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01-11-2005 CASTA AGREEMENT FOR 2006 APPROPRIATION REQUESTAGREEMENT FOR 2006 APPROPRIATION REQUEST This agreement is entered into by and between the Colorado Association of Transit Agencies (CASTA), a Colorado nonprofit corporation and each of the members of the Colorado Transit Coalition requesting 2006 appropriation for 5309 bus and bus facilities funding, which members are listed on Exhibit A, attached hereto and incorporated herein by this reference (referred to collectively as the "members"). Whereas, CASTA is a nonprofit trade association located in Denver, Colorado and represents Colorado transit agencies, and Whereas, the Federal Transit Administration (FTA) provides capital funding to transit agencies under the Capital Program (49 U.S.C. Section 5309) Transportation Equity Act for the 21 S` Century (TEA-21), and Whereas, a number of Colorado transit agencies are desirous of obtaining a statewide authorization in the re-authorization of TEA-21 and congressional earmarked funds, for the federal Fiscal Year 2006, under Section 5309 for bus and bus related capital purchases, and Whereas, those Colorado transit agencies seeking U.S.C. 49, Section 5309 funding have affiliated as a nonprofit unincorporated association, known as Colorado Transit Coalition (Coalition), and have agreed that CASTA will act as a coordinator for the Coalition in seeking U.S.C. 49, Section 5309 funding, and Whereas, CASTA has entered into an agreement with a Washington D.C. based public affairs and governmental relations consulting firm, to provide transportation funding consulting services on behalf of the Coalition. Now therefore, CASTA and each of the Coalition members agree as follows: 1_ Term of Agreement. The term of this agreement shall be from January 1, 2005 through December 31, 2005. 2. Membership. Membership in the Coalition will be open to any Colorado transit agency that provides services which qualify for U.S.C. 49, Section 5309 funding. While a multi-year effort is anticipated, members may participate on an annual basis dependent on the individual member's capital needs. Members who do not request in a particular year will pay a reduced fee outside of this agreement. 3. Members' Capital Requests. The members' capital requests shall be handled as follows: a. Each member shall submit to CASTA by January 1, 2005 its capital request, in a form acceptable to CASTA and consistent with the capital request amount set forth on Exhibit A for that member. CASTA shall then compile the capital requests into a statewide request document to be presented to Congress for consideration. All capital requests (as listed on Exhibit A) must be supported by accurate, current planning documents. The member must verify that matching funds are available to support a grant in the fiscal year it is available. The Colorado Department of Transportation and/or the Federal Transit Administration, as appropriate, will review the planning documents for each member to assure that projects are capable of being obligated within Fiscal Year 2006, prior to submittal of the request to Congress in 2005. b. If a member requests an addition or reduction to a capital request, the impact on other members will be considered prior to any changes being approved by the Coalition members. A member will not be required to decrease a request that would place that member in the position of lacking sufficient funds to obtain usable units of equipment. For purposes of this agreement a usable unit of equipment will be as defined in the individual applicant's request. c. Exhibit A lists two groups. The first group requesting vehicles, equipment and facilities under $1M federal funding will divide 60% of the final U.S.C. 49, Section 5309 bus allocation. Fifteen percent of 60% of the final allocation will be distributed in equal portions to each agency. The remaining eighty- five percent will then be distributed based on a calculated rate proportionate to each member's capital request. No agency shall receive more than its original federal request. The bus and bus related allocation amounts will then be adjusted, as appropriate, to assure that each coalition member receives no more than the agency request, but an amount sufficient to obtain usable units of equipment by consensus of the Coalition members. The second listed group requesting facilities (over $1 M federal) will divide 40% of the final U.S.C. 49, Section 5309 bus allocation. The two agencies in the "Old Facilities" portion of the 2006 request will be funded before the "New Facility" so that, if possible, the remainder of the "Old facilities" is completely funded as shown. The New Facility request will then be funded with the remainder of the 2006 allocation for that year. No agency shall receive more than its original federal request. The two agencies termed "old facilities" may not receive more funding for their current facilities projects within the coalition because this is their third year. The "new facility" participates in the facilities portion of the coalition for 2006, 2007 and 2008 or until their request is completely funded whichever occurs first. For Example: Assuming that the allocation of funding is $7Mfor 2006. 