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HomeMy WebLinkAboutbocc.con.063.1977 v P .�i . i u�C.�- ' . � �- , � �� .� , f�s�;:. . . . . . : �N I!L_: .. . ...,. ..._�.___._..-_..�_-._...'.. �' . ��h� . . . . � ... . . . . _ ._.. .. �ar�`s1.. i , . . .z��.,-. .��'`�.t'+'. PITKIN COUNTY BOARD OF COU23TY CO`•4tdISSIONERS ASPEN, COLORADO JOTNT SERVICE AGREEMENT 63 C77� THIS AGREEMENT, made and entered into this _]��_ day of peramher . 1977, by and between the.SNOWMASS � ` RESORT ASSOCIATION (hereinafter referred to as SRA) and the G; , BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, (hereinafter referred to as "County") : ;;4 :� W I T N E S S E T H: " s� WHEREAS, the Coun£y and SRA wish to arrainge for"the�funding y;� and supply of vehicles and drivers for the provision of % public transit to Snowmass Resort, and ?} �� :a WHEREAS, the par.ties wish to establish a method by �� :�, which the costs of such 5ervice are funded exclusively by :3 �,� ;•a SRA (or the users o£ the service) rather than through County ,y t. ;_i . General Funds; and to insure that the County does, however, � participate in any anticipated profits from such operation. � i$ .. ,Y• �� * NOW TFIEREFORE in consideration of the mutual benefits i: �y � to be derived herefrom, the parties hereto agree as foliows: �t � i Section 1. Winter Augmentation Prograra h � The County agrees that, for the period between 4 � November 24, 1977, through April 10, 1978, inclusive, it � will supply augmented bus service from Aspen to Snowmass !;< Resort at that frequency and at those £imes shown on the � scheduled attached hereto as Exhibit "A" and incorporated � a by this reference. Provided, however, that in the event � � there are substantial variations from the estimated ridership �. due to unusual weather and/or business conditions, then SRA � may (with 5 days' notice to the County to implement the same) � chanqe the schedule so as to increase or decrease the bus � service to correspond to the demand for such service. � . i � - 1 - � � � , . . . ; a .....__ . _. _. . , , y . , J•?'�� ,i • � � � S ' . -� � ';;;<� :�s�`^ . . . ,_ ... ,. ..._ -w•..��,...�. �._.... _ . ._....�, , :.. � ., . . t.: . `�.�r�" G . . �_.�����: x•r��;: . �{•'' K,y4� #:l:.. '. Section 2. Supply of Buses, Drivers and Radios In order to establish the transit system herein above described SRA shall deliver and/or make available the following: �� A) SRA shall lease to the County bus or van vehicles � sufficient to carry persons seeking carriage between Snowmass Resort and Aspen, Colorado, at the departure times specified `' in the attached schedule (or amendment thereto made pursuant '' � to the provisions of Section 1). Where said vehicles aze _ provided, they shall be deemed to be County vehicles. SRA :' � shall cause its own ublic liabi•lit and `: p y property dattiage insurance applicable to such vehicles to be endorsed to extend �� �r coverage thereunder to the County while the County is utilizing � the same for such augmented service. *�'� � ;� !� B) SRA shall provide two or more drivers and shall make them available to the County for the provision of said ;� augmented service. Said drivers shall be employed by,. and �;; gaid by, the County as.loaned temporary seasonal employees, �; and as such shall not be entitled to any fringe benefits ":€ from the County, including vacation, compensatory time off, �� health or sickness benefits or unemployment compensation. F �S N C) Any provisions hereof to .the contrary notwithstanding, - � said leased or loaned drivers and vehicles, while operating sazd augmented service, shall be under direct and plenary �3 ,� supervision and control of the Coun.ty Bus System and its ;; supervisory employees. SRA shall make clear to said employees `� that they shall perform immediately and without question all ';, F ° directions given to them concerning said service by the - 4 County. SRA shall further infozm said employees that they are subject to termination of their employment by the County �� ;� without notice by the County or its supervisozy employees. .' -F In the event of such termination, SRA shall immediately pro- ��? � vide a replacement driver. �; M1j �i ;f - 2 - i � ., :, : � __ , �� � � ��,���� - 7.;y�4�J'^.:�i `��{rr'��1. . . . . . r:aE' ' . • . . . . - . . . ��"�'� a �; ..�,+. .,.��,,. . r��e:,:`:; D) The County shall sell and SRA shall purchase at the County's depreciated cost three "pack" (or eqnivalent) radios for use by the said loaned drivers performing said augmented service. SRA is authorized to install one crystal (in a two-crystal set) which is compatible with the radio frequency.utilized by SRA but shall make said radios operate' on a channel compatible with the County system. SRA shall n bear the cost of maintaining said radios in good opera£ing condition and shall retain ownership of the said radios y S ". after termination of this aqreement. The County's radio � } frequency shall only be used by the ggA for augmentati:csn of � County/SRA joint bus services. # e � Section 3. Reimbursement of County Costs s � SRA agrees to xeimburse the County for all costs in- � . a� curred by the County in providing said augmented service, � ,'r � including (without lisnitation) all direct costs incurred in ` � . the compensation of drivers, in providing any additional 3 � -� insurance, in supplying gas, oil and maintenance for the � vehicles and in procuring necessary licenses or permits. � z SRA further agrees to indemnify and hold the County harmless � from any and all claims, demands, costs, loss, expenses � (including reasonable attorney fees) or damages in any way � occasioned to the County because of provision of said augmented � servioe under this agreement. SRA warrants that per£ormance � hereunder by the County shall in no way occur at the cost of � " taxpayers of Pitkin County, except for capital depreciation f ; expense and incidental supervision and other services which may be performed by supervisory or administrative personnel . employed by the County from time to time. � Section 4. Method of Reiunbursement � The parties agree, in order to provide for the reim- � bursement required by Section 3 hereof, that: � A) SRA shall aause all cash fares collected from patrons � of the augmented service Eo be deposited in a special bus � fare account within twenty-four (29) hours after the same - 3 - � � , ,. _.. , � �....� ...,,..�. ..._._. . . .:.. ,.,_, , a _ ;:i'�t;. �.,...,d.....�..—�.—.�....�.--—__ ..__ :<�: '� �... . __ .. .s. . _. ,,;..�.:.�•..._...�,_._,:;,s,. -'i: '�"a= ,#� 5; s��: . � `,�;J.: are paid into the faze box. The County Director of Trans- portation shall establish procedures. for the creation of the fund, delivery of deposits thereto, and withdrawals therefrom. ; • B) SRA shall reimburse the County,� when the.County shall demand gayment, for any and all direct costs which are ; ; reimbursable hereunder. � i 1 i . C� On or before May 15, 1978. the parties shall meet and � � make a final settlezaent as to payment of costs and alloca- � tion of profits of the --augmented service under the following � � criteria: j 4 (1) It is agreed that the estimated total cost of � the service outlined in Exhibit "A: is $38;905.00 � � (See Exhibit "B" attached hereto and incorporated by � i this reference) and that estimated