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Home My WebLink About11384RESOLUTION NO. 11384 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE REGENTS OF THE COLORADO STATE UNIVERSITY PUEBLO, A BODY CORPORATE HEREAFTER "CSU- PUEBLO" FOR THE INITIATION OF A SUBSIDIZED STUDENT TRANSIT CIRCULATOR WHEREAS, the term of the Agreement For Transit Services between the City and CSU - Pueblo campus will begin on August 26,2008 and will end on May 2, 2009 and, WHEREAS, the City and CSU - Pueblo are desirous of entering into an agreement to provide transit services to all students therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement dated August 25, 2008, a copy of which is attached hereto is hereby approved. .qFr.TinN 9 The President of City Council is hereby authorized to execute said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the city thereto and attest the same. INTRODUCED Auqust 25, 2008 BY Vera Ortegon Councilperson AP PROVE ATTE D BY: �. � y PRESS NT'ei Cif' Council i 2 es \l3 V4 To ED CD Background Paper for Proposed RESOLUTION AGENDA ITEM # /-) DATE: August 25, 2008 DEPARTMENT: PUEBLO TRANSIT DANIEL E. CENTA, P.E. DIRECTOR OF PUBLIC WORKS TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE REGENTS OF THE COLORADO STATE UNIVERSITY PUEBLO, A BODY CORPORATE HEREAFTER "CSU- PUEBLO" FOR THE INITIATION OF A SUBSIDIZED STUDENT TRANSIT CIRCULATOR ISSUE Should City Council approve an Agreement between the City of Pueblo and CSU - Pueblo to provide subsidized transit services from the CSU - Pueblo campus to off campus student housing and to local shopping areas RECOMMENDATION Approval of Resolution. BACKGROUND The City and the CSU - Pueblo Regents desire to enter into an Intergovernmental Agreement (IGA) for bus service between the CSU campus and off campus student housing and surrounding shopping sites. CSU will subsidize one hundred percent of the circulator route between August 26, 2008 and May 2, 2009. The subsidy amount was calculated to be $100,710.15. This circulator route will be available to all transit riders. All CSU students will receive complimentary rides on all Pueblo Transit routes during the term of this agreement. FINANCIAL IMPACT None. INTERAGENCY AGREEMENT THIS contract, made this 25� ' day of August, 2008, by and between the Board of Governors of the Colorado State University System, acting by and through the Colorado State University — Pueblo hereinafter referred to as CSU- Pueblo, and the City of Pueblo Transit, acting by and through the City of Pueblo, hereinafter referred to as City, WHEREAS, CSU - Pueblo has recently experienced an enrollment growth, requiring the need to construct a new student housing complex to accommodate the current and projected on- campus housing needs and recognizes that such housing will not be ready for occupancy until fall 2009; WHEREAS, CSU - Pueblo has experienced housing demand for fall 2008 in the form of applications and deposits that exceeds the current supply of available on- campus housing requiring the placement of students in remote student housing sites; WHEREAS, CSU - Pueblo has contracted with the Clarion Motel, 4001 N. Elizabeth Street, Pueblo, CO, 81008 and Quality Inn Motel, 3910 Outlook Blvd., Pueblo, CO, 81008, to provide housing for its students for Fall 2008 and Spring 2009; WHEREAS, CSU - Pueblo needs to transport it students from the remote student housing sites to the CSU - Pueblo campus; WHEREAS, CSU - Pueblo desires to also provide opportunities for its students in both the remote housing sites and in the Belmont Residence Hall on the campus to interact with the commercial and entertainment venues in the City of Pueblo; WHEREAS, CSU - Pueblo has defined a commitment to environmental sustainability that can be served by providing public transport opportunities to its employees and students; and, WHEREAS, the City , acting by and through Pueblo Transit, is able and willing to provide transportation services to CSU - Pueblo. NOW, THEREFORE, it is hereby agreed that The City acting by and through Pueblo Transit shall provide transportation to CSU - Pueblo students on a daily basis throughout the Fall and Spring semesters of 2008 -09 as detailed in this agreement. This transportation shall be comprised of a thirty minute route between the University campus and the two remote housing sites (highlighted in red on the map labeled Exhibit A) referred to as the "peak route" and a sixty minute circulation route with additional stops (highlighted in blue on the map labeled as Exhibit A) referred to as the "off -peak route ". 