15% of 60% of the final allocation printed in the Federal Register will be divided by the number of agencies in the vehicles, equipment, small facilities group signing the agreement e.g. ($4,200,000 x.15 = $630,000126 = $24,231 to each participant) If an agency requested $24,000 the remaining $231 goes back into the remaining funds to be redistributed to those requesting more. For those requesting more than $24,231 the remaining funding 2 is redistributed according to the percentage of each agency's total requested as shown on Exhibit A. For the Facilities group signing this agreement, 40% of the final allocation printed in the Federal Register, will be allocated first to the old facilities agencies whose projects are in their 3rd and last year in the facilities group according to the calculated rate proportionate to each member's capital request.Any remaining funding will be allocated to the "new facility" up to the amount of that request. Any overage of funding in the facilities group will be redistributed to the vehicles etc. group. d. Each coalition member in the 2006 annual request agrees to pay to CASTA, an equal amount of fifteen percent of the $175,000 administrative and consultant fees (e.g. 1/29 of $26,250 = $905). Members of the vehicles group will then pay their calculated rate on the remaining 60% of fees ($89,250) while the Facilities Group members pay a calculated rate on the remaining 40% percent of fees ($59,500) based on the percentage of the Statewide Request attributable to that member's capital request as set forth in Exhibit A. The payments shall be made to CASTA in no more than four equal installments, upon execution of this Agreement or after February 1St, April 1 St, July 1 St and October 1St 4. Services of CASTA. During the term of this agreement, CASTA will provide the following services: a. Act as the representative of the Coalition as it seeks U.S.C. 49, Section 5309 Bus Discretionary funding. The Executive Director of CASTA will serve as coordinator of the project for the Statewide Request. b. Retain a Washington D.C. based consultant familiar with the congressional process of determining Federal Transit Administration allocations for the total cost not to exceed $85,000 for the 5309 bus and bus facilities Colorado Transit Coalition work, including expenses. c. Provide monthly written reports to each Coalition member. 5. Payment to CASTA for Services. For its services during the term of this agreement, CASTA will retain from the payments received from the 2006 CTC 5309 bus and bus facilities members a total of $90,000 which amount includes all expenses to be incurred by CASTA. 6. Termination. Any party may withdraw from this agreement upon the giving of at least 30 days advance written notice to the other participants. 7. Appropriation of funds. The financial obligations of any participant in this Agreement which is a governmental entity subject to the direct or indirect financial obligation restrictions of the Colorado Constitution, Article X, Section 20(4)(b), or that government's local restrictions on contract appropriations, shall be subject to the appropriation and availability of funds in accord with Colorado and local law. 8. Addresses and Telephone Numbers The name and address of each member is listed on Exhibit A. The name, address, and telephone number of CASTA is: Colorado Association of Transit Agencies (CASTA) Attn: Jeanne J. Erickson, Executive Director 1580 Lincoln Street, Suite 780 Denver, CO 80203 Tel: (303) 839-5197 Email: casta@coloradotransit.com 9. Signatures. The parties agree that this Agreement may be signed in counterparts with CASTA to retain the original signatures of all parties. Dated: January 15, 2005. Colorado Association of Transit Agencies, a Colorado nonprofit corporation By: Doug Gies President 4 Organization: 7,M c~ .1 Name: ~r->( tO d C' . zat- e- Title: dVk--km CVZ. Date: Signa EXHIBIT A 20 06 5309 Bus and Bus Facilities Request Colorado Transit Coalition Appropriation Request 2006 % Cost Cost Total Cost Transit Agency Request Req. Equal 15% by % 2006 VEHICLES GROUP 1 NE Colo Cncl of LocalGov $ 74,000 0.2% $ 