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HomeMy WebLinkAbout09306ORDINANCE NO. 9306 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO EXTENDING PUBLIC TRANSIT SERVICES WITHIN THE UNINCORPORATED AREAS OF PUEBLO COUNTY, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement for Extended Transit Services to the Salt Creek Neighborhood between the City of Pueblo and Pueblo County, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of City Council is hereby authorized to execute said Agreement on behalf of City of Pueblo, and the City Clerk shall affix the Seal of the City to the Agreement and attest the same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached agreement to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective immediately upon final passage. INTRODUCED: June 11, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: June 25, 2018 City Clerk’s Office Item # S-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 11, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Pepper Whittlef, Acting Director of Transit SUBJECT: AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE COUNTY OF PUEBLO EXTENDING PUBLIC TRANSIT SERVICES WITHIN THE UNINCORPORATED AREAS OF PUEBLO COUNTY, COLORADO SUMMARY: Attached is an Agreement between the City of Pueblo and County of Pueblo for providing public transit services to the Salt Creek Neighborhood in the unincorporated area of Pueblo County. PREVIOUS COUNCIL ACTION: The City and County of Pueblo originally entered into an Agreement for Extended Transit Services dated as of December 12, 1997 relating to the provision of public transit services within the unincorporated areas of Pueblo County, Colorado. The agreement was extended in 2007. BACKGROUND: Approval of the agreement allows continued services to the Salt Creek neighborhood on Route 11, the Red Creek Ride. Agreement expires December 31, 2018. FINANCIAL IMPLICATIONS: Pueblo County will pay $68,500 to the City of Pueblo for the cost of services for 2018. BOARD/COMMISSION RECOMMENDATION: Pueblo Transit Board of Directors recommends approval. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The alternative, should this Ordinance not pass, is for Pueblo Transit to discontinue service to the neighborhood reducing ridership on the Red Creek Ride by approximately 13,500 passenger trips annually. RECOMMENDATION: Approval of the Ordinance. Attachments: Agreement, Map AGREEMENT FOR EXTENDED TRANSIT SERVICES TO THE SALT CREEK NEIGHBORHOOD THIS AGREEMENT is entered into with an effective date of May 3 0 , 2018, nunc pro tunc, May 1, 2018, by and between the County of Pueblo, a body corporate and politic, acting by and through its Board of Commissioners (hereinafter referred to as "County") and the City of Pueblo, a Municipal Corporation(hereinafter referred to as the "City"). WITNESSETH: WHEREAS, pursuant to its home rule authority and the authority granted by statute, including but not limited to C.R.S. § 31-15-711(1)(g), the City is authorized to develop, maintain and operate mass transit systems, either individually or jointly with any other government, and pursuant to that authority the City is maintaining and operating a mass transit system within the corporate boundaries of the City; and WHEREAS, the County is authorized by virtue of C.R.S. § 30-11-101(1)(f) to develop, maintain and operate mass transit systems either individually or jointly with any government; and WHEREAS, the City and the County may contract with one another to provide a mass transit system of the type deemed needed by the citizens of and visitors to the area pursuant to authority in C.R.S. §§ 30-11-101(1)(f)and 31-15-711(1)(g)as implemented by C.R.S. § 29-1-201, et seq.; and WHEREAS,the City and County have previously entered into contracts to provide a mass transit system including the January 1, 2012 Agreement for Extended Transit Services to the Salt Creek Neighborhood ("2012 IGA"); and WHEREAS, the City, at the request of the County, is willing to continue to develop, maintain and operate said system incorporating and including service to and from the Salt Creek neighborhood within the geographic boundaries which are under the jurisdiction of the County and outside the corporate boundaries of the City; and WHEREAS, the City and the County do jointly desire to provide this service as herein established under the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth herein, the parties hereto do mutually agree as follows: 1. OPERATION OF MASS TRANSIT SYSTEM. (a) Subject to the terms and conditions set forth herein,the City and the County agree to operate a joint mass transit system by bus within the Salt Creek neighborhood located within the unincorporated area of Pueblo County, Colorado (hereinafter referred to as the "System"). The parties agree that the City will be the sole manager and operator of the System herein established. In managing and operating the System, the City shall have the right to utilize all of the roads,highways and rights of way of the County capable of safely handling buses without charge therefor by the County. The fixed routes for the System, shall be established by the City in its sole judgment and discretion. (b) The parties recognize and acknowledge that the City has for many years separately operated an urban mass transit system serving the residents and transportation needs of the City and its residents. The operation of the urban mass transit system within the corporate boundaries of City shall remain separate and not subject to any provisions of this Agreement. The operation of the joint System pursuant to this Agreement is intended to authorize expansion of the City transit system beyond the City's corporate boundaries in unincorporated areas of Pueblo County,consistent with maintaining the existing level of urban mass transit service,the availability of buses,personnel and support systems,the need for service beyond City's corporate boundaries, fare and subsidy revenues available for service beyond City's corporate boundaries, and contractual and regulatory limitations arising from City's receipt of federal financial assistance for mass transit. The determination of the appropriateness for and degree of such expansion of the transit system, if any, shall be made by the City in its sole judgment and discretion. (c) In developing, operating and maintaining the System, the City will use its buses, personnel, contractors, support systems, management and administrative systems. 