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HomeMy WebLinkAbout1995-128-09/05/1995-AGREEMENT COMMUTE HOUR SERVICE HEWLETT-PACKARD PLATTE RIVER POWER AUTHORITY SOUTHEAST EMPLOYERS SYMB RESOLUTION 95-128 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CERTAIN SOUTHEAST FORT COLLINS EMPLOYERS TO ENABLE TRANSFORT TO OPERATE OOMMUTE HOUR BUS SERVICE TO THEIR EMPLOYEES AND TO THE GENERAL PUBLIC WHEREAS, Hewlett-Packard, Symbios Logic and the Platte River Power Authority, all employers located in southeastern Fort Collins (the "Southeast Employers"), are committed to providing alternative travel options for their employees; and WHEREAS, in addition to ongoing promotion of bicycle, car pool and van pool use by their employees, the Southeast Employers have agreed to provide funding assistance to the City to facilitate the provision of bus service by Transfort during commute hours that will serve their employees and facilities,and have agreed to enter into an Agreement(the"Transit Agreement')with the-City trr provide-such funding; and WHEREAS, the Southeast Employers have agreed that such bus services shall also be fully available to the public; and WHEREAS, increased bus ridership by employees of the Southeast Employers and by the general public will result in public benefits, such as reduced traffic and related congestion and environmental impacts; and WHEREAS, the Council has provided Twenty Thousand Dollars ($20,000) for capital costs associated with the proposed route in the 1995 budget, and the costs of operating the route will be offset by payments made by the Southeast Employers for the duration of the Transit Agreement. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section That_the-City Council-hereby authorizes the City-Manager to executethe Transit- Agreement between the City and the Southeast Employers, a copy of which is attached hereto as Exhibit A and is incorporated herein by this reference. Section 2. That the City Council hereby approves th erms and conditions of said Agreement. i Passed and adopted at a regular meeting o e Con t of the Cit Fort lies held this 5th day of September, A.D. 1995. ayor ATTEST: City Clerk Exhibit A SOUTHEAST AREA EMPLOYERS' TRANSIT AGREEMENT THIS AGREEMENT, is executed this day of , 1995, by and among the City of Fort Collins,Colorado("City'),Hewlett Packard Corporation("HP"),Platte River Power Authority ("PRPA"), and Symbios Logic Inc ("Symbios"). When referred to collectively, HP, PRPA and Symbios shall be known as the"Participating Employers." WITNESSETH: WHEREAS,the Participating Employers desire to obtain for the benefit of their employees, an additional Transfort bus route from the City to provide better transportation service for their employees for commuting to and from work,which desired additional bus route is more particularly described on Exhibit"A"attached hereto and incorporated herein by this reference and which shall hereafter be referred to as the"Southeast Area Bus Route"; and WHEREAS,the City,through its Transfort bus system desires to provide said Southeast Area Bus Route on an experimental basis for a one-year period commencing September 7, 1995,upon the terms and conditions as are contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties as hereafter provided, and other good and valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: 1. The City will provide to each Participating Employer annual Transfort bus passes(for the year commencing September 7, 1995) for all employees of each such Participating Employer who reside within a"Fort Collins Zip Code Area"at the time of execution of this Agreement. The Participating Employers shall distribute among their respective employees the annual Transfort bus passes upon such programs as the Participating Employers, in their sole discretion, shall establish. The passes may either be sold or given to their respective employees in such manner as the Participating Employers determine to be in their best interests. 2. This Agreement shall be in effect from September 7, 1995, through September 6, 1996 (the "Service Year"). If mutually desired and agreed to by all parties, or by the City and as many of the Participating Employers as so desire, this Agreement may be extended for one (1) additional year by their execution no later than August 6, 1996 of a written Addendum hereto extending the term of this Agreement. If the Agreement is so extended, the City shall provide to each extending Participating Employer annual Transfort bus passes for the year commencing September 7, 1996,for all employees of each such Participating Employer who reside within a"Fort Collins Zip Code Areal as of September 7; 1996,tube-distributed in the-manner set forth in-Section - 1, above. 3. in consideration of the payments made by Participating- Employers underthis Agreement,the City agrees to operate one publicly available bus on the-Southeast A.-ea BusRoute- as described on Exhibit"A". Said bus route shall operate during the hours of 5:50 a.m.to 8:45 a.m. in the morning and 3:10 p.m. to 6:05 p.m. in the afternoon, Monday through Friday, commencing September 7, 1995 and continuing through September 6, 1996, provided, however, that said bus route shall not operate on New Year's Day,Memorial Day,the 4th of July,Labor Day,Thanksgiving Day, and Christmas Day. The parties may modify the schedule and route set forth herein as necessary by written agreement. If a second year of operation should be implemented,the Southeast Area Bus Route will continue to operate consistent with this Section 3 from September 7, 1996 through September 6, 1997,unless otherwise mutually agreed upon by the extending Participating Employers. 