 1975, by and between THE CITY OF ASPEN, COLORADO (hereinafter referred to as "City "), THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY (hereinafter referred to as "County "), and SNOWMASS RESORT ASSOCIATION (hereinafter referred to as "SRA ") wherein it is stipulated and agreed as follows: R E C I T A L S 1. SRA wishes to make available three (3) buses for the operation of a shuttle system between the City of Aspen and Snowmass Resort, and the City and County wish to offer the management and other services necessary for the same. • 2. Both the City and county are authorized prusuant to Section 29 -1 -204 C.R.S. 1973, and Section 13.5 of the Aspen Home Rule charter, to enter into intergovernmental contracts for the purpose of providing any function, service or facility lawfully authorized to each of the cooperating governmental units provided any such' contract receives the approval of the legislative bodies of the respective governments. 3. By viture of Section 30- 11- 101(f) C.R.S. 1973, the County is authorized to develop, maintain, and operate mass transport- ation systems either individually or jointly with any government or political subdivision ; - and the City enjoys the same authority by reason of its Home Rule Charter, Section 13.3 thereof, and state statutory authority similar to that cited above. A G R E E M E N T NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, it is agreed among the parties as follows: • ®. 1. SRA will supply three (3) operational buses, two for active use and one for standby, for the implementation of a two (2) section bus service between the City of Aspen and Snowmass Resort, during the term of this agreement and according to the schedule attached hereto and incorporated by this reference. 2. The City and County, through the City /County Transport- ation Department, will supply the bus operators, repair service, storage, and other services, including supervisory personnel, necessary to offer the above- described service. 3. This agreement will run from its effective date through April 11, 1976, unless terminated by either party with fifteen (15) days written notice to the other parties to this agree- . ment (or without notice if occasioned by the provisions of Para - graph 5 herein). Written notice, when required to be given, shall be deemed given when mailed to the business addresses of the respective parties. 4. The buses supplied by SRA shall be used exclusively for the services described herein; provided, however, that the Director of Transportation, at his election, may use any one of these vehicles for other bus service runs operated by the Transport- ation Department, if necessary, provided this alternate use does not interrupt the Aspen /Snowmass bus service herein contracted for. Noth- ing herein shall be construed to require the Director of Transport- . ation to, in the event any or all of the SRA buses become inoperable, to- .substitute for them other vehicles under his control in order to povide the bus service herein provided for. 5. The City .and County will carry all skier or other user traffic between Snowmass and Aspen and will charge each passenger twenty -five ($.25) cents for each one -way trip. All revenues derived herefrom shall be retained by the City and County as their interests may appear or as otherwise agreed by them. In the event the Colorado -2- ' Public Ut .ics Dmmiszion (PUC) shall ch, "'.trig authority • of the Director of Transportation to charge such rare, he may terminate this agreement, without notice, and-need not assert any such right, or defend against a PUC complaint, as he may elect. 6. Nothing herein shall be construed to convey any title - or interest to the City and County in the buses . supplied, and at the end of the term of this agreement all three vehicles shall be returned to SRA in the condition in which delivered, reason - able wear and tear excepted, and with all capital improvements incorporated therein. 