HomeMy Public PortalAboutResolution 2014-12-01 Authorizing Entering into a Contract with First Transit, Inc. for Transportation ServicesTOWN OFFRASER
RESOLUTION NO. 2014-12-01
ARESOLUTION AUTHORIZING ENTERING INTO ACONTRACT WITH FIRST TRANSIT,
INC. FOR TRANSPORTATION SERVICES
BE|TRESOLVED BYTHE BOARD OFTRUSTEES OFTHE TOWN C}FFRA8ER.
COLORADO THAT:
The Town Manager is hereby authorized to execute 8 contract with First Transit, Inc. for
transportation services with a term to expire April 19, 2015,
READ. PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES
THIS 3'"DAY C}FDECEMBER, 2O14.
Votes infavor: ~7
Votes opposed:
Absent:
Abstained:
BOARD C]FTRUSTEES [>FTHE
TOWN RASE D t' OLORADO
ATTEST:
Town Clerk
TRANSPORTATION SERVICES AGREEMENT
Town of Fraser
This Agreement, entered into this 1st day of November 2014, by and between the Town of Fraser,
Colorado, whose address for notices is Post Office Box 120, Fraser, Colorado 80442 ("Customer"), and First
Transit, Inc., a Delaware corporation, whose address for notices is PO Box 166, Winter Park, CO 80482, ATTN.:
Operations Manager ("First Transit").
SECTION 1. SERVICES AND TERM
1.1 First Transit hereby agrees to provide transportation services as described in Exhibit A during the terms of
this Agreement. All such services provided by First Transit shall comply with and be in accord with all
requirements of any applicable municipal, state, and federal laws, ordinances, rules and regulations and the
terms and conditions of this Agreement.
1.2 This Agreement shall commence and take effect on November 12, 2014, and end on or about April 19,
2015. The Agreement may be extended by mutual written approval by both parties.
SECTION 2. ROUTES AND SCHEDULES
2.1 The schedules, routes and stops for the shuttle service as well as the period of time that the service will
operate, shall be determined by the Customer and First Transit through mutual written agreement prior to the
commencement of the ski season and may thereafter be revised from time to time through their prior written
agreement. The schedules, routes and stops shall be established to provide service to the Town of Fraser and
surrounding properties and attractions.
SECTION 3. INSURANCE
3.1 First Transit agrees to maintain in full force and effect during the term of this Agreement, insurance policies
providing the following minimum coverage amounts:
a. Worker's Compensation - statutory required level
b. Automobile liability - $15,000,000. (Combined Single Limit)
The Customer shall be named as an additional insured and such coverage shall be evidenced by a certificate
of insurance.
SECTION 4. DISCLAIMER OF AGENCY AND INDEMNIFICATION
4.1 First Transit acknowledges that it is an independent contractor, and as such, is not and shall not be construed
to be an agent or employee of Customer. First Transit further agrees to indemnify, hold harmless and defend
Customer from and against any and all liability for loss, damage or expense which Customer suffers or for
which Customer is held liable by reason of injury, including death, to any person or damage to any property
arising out of First Transit's negligent or willful act or omissions in performing this Agreement. Nothing in
this indemnity shall require First Transit to indemnify, hold harmless and defend Customer from any liability
for loss, damage or expense that arises out of any negligence, willful acts or omissions of Customer, its
agents, servants or employees.
SECTION 5. VEHICLES
5.1 All vehicles shall be maintained in good repair and working order, and in a clean and sanitary condition. All
vehicles shall be adequately heated and ventilated and shall be equipped with a first-aid kit, one bus will be
equipped with an "ADA" lift.
SECTION 6. CHARGES
6.1 The schedule of charges for the transportation services described in Exhibit A, are set forth in Exhibit B.
6.2 Any extra work performed during the holiday season (Thanksgiving, Christmas Week, New Year Eve, MLK
Day, Presidents weekend and Spring Break) periods will be billed separate from the contract on a monthly
basis.