4. The City further agrees to provide up to thirty (30)hours of additional bus route time ("Interim Service")during any annual term of this Agreement if such additional service is necessary to meet passenger demand for bus service during the hours of service set forth above,or agreed upon revisions to that schedule. For the purposes of this Agreement, such Interim Service shall be considered to be necessary when passenger demand for any scheduled bus run reaches or exceeds fifty-two (52)passengers,or when in its sole discretion,the City determines that additional service is required_- I_n the event_thatsuch Interim Service is provided by the City,the City shall notify each Participating Employer when the City has provided fifteen(15)hours of such Interim Service, and the parties shall then work cooperatively to develop resource and service alternatives or other arrangements to accommodate the demand for service beyond that set forth in this Section 4. 5. This Agreement operates to impose no obligation on the City to provide bus service beyond that expressly set forth herein and described in Sections 3 and 4 above. Nonetheless, the City may, in its discretion, from time to time provide additional services in connection with the Southeast Area Bus Route beyond those described in this Agreement. 6. The City shall be responsible for the capital costs associated with establishing the Southeast Area Bus Route, including the provision of buses, bus stops, bus stop signs and other related capital costs. 7. The costs of operating the bus service to be provided under this Agreement shall be divided among the Participating Employers as follows: a. The cost of operation of one bus on the Southeast Area Bus Route which bus as described in Section 3 above, has been determined to total Fifty-eight Thousand and One Dollars ($58,001.00) for the Service Year beginning September 7, 1995 and ending September 6, 1996. Each Participating Employer shall pay to the City in the manner set forth in Section 8 below, such respective Participating Employer's share of the 1995/1996 Service Year Cost, as set forth in Column D, below: Page 2 of 7 A B C D E F Company #of % of 1995/1996 1996/1997 TOTAL Employees Total COST Symbios Logic 620 0.2561 $ 14,854 $ 15,622 $ 30,476 PRPA 57 0.0235 $ 1,363 $ 1,433 $ 2,796 HP 1744 0:7204 �4:,7u°4 I $-43°44 I- $ 85,728- Total 2421 1 1 $ 58,001 1 $ 61,099 $ 119,000 b. If this Agreement is extended pursuant to Section 2 above, each Participating Employer agreeing to extend shall pay to the City in the manner set forth in Section 8, below, such respective Participating Employer's share of the 1996/1997 Service Year Cost,as set forth in Column E,above. If such Participating Employers agree among them to do so, the shares paid by each may be adjusted, however,in any event payment to the City by the extending Participating Employers shall total Sixty-one Thousand and Ninety-nine Dollars ($61,099), the cost of operation of one bus on the Southeast Area Bus Route for the 1996/1997 Service Year. 8. Payment of the amounts set forth in Section 6 above, shall be made by the Participating Employers as follows: a. BP shall make monthly payments,in advance,in accordance with the schedule set forth on Exhibit `B" attached hereto and incorporated herein by this reference. b. PRPA shall pay its share of the operating costs in two annual payments with the first annual payment to be made upon execution of this Agreement in the sum of$1,363.00, and with the second annual payment to be made on September 7, 1996, in sum of$1,433, if the Agreement is extended. C. Symbios shall pay its share of the operating costs in two annual payments with the first annual-payment to be made upon execution of this Agreement- in the sum of $14,854.00, and with the second annual payment to be made on September 5, 1996, in sum of$15,622, if the Agreement is extended. In the event that any of the Participating Employers should fail to make its payments when due,the City shall notify each Participating Employer of such default in the making of such payments ("Notice of Default"),which default shall be cured within five(5)days of the Notice of Default. In Page 3 of 7 the event that such Participating Employer fails to cure the default within said five (5) days, any or all of the non-defaulting Participating Employers may assume all remaining obligations of the defaulting party to pay the City under this Agreement. If the City has not received a written commitment to assume such obligation within fifteen (15) days of its Notice of Default, the City shall have the right to terminate bus service on the Southeast Area Bus Route. In the event of such termination, the City shall refund within thirty (30) days, to each non-defaulting Participating Employer, such proportionate amounts (based upon proportion of any period for which advanced payment was made to the City for which the Southeast Area Bus Route was not operated)to which each non-defaulting Participating Employer is entitled. In the event of such termination of service, all Participating Employers agree that the City shall not be liable in damages to the Participating Employers and the City shall have no obligation, either on behalf of the Participating Employers, or any employees of such Participating Employers to provide alternative bus service because of the termination of bus service by reason of the failure of any Participating Employer to make its required payment. 