2. REVENUE AND EXPENDITURES. (a) The parties agree that reasonable charges or fares may be assessed and collected from persons utilizing the System established within the scope of this Agreement. The decision as to the amount of such fares and to any rules and regulations in connection with such System shall be made by the City. All revenues derived from any such fares or charges shall be and remain property of the City and shall be used to defray the operation and maintenance expenses of the System. (b) In addition to the foregoing,City may apply for and receive state and federal grants and other financial assistance for purposes of acquiring property for use in or in conjunction with the System, and for purposes of subsidizing operation, maintenance and administrative expenses of the System. All such grants and assistance shall become and remain the property of the City, and City shall be responsible for compliance with all contractual and regulatory requirements associated with receipt of such grants and assistance. (c) City may, but shall not be required to, provide additional City funds for capital improvements benefitting the System, acquiring or leasing property for use in conjunction with the System, or for subsidizing the operation, maintenance and administrative expenses of the System. The decision concerning whether to provide such additional City funds shall at all times remain vested in the City Council of City whose decision thereon shall be conclusive. (d) The County shall be required to provide County funds for subsidizing the operation, maintenance and administrative expenses of the System. For the term of this Agreement, from May 1, 2018 to December 31, 2018, the County shall pay the City the amount of Sixty-Eight Thousand and Five Hundred Dollars ($68,500.00) to subsidize the operation, 2 maintenance and administrative expenses of the System ("County Subsidy"). The County shall pay the County Subsidy to the City in advance, without notice, offset or deduction, on a quarterly basis.Nothing in this paragraph is intended to modify the authority of City to establish such fixed routes as it deems appropriate in its sole judgment and discretion. 3. NO IMPAIRMENT OF EXISTING CONTRACTS. Nothing in this Agreement is intended to alter, amend, modify or impair any existing contract entered into by the City concerning operation of the City's separate transit system or the System, including but not limited to any binding collective bargaining agreement and any agreement with the Pueblo Transportation Company. 4. LIABILITY AND INSURANCE. As between City and County, City (as the manager and operator of the System) agrees to assume the risk of personal injury, including death and bodily injury, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in conjunction with or arising out of the operation of the System or by the conditions created thereby; provided, however,that nothing in this paragraph is intended, nor should it be construed, to create or extend any rights, claims or benefits or assume any liability for or on behalf of any third party, or to waive any immunities or limitations otherwise conferred under or by virtue of federal or state law,including but not limited to the Colorado Governmental Immunity Act,C.R.S. § 24-10-101, et seq. City shall provide and maintain Workers' Compensation insurance coverage or self-insurance on its employees complying with the requirements of State law. 5. NOT GRANT OF FRANCHISE. The establishment of this Agreement shall not be construed as an exclusive grant or franchise prohibiting similar grants,franchises or agreements pertaining to mass transit systems or other common carriers operating within the territorial jurisdiction of either the City or County. 6. TERM. The term of this Agreement shall be from May 1, 2018 to December 31, 2018. 7. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the performance of this Agreement, City shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, sexual orientation, disability or age. City shall endeavor to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, national origin, sexual orientation, disability or age. 3 8. ENTIRE AGREEMENT; AMENDMENTS. The provisions set forth in this Agreement constitute the entire and complete agreement of the parties hereto and supersede all prior written and oral agreements, understandings or representations related thereto. City and County hereby release one another from any claims arising from the 2012 IGA. No amendment or modification of this Agreement, and no waiver of any provision of this Agreement,shall be binding unless made in writing and executed by the duly authorized officers of both the City and County. 9. SIGNATURES. The persons signing this Agreement on behalf of each party represent and warrant that such persons and their respective party have the requisite power and authority to enter into, execute and deliver this Agreement and that this Agreement is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. IN WITNESS WHEREOF, the City and the County have executed this Agreement as of the date first above written and under laws of the State of Colorado. ATTEST: COUNTY OF PUEBLO 44 By: -,_....6,161100, By: ��4 e Clerk to the Board / hair, Bo of County missioners Dale: ATTEST: CITY OF PUEBLO A Municipal Corporation ,��^^ __ OLv BY: AdiCity Clerk b ' esident of City Council Date: June 25, 2018 [ SEAL ] APPROVED AS TO FORM: APPROVED AS TO FORM: By: C --�-� By: .,A.A- Cou y i'.G�Attorney City Attorney 4