6.3 The payment schedule based upon the anticipated service level of 1033.5 hours shall be as follows:
Base Service
January 1, 2014
$10,400.00
February 1, 2014
$10,400.00
March 1, 2014
$10,400.00
April 1, 2014
$10,400.00
April 22, 2014
$10,400.00
TOTAL $ 52,000.00
SECTION 7. MISCELLANEOUS PROVISIONS
7.1 Force Maieure. First Transit will incur no liability to Customer for failure to perform any obligation under
this Agreement if prevented by a national emergency, wars, riots, fires, labor disputes, strikes, loss of
transportation facility, federal, state or local laws, rules, regulations, shortages (local or national), or fuel
allocation programs, or any other cause beyond First Transit's control whether existing now or hereafter.
7.2 Notices. All notices required or permitted by this Agreement shall be in writing and sent to the appropriate
address shown on page 1 hereof or to such other address as either party may be furnished to the other in
writing. Such notices shall be either deposited, postage prepaid, in the registered or certified United States
mail, return receipt requested, or sent prepaid via air courier service and shall be effective upon receipt.
7.3 Modification. No waivers, alterations, or modifications of this Agreement or any agreement in
connection with it shall be valid unless in writing and duly executed by both First Transit and Customer
or to such other address as either party may be furnished to the other in writing: First Transit, PO Box
166, Winter Park, CO 80482, ATTN.: Operations Manager with a copy to General Counsel, First Group
America, 600 Vine Street, Suite 1400, Cincinnati, Ohio 45202.
7.4 Entire Agreement. This Agreement, including the Exhibits, constitutes the entire agreement between the
parties and will supersede all previous negotiations and commitments whether written or oral.
7.5 Savings Clause. The form of this Agreement is intended for general use in the United States of America
and in the event that any of the terms and provisions are in violation of any Federal, State or Local law shall
be of no force and effect to the extent of such violation or prohibition, without invaliding the remaining
terms and provisions of this Agreement.
IN WITNESS WHEREOF, Customer and First Transit have caused this Agreement to be executed by their
duly authorized representatives as of the day and year first above written.
Witnessed:
Attest:
TOWN OF FRASER, a Colorado Municipal
Corporation
By:
Title:
Date:
First Transit, Inc.
By:
Title: Region Vice President
Date:
EXHIBIT 'A' TO TRANSPORTATION SERVICES AGREEMENT
Dated November 1, 2014 between the Town of Fraser (Customer), and First Transit, Inc.
DESCRIPTION OF SERVICES
First Transit will furnish transportation services for the guests and residents of the Meadow Ridge/Fraser area as
desired by Customer. The defined service area shall be the existing, Meadow Ridge Purple to be known as the
Meadow Ridge Express and night Purple routes as the Meadow Ridge night line and all areas within
three-fourths (3/4) of a mile on either side of the route. Such service will be performed with the authority of the
Town of Fraser and in accordance with the laws and regulations of the United States Department of
Transportation, the State of Colorado and all political subdivisions thereof. In order to provide the subject
service, First Transit will provide and furnish all proposed regular service and spare buses, drivers, management,
administration, insurance, maintenance, fuel and payment of all applicable taxes and fees.
In connection with its provision of transportation of services of the kind desired by the Customer, First Transit
shall provide an adequate number of buses to perform the agreed upon routes with one bus being Lift Equipped.
First Transit will run the white transit or school type bus for the operation of routes and schedules as mutually
agreed upon by Customer and First Transit. One additional bus to service a route to be split with the Town of
Winter Park will be provided also. Additional buses will be provided during holiday and busy seasons as
directed by the Customer.
All buses shall be equipped with such safety appliances and features as are required by the Colorado Public Utilities
Commission, as well as with two-way radios which are compatible with, and of the same frequency as Channel
transportation prim of the Winter Park Recreational Association's radio communication system.
EXHIBIT 'B' TO TRANSPORTATION SERVICES AGREEMENT
Dated November 12, 2014 between the Town of Fraser (Customer), and First Transit Inc.
RATES
The day/night shuttle transportation service shall be provided to the Town at the following rate:
Flat rate charge per month listed in section 6.3: minimum of 1033.5 hours per season.