905 $ 153 $ 1,058 231 Main St.,STE 211 Ft. Morgan, CO 80701 Tel: 970-867-9409 2 City of Glenwood Sprgs $ 108,000 0.2% $ 905 $ 223 $ 1,128 101 East 8th St. Glenwd Sprgs, CO 81601 Tel: 970-384-6437 3 Adams County $ 111,440 0.3% $ 905 $ 230 $ 1,135 12200 Pecos Street Westminster, CO 80234 Tel: 303-453-8500 4 City of Loveland $ 232,000 0.5% $ 905 $ 479 $ 1,384 318 Garfield Ave. Loveland, CO 80537 Tel: 970-962-2427 5 Seniors Resource Ctr $ 232,000 0.5% $ 905 $ 479 $ 1,384 3227 Chase St. Denver, CO 80212-7033 Tel: 303-235-6970 6 Town of Avon $ 259,200 0.6% $ 905 $ 535 $ 1,440 P.O. Box 1726 Avon, CO 81620 Tel: 970-748-4120 7 Berthoud Trans Ser $ 320,000 0.7% $ 905 $ 661 $ 1,566 P.O. Box 1074 Berthoud, CO 80513 Tel: 970-532-2730 8 Flatiron Improve. District $ 384,000 0.9% $ 905 $ 793 $ 1,698 1 W. Flatlron Cir., STE 377 Broomfield, CO 80021 Tel: 720-887-9583 9 Greeley-The Bus $ 568,000 1.3% $ 905 $ 1,173 $ 2,078 1000 Tenth St. Greeley, CO 80631 Tel: 970-350-9751 10 Town of Snowmass Village $ 630,461 1.5% $ 905 $ 1,302 $ 2,207 P.O. Box 5010 SnowmasVil, CO 81615 Tel: 970-923-2543 11 Southeast Transp Auth $ 640,000 1.5% $ 905 $ 1,322 $ 2,227 30 South Raritan St. Denver, CO 80223 Tel: 303-744-6806 EXHIBIT A 2006 5309 Bus and Bus Facilities Request Colorado Transit Coalition Appropriation Request 2006 % Cost Cost Total Cost Transit Agency Request Req. Equal 15% by % 2006 12 Blackhawk Tramway $ 720,000 1.7% $ 905 $ 1,487 $ 2,392 PO Box 17 Black Hawk 80422 Tel: 303-582-2237 13 City of Aspen $ 794,400 1.8% $ 905 $ 1,640 $ 2,545 130 South Galena St. Aspen, CO 81611 Tel: 970-920-5042 14 Grand Valley Transit $ 832,000 1.9% $ 905 $ 1,718 $ 2,623 201 South Ave. Grand Junction, CO Tel: 970-255-7188 15 Special Transit $ 1,105,600 2.6% $ 905 $ 2,283 $ 3,188 4880 Pearl Boulder, CO Tel: 303-447-2848 16 Summit Stage $ 1,157,091 2.7% $ 905 $ 2,389 $ 3,294 P.O. Box 2179 Frisco, CO 80443 Tel: 970-668-4161 17 Mountain Express $ 1,321,062 3.1% $ 905 $ 2,728 $ 3,633 P.O. Box 39 Crested Butte 81224 Tel: 970-349-5615 18 Pueblo Transit $ 1,368,000 3.2% $ 905 $ 2,825 $ 3,730 350 S. Grand Ave. Pueblo, CO 81003 Tel: 719-553-2725 19 Eagle County RTA $ 2,292,000 5.3% $ 905 $ 4,733 $ 5,638 P.O. Box 1070 Gypsum, CO 81637 Tel: 970-328-3524 20 Steamboat Springs Trans $ 3,220,000 7.5% $ 905 $ 6,649 $ 7,554 P.O. Box 775088 Steamboat Springs, CO 80477 Tel: 970-879-3717 21 Town of Vail $ 3,367,200 7.8% $ 905 $ 6,953 $ 7,858 75 S. Frontage Rd. Vail, CO 81657 Tel: 970-479-2178 22 Town of Mtn Village $ 3,564,000 8.2% $ 905 $ 7,360 $ 8,265 113 Lost Crk Ln SteA Mtn Village CO 81435 Tel: 970-369-8204 EXHIBIT A 2006 5309 Bus and Bus Facilities Request Colorado Transit Coalition Appropriation Request 2006 % Cost Cost Total Cost Transit Agency Request Req. Equal 15% by % 2006 23 City of Colorado Sprgs $ 4,932,000 11.4% $ 905 $ 10,184 $ 11,089 1015 Transit Dr, P01575 Colo. Sprgs, CO 80901 Tel:719-385-5429 24 City of Ft. Collins $4,988,534 11.5% $ 905 $10,301 $11,206 6570 Portner Rd. Ft. Collins, CO 80525 Tel: 970-224-6032 25 RFTA $ 5,000,000 11.6% $ 905 10,325 $ 11,230 51 Service Center Drive Aspen, CO 81611 Tel:970=920-1905 Ex204 26 RTD $ 5,000,000 11.6% $ 905 10,325 $ 11,230 1600 Blake St. Denver, CO 80202 Tel: 303-299-2415 Total Request Vehicles $ 43,220,988 100.0% $ 23,530 $ 89,250 $ 112,780 FACILITIES GROUP 2606 Old Facilities 3rd Year 25 Town of Telluride $ 543,507 11.2% $ 905 $6,654 $ 7,559 P.O. Box 397 Telluride, CO 81435 Tel: 970-728-2177 26 Town of Breckenridge $1,616,620 33.3% $ 905 $ 19,791 $ 20,696 P.O. Box 168 Breckenridge CO 80424 Tel: 970-547-3153 New Facility (1st of 3yrs) 12 Durango Lift $ 2,700,000 55.6% $ 905 $ 33,055 $ 33,960 949 East Second Avenue Durango, CO 81301 Tel: 970-385-2889 Total Request Facilities $4,860;127 . 100%0 $ 2,715 $ 59;500 $ 62,216 TOTAL FUNDING REQUEST $48,081,115 $26,250 $148,750 $ 175,000 Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Bob Reed, Director of Public Works Date: 12/27/04 Re: CASTA agreement Summary: Attached you will find the 2006 agreement with the Colorado Association of Transit Agencies (CASTA) for services related to their representation of the Colorado Transit Coalition, of which we are a member. Background: The Colorado Transit Coalition was formed to have better representation in seeking U.S.C. 49, section 5309 funding for bus and bus facilities. CASTA serves as coordinator of the project for the statewide requests. Financial Implications: The Town of Avon's portion for 2006 is $1440.00 Recommendation: Staff recommends approval of the agreement. Town Manager Comments: C F7.1 i .A LL~h;~C f O 17- e, G~,✓ZZ-~ ELF-c.m~Z/~`? C.c'7,1.dce~ct/L•L 00 J , I:\Administration\Admin\Council MemoS\Cor11761 Memo Casta Agreement.Doc