2. There will be no stops made between the University campus and the two remote housing sites on the "peak route ". For the "peak route" during the time of 7:00 AM to 9:30 AM., the bus will run a 30 minute loop between the University and the two off - campus sites, the Clarion and the Quality Inn, at which the general public may enter the route by paying the normal fare charged by the City which revenue shall accrue to the City. The "peak route" will run five days a week, Monday through Friday. Page 1 of 5 3. The "off -peak route" will include additional stops between the University campus and the two remote housing sites at which the general public may enter the route by paying the normal fare charged by the City which revenue shall accrue to the City. The "off -peak route" will begin at 10:00 AM and the bus will run a 60 minute route that extends the "peak route" to include the University, the Clarion and the Quality Inn, the Pueblo Mall, the Eagleridge Shopping Center and the Wal -Mart on Dillon Drive, and the Pueblo Crossings shopping center with the final stop at the Quality Inn at 6:00 PM. The "off peak route" will run six days a week, Monday through Saturday. 4. During the effective term of this interagency agreement, CSU- Pueblo students and employees may ride any bus route operated by the City at no cost. 5. A valid CSU - Pueblo student or employee ID must be presented when entering the bus operated by the City to ride the route at no cost in accordance with this agreement. 6. Specifics of the "peak route" and "off -peak route ", including but not limited to the route path, stops, and time schedule, which constitute more than a 10% change, may not be changed by the City without prior communication with and the agreement of CSU - Pueblo. 7. Payment Amount and Billing Procedure. In consideration of the obligation of the City to perform in accordance with paragraph one, CSU - Pueblo will pay $100,710.15 to City in nine (9) monthly payments upon satisfactory completion of performance and in accordance with the attached payment schedule, labeled Exhibit B. 8. Performance Term. The term of this interagency agreement is from August 20, 2008 through May 2, 2008. 9. Record Keeping Requirements. The City and CSU- Pueblo shall maintain a complete file of all records, documents, communications and other material which pertain to this agreement for a period of three (3) years from the date of final payment under this agreement, unless either party requests that the records be retained for a longer period. 10. The City shall permit CSU - Pueblo to monitor and audit records and activities which are or have been undertaken pursuant to this agreement. 11. Except as otherwise provided herein, the duties and obligations of the City shall not be assigned, delegated or subcontracted except with the express prior written consent of CSU - Pueblo. All subcontractors will be subject to the requirements of this agreement. 12. Except as otherwise stated this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. No third party beneficiary rights or benefits of any kind are expressly or impliedly provided herein. 13. Any failure of either party to perform in accordance with the terms of this agreement shall constitute a breach of the agreement. Any dispute concerning the performance of this agreement which cannot be resolved at the divisional level shall be referred to City's Public Works Director and C.S.U. - Pueblo's Vice President for Finance and Administration ( "Final Level). Dispute resolution at the Final Level could be subject to litigation. Page 2 of 5 14. Any of the parties shall have the right to terminate this agreement by giving the other party 90 days notice. If notice is given, the agreement will terminate at the end of 90 days, and the liabilities of the parties hereunder for further performance of the terms of the agreements shall thereupon cease, but the parties shall not be released from duty to perform up -to- the -date of termination. 15. Controller's Approval. This interagency agreement shall not be deemed valid until it has been approved by the State Controller or a designated delegate of the State Controller. Payments for performance during the tern as stated in 3 above shall not be made until the contract is validated by the signature of the State Controller or a designated delegate of the State Controller. President of City Council City of Pueblo, Colorado Authorized Signature A uapyO 055, ao o 8 Dat DEPARTMENT OF HIGHER EDUCATION Board of Governors of the Colorado State University System acting by and through Colora State University — Pueblo ✓ sept Garcia, President S Date ST University — Pueblo for Finance and Administration Date Jf 1 — O APPROVED for Legal Sufficiency: �� 4s By: Amy Pa ons, Deputy General Counsel Page 3 of 5 d H .. w EXHIBIT B CSU- PUEBLO PAYMENT SCHEDULE Amount Due Invoice Date Payment Due Date August 30, 2008 August 15, 2008 $11,190.02 September 30, 2008 September 15, 2008 $11,190.02 October 30, 2008 October 15, 2008 $1 1,190.02 November 30, 2008 November 15, 2008 $11,190.02 January 30, 2009 Januaa 15, 2009 $11,190.02 February 28, 2009 February 15, 2009 $11,190.02 March 30, 2009 March 15, 2009 $11,190.02 April 30, 2009 Aril 15, 2009 $11,190.02 May 30, 2009 May 15, 2009 $11,189.99 Page 5 of 5