revenues equal � estimated costs. In the event that actual costs shall i � � equal, or total less than this estimate, and actual i revenues exceed the costs, the County shall receive � reimbursement £or its ungaid costs and the excess � i a revenues over actual costs shall be distributed 1/2 to � ' s the County and 1/2 to 5RA as compensation or reimhurse- ; 3 ment for admin3.strative, clerical,, supervisory, = � promotion al or other intangible expense .in connection � with said service, as well as depreciation on capital � �_ ; assets supplied by each with respect to such service. � r (2) In the event that actual costs exceed $38.905.00 � ;i and that revenues exceed costs, the County shall receive reimbursement for its unpaid costs and the �t parties then shall each receive (or be credited with) ;;� � one half o£ the difference between $38,905.00 and "y 'sS actual revenues (it being the intent of the parties �; that the County shall be reimbursed one half of the _ difference between estimated cost and ectual revenues without regard to actual expenditures). �: !; _ � _ , � .. ._._... _ ..._ . _ ___ . ;� ; _ .(' , . �Y`�!�4_ - .. . f I" ', . , `7,} 'J�f:'J • . . . ... s . . .. . . � .1w:::` .1'a.: �._.v.....'��:i l.ilu.�.�.s:."t::`w. Y i tr � k����.: F..n� ".y. ,�yF,` ��y�: • �'�N�'��' � (3) In the event that actual revenues do not equal or exceed the estimated or actual costs, and the County has been reimbursed fos all its direct running costs, SRA shall be entitled to a + cash refund for the value of coupons and passes honored by SRA under Section 6 for transit service given pursuant to this 3 aqreement, This value will be calculated as follows: ; . } a) 100$ of cash value far coupons and passes honored between k - i Snowmass and Aspen. F b? 258 of cash value for passes and coupons honored between � � Aspen and the intersection of Brush Creek and Hwy. 82. � ! s c) 258 of cash value for passes and coupons honored between S Snowmass and the intersection of Brush Creek and Hwy. 82. } i , � This refund shall not exceed the difference between the actual � � revenues and the estimated costs. F (4) Should SRA, pursuant to its authority under Section 1 above, � j ; modify the schedule outlined in Exhibit "A", then the parties � � shall recalculate estimated total costs and revenues (according � ; to the costs established in Exhibit "B") and these estimates ! h� shall substitute for estimated costs and revenues in the final � settlement made pvrsuant to this Section 4. I r' t f � Section 5. Failure to Supply j � In the event that SRA shall fail to supply sufficient vehicles i ; i , � or loaned drivers shall fail to appear during scheduled work hours, � the County shall use its best ef£orts to supply substitute vehicles � + and drivers, and the costs thereof shall be assessed .against SRA all- I as provided above. t i � Section 6. Disaount Fare Materials � ,� � SRA acknowldeges that the County has and will continue to provide � ' : � to regular resident riders discount fare coupon books, annual bus pas- � '� ses, and free or partial fare discount passes to elderly, handicapped, ' :, ,� • children and the like. SRA agrees to afford carriage to such persons f ; without reaeipt of further fares or payment where such persons have � � previously paid the County for said discount materials. # � � s � . � �. � — 5 — � . � � t :� ; ; fi ... _.. _...:... _._. . _ �_ .. : _....,..: "' S y ti;;jr� __ s� S � : . � � �,'a �.��. . . ... __ _. ._ . �, t��s��.,, . ��," 4:`�1 . • � . ��Si`.� Section 7. Schedule Information � 5RA shall be responsible for providing and maintaining 1 � accurate schedule information for its visitors who are � potential users of the auqmented service and the County shall have no responsibility with respect thereto. SRA shall cause accurate and current schedule information to be printed i � - in the Aspen Times, the Aspen Flyer and issues o£ AspenjSnowmass j . � Guide or similar publications. Each publication shall contain � a telephone number to be determined in advance of publication � � £hrough which accurate bus information will be provided users • by SRA employees. SRA shall post and maintain accurate and � . �. - current schedules at Rubey Park in Aspen; the Snowmass Mall � and other appropriate locations. ! IN WITNESS WHEREOF the ,parties hereto have executed this Agreement on the day and year above fisst written. _ �` ' � THE SOARD OF COUNTY COMMISSIONERS { ( i �_ , / I '� , �� ,,� �� �� I _ � '+ �: gye �/�, �U�'�Ct.!/� .�!��2//vY,� � _> `��'�'� r,� ^ Mich el Kinsley, Chairman � . , . 1 ..y,m_ f.. .. , ` � A��.`Frg�r i :,, � ` '� � t +�'.'1. :;c S a "`��, s '.1S. .*�;. , ' '•.. .a--, a .: �'••�pC �r-k att '•�er�� '�. SNOW.'IASS RESORT ASSOCIATION _ i �"'" /r,' ��_ gp; 0►�,. Tom Blake, General Manager APPROVED AS TO FORM: �. ��/a�i1Yl .1 �tt. S�andra M. u1�er � County Attorney I { � . ._._.. .�� ----- _...�:�.. _ .. �. , ,::,:. . .,.._ .' . .. : _ . .. . .�.. .. � ��::_�:��� � . . . ..,. .. . . . ... . . .. . Y.:.,�. r� - 1:'.x: � ' c �,r•.. — � . . . �3._s'+�i ��.:4 - . t•..�"�`'��` . � . ' , � - - . . - . . - � .. � .. . - . .. ._1'r`t, . . .. . . � � . . . . - . � � . . � . .. . . . � .� . . - � y°.; .. _ .. . - .. - . � . .. . � . _ ' �(�' ;i . - . ' .. �. . � BXfIIIIIT . "A" , t ,� . . . . � � • , . . • . . : , . . � :� • ..�. . ' �. � . SNOWhi115S—ASPEN • � ;� _ . , . . . SCiIF:D.ULE .. - ;, • . -� � DEPART - ' DEPART � SNC�hbL15S � ASPEN . � . , � �3 5:00(�2) � • . 5:35 � .. " ' . :. � 5;15(County or Ski Corp) ' � 5:30($1) � ,.� , �� , 6'15 .•. � 6:00(County) . _ . ; 6:15($2) • 6:95 � _ . . ; 6:45(�1) 7:15 .a � 7:20(°n2) . •7:55 � 7:45(R3) 8:15 � . . $'25(�2) • 9:00 9:15 '� � � 8:50(#3) . 9:45 ' _ . i �. 9:95(�2) . 10:15 . . . � " 10:10(#1) • • ,10:45 10:30{�3) . 11:15 11:45(�3) .. . � . 12:1� - :, . _ . . - . ,_. : , • _ . : . .. . � . � . ' ; _ (� _ , 'f � f . r � . . , _.. , .:,: ,. .:... , .. . _ ;� _ � , � . :: ;.; �. ., .. �. - . -.. ._... , • � • • , ., � .. . .� � �Y� • _:.. � � . � . ... c._ .... " � __i . . � .1:'�� . r � � � � ' +�' +�.���.-.."'. . ' , , . ;�°�;r�;•`!'`c�; • �n,: 'L..r� ,'t,y �;4� '�4"" �, "1 f. "4.5T'�1�`r�aar 4 r:' , �..- .e �`9..dj: "'i' � , . .. � . . . . . . ��yC' , ' . . . � � . . � . ... . . .. . .. . � �- �• � .. x,�x�l�. . � � . � . . ' ' t( ,`: { EXiIIDIT "Ll" • . � � . ' .. � � COS1_A;I:1I.YSIS ' • • • ri.�r.�c s�i���s , . _—._..._ , � - . : . � " StIIFTS: 4:30 — 10:30 � 6 lirs. at 3.50 ' 6 }[rs. R 138 days X $3.50/ lir. _ $2,E98 � . � ' Labor � ` (Based on 1�38 days fror� ;io.v. 24 — April 10) ; SIiiFTS: A) 5:00 — 8:00 8:50 — 11:30 5 3/4 i B) G:30 — 11:00 G 1/2 [ C) 7:15 —• 1:00 5 3/4 �g' • }' 18 Hrs. X 138 days X $l�.25/hr. _ $10,557 ' ' SuPcrvi.sor • b'4 months at I2U0/u�onCh = $5,400 ' . � fiixad and Vari.ihJ.c Cocts Gas .12/mile � Oil � fluids ,02/aile Parts6 Contiagency .OS/milc ' •. . +. �. llcc�anical .12/milc , • ' liisc. .05/mile � " . � .36/mile 13 runs X 2G.4 miles X 138 days :{ ,3G = 17. O50 : . . • Radios • 3 (�ack radios at $.1,000 each. = $3,000 � TOTAL COST: $38.905 . � To[al Cost � Total Miles = Cost/mile • $38�905 � 138 days X 13 runs X 26.4 miles F .82/mile • . 2 ' :� ! `� . ;� f3 i , _... .;:�:. - . � , .;.., . _ _ ..,....._ ,.._.... .. ... ..._,._. _ ....:..._.:_ .. ...._ . ._ _. . _� c's:... . , . ..:... . �. . _ � . . .. . ..