7. In consideration of the services rendered, SRA, on full execution of this agreement, will pay to the City /County Trans- portation Department the sum of Five Thousand ($5,000.00) Dollars, an amount which is nonrefundable (except as provided in Paragraph 13), and shall be expended on the bus service and operations herein contracted for. 8. As additional consideration, SRA guarantees that, at the end of the term of this agreement, it will reimburse the City and County for all expenses associated with the service and operation of the bus service (over and above the $5,000.00 provided for by Paragraph 7 plus any revenues generated by the bus operation)up to the amount of Ten Thousand ($10,000.00) Dollars, but no more. _ 9. In calculating such service operating expenses, the following costs shall be assessed: a. Costs of gas, oil, license fees, tires, replaced and repaired parts, and rent. b. Costs of driver salaries and benefits which shall be determined by the Director of Transportation. c. Insurance (liability and collision) expense, which, for the three buses and for the period of this agreement is acknowledged to total — d. Supervisory expense up to, but not exceeding, Two Thousand ($2,000.00) Dollars for the period hereof; and -3- e. Overhead costs, which amount is agreed to total N twenty -five (25 %) percent of the actual cost (material and labor) of making necessary repairs to vehicles. 20. Monthly statements shall be made by the Transportation -Director and forwarded to SRA itemizing the expenses attribut- able to the bus service herein contracted for. This report Shall include,at a minimum, mileage and employee hours, gas, and similar expenses made during the previous month. 11. In the event any capital'improvements are made to the • buses supplied, over and above ordinary service, repairs and parts replacement, the cost of such improvements shall be borne by SRA, and shall be reimbursed to the City and County over and above the payments provided for in Para- graph 7 of this agreement. All such improvements shall revert to SRA at the time of termination of this agreement and return of their buses. 12. A final cost accounting will .be made, on' or before May 15,1976, totalling all expenses covered by this agreement, documenting all revenues received, and calculating amounts, if any, due the City and County from SRA by reason of Para- graphs '8 and 11. 13. In the event this agreement is cancelled by any party hereto, the City and County will refund to SRA a pro rata share of the Five Thousand ($5,000.00) dollars paid.pursuant to Paragraph 7 and any amounts owed pursuant to Paragraph 8; this share shall be calculated by determining the number of days of service rendered, and applying this ratio against said Five Thousand ($5,000) and Ten Thousand ($10,000) dollar amounts. 14. The City and County agree to provide the service here- . inabove described in a satisfactory manner, which standard is agreed to have been met if ninety (90 %) percent of the runs itemized in the attached schedule are completed. SRA Recreation . R -4- '. of a ;ctr'.itt tt �3 run ,T 1 ' . , 11 t .,.. 1 1 .��, to adequately notify waiting pa ., / so as to be ub�.� THE BOARD OF PITKIN COUNTY COMMISSIONERS b By :4 Cha rm ATTEST: County C '___ SNOWMASS RESORT ASSOCIATION _ , / __ _ ._ By: THE CITY OF ASPEN, COLORADO 5 j 1 � r.... ► . -- ---- By S..• lahoney, City Manager Philip -5- _ _ -5- _ • • . SNOWMT\S S ROUTE - December to March • Eastbound to Aspen LEAVE LEAVE ARRIVE ASPEN _SECTION 4 SNOWMASS MALL AIRPORT BUSINESS CENTER RUBEY PARK A 5 :00 P.M. ' - 5:20 P.M. 5:30 P.M. B 5:35 * 5:55 6:05 A 6:10 6:30 6:40 B 6:45 * . ..: . 7: 05 7:15 A 7:20 7:40 7:50 ' B 7:55 * . 8:15 8:25 A 8:30 8:50 . • 9:00 ' • B 9:05 • - 9:25 • 9:35 . A 9:40 10:00 • 10:05 B 10:15. .10:35 10:45 A.. • 10:50 - 11:10 • • . ' '11:20 B • 11:25 11:45 11 :55 Westbound to Snowmass . LEAVE .. LEAVE _ ARRIVE RUBEY PARK AIRPORT BUSINESS CENTER . SNOWMASS MALL ' 5:35 P.M. 5:45 P.M. 6:05 P.h7. 6:10 6:20 6:40 6:45 6:55 7:15 7:20 * 7:30 7:50 7:55 8:05 • 8:25 8:30 * _ . 8:40 ' .9:00 9:05', 9:15 9:35 9:40 9:50 10:20 10:15 10:25 10:45 10:50 :11:00 11:20 A 11:25 11 :35 . -- " 11:55 B 12 :00 12:10 - 12 :30 • • . • • • • • • . 4 • • • .•: •. • . ,