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HomeMy WebLinkAboutC11-023 CASTA 2012 Appropriation Request AGREEMENT FOR 2012 APPROPRIATION REQUEST This Agreement for 2011 Appropriations Request (the "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 a 2012 appropriation for Bus and Bus Facility funding, which respective members are listed on Exhibit A, attached hereto and incorporated herein by this reference (referred to individually as a "Member" and 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 49 U.S.C. Section 5309 Bus and Bus Facility Capital Funding Program (the "Capital Funding Program ") in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( "SAFETEA -LU "), and Whereas, the Members are desirous of obtaining a statewide congressional earmark for the Federal Fiscal Year 2012 from the Capital Funding Program, and Whereas, those Colorado transit agencies seeking Capital Funding Program funding have affiliated as a nonprofit unincorporated association, known as the Colorado Transit Coalition (the "Coalition "), and have agreed that CASTA will act as a coordinator for the Coalition in seeking funding from the Capital Funding Program, and Whereas, CASTA has entered into an agreement with a Washington D.C. based public affairs and governmental relations consulting firm (the "Consultant ") to provide transportation funding consulting services on behalf of the Coalition. Now therefore, CASTA and each and every Member agrees as follows: 1. Term of Agreement. The term of this agreement shall be from January 1, 2011 through December 31, 2011. 2. Membership. Membership in the Coalition will be open to any Colorado transit agency that provides services which qualify for the Capital Funding Program funding. Members who sign this agreement specially agree not to request U.S.C. 49, Section 5309 Bus and Bus Facilities funding either independently or with any other group for an annual appropriation. All such funding requests to the Capital Funding Program shall be made exclusively through CASTA as agent for the Coalition. 3. 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 hereby agree to pay the flat rate portion of the fees in those years in which such Members make no requests. (The flat rate portion of the fees for Calendar Year 2011 is $983.) Page l of 5 0,1 -o2 4. Member's Capital Requests. A Member's capital request shall be handled as follows: a. Each Member shall submit to CASTA by November 30, 2010 its final capital request, in a form acceptable to CASTA. b. Capital requests shall be divided into two groups: c. Members requesting vehicles, equipment and facilities smaller than $1,000,000 federal share ( "Small Facilities ") shall hereinafter be called the Vehicles Group. Members of the Vehicles Group may request no more than $5,000,000 in federal funds in any given year. d. Members requesting funding for facilities costing more than $1,000,000 federal share (Large Facilities), shall hereinafter be called the Facilities Group. Members of the Facilities Group may request no more $7,500,000 in federal funds in any given three -year period. Requests may be spread over multiple years, not to exceed three years. Such Large Facility requests shall be prioritized by Members of the Coalition through action of the Facilities Prioritization Committee. e. Once timely requests are received, CASTA shall then compile the capital requests into a statewide request document to be presented to Colorado's Congressional Delegation for their consideration. Members hereby agree to support capital requests with accurate and current planning documents. Member must verify that matching funds are available to support a grant in the fiscal year for which such grant is requested. CASTA will ensure that the Colorado Department of Transportation and /or the Federal Transit Administration, as appropriate, reviews the planning documents for each member to assure that projects are capable of being obligated within Fiscal Year 2012. f. Once the statewide request has been submitted, the Coalition will consider and decide upon