9. The parties shall evaluate the Southeast Area Bus Route for the purpose of ongoing management and planning of the route as follows: a. On the anniversary of six(6) months from the effective date of this Agreement, the parties shall assess the effectiveness of the transit program established pursuant to this Agreement. No more than twenty-one(21)days after the six (6) month anniversary date, the City, in cooperation with the Participating Employers, will perform a ridership and customer satisfaction survey of the employees of the Participating Employers and provide a formal assessment of route/program performance. The review will include an analysis of(1) the actual number of employees of the Participating Employers riding the Southeast Area Bus Route; (2)actual ridership versus projected ridership for the route; (3) cost per ride versus other mode alternatives; (4)non-employee usage of the route; and(5)rate of on-time performance (on-time performance means arrival at the scheduled time or within five (5)minutes after the scheduled time). Based upon the assessment of the program,the parties may,upon mutual agreement, make adjustments to enhance the effectiveness of service of the Southeast Area Bus Route. b. Upon the anniversary of ten(10)months following the effective date of this Agreement, the parties will again assess the effectiveness of the Southeast Area Bus Route program using the same system of evaluation as established in Section 9a. above, and may make such further adjustments to the route or program as are mutually acceptable to the parties. C. If the Agreement is in effect on the anniversary of twenty(20)months following the effective date of this Agreement, the parties will again assess the Page 4 of 7 effectiveness of the southeast Area Bus Route program using the same system of evaluation as established in Section 9a. above or such other methods as the parties deem appropriate, in order to determine whether the program should be continued, discontinued or modified following the expiration of the term of this Agreement. 10. If any Participating Employer obtains information based upon which it determines that quality or timeliness of the City's performance under this Agreement has not been satisfactory, that Participating Employer shall provide to the City a written Notice of Dissatisfaction, including sufficient detail to allow the City to investigate and respond to the service concern,within fifteen (15)days of the receipt of such information. Upon receipt of such a Notice of Dissatisfaction, the City shall make reasonable efforts to address the service issue noted,and shall provide written notice of receipt of such Notice of Dissatisfaction,and shall report the results of the investigation conducted in response and documentation of corrective action taken, if any, in response to said Notice of Dissatisfaction. If a pattern of Notices of Dissatisfaction indicates that an ongoing on-time performance(as defined in Section 9a. above)or other service capacity issue exists which is beyond the City's control to resolve under the terms of this Agreement, the parties agree to work cooperatively to address such issue to their mutual satisfaction. 11. The parties acknowledge and agree that the City shall operate the Southeast Area Bus Route consistent with policies and practices it deems applicable to such public transit services. 12. a. The City agrees that it shall indemnify and hold harmless each and every Participating Employer from injury or damage occasioned by the negligent or willful acts or omissions of the City or of its employees (if within the scope of their employment)to the extent permitted by law. b. Each Participating Employer agrees that it shall indemnify and hold harmless the City from injury or damag�occdslune&'dy tire-negligent or- willful acts or omissions of such Participating Employer to the extent permitted by law, or by the negligent or willful acts or omissions of its employees, if in the scope of their employment; provided however,that the use of Transfort services provided under this Agreement does not, as such, constitute an act in the scope of employment. 13. This Agreement constitutes the entire understanding of the parties with regard to the subject matter hereof and may be modified only by subsequent written agreement of the parties. 14. This Agreement shall be binding upon the parties,their representatives, successors and assigns. 15. This Agreement may be executed in multiple counterparts and, if so executed, shall be deemed to constitute one agreement. Page 5 of 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CITY OF FORT COLLINS, COLORADO a municipal corporation By: City Manager ATTEST: City Clerk Approved as to form: Carrie A. Mineart, Assistant City Attorney HEWLETT PACKARD CORPORATION By: (Name and Title) ATTEST: PLAT 1E RIVE'R POWER AUTHORITY By: General Manager ATTEST: Page 6 of 7 SYMBIOS LOGIC, INC By: (Name and Title) ATTEST: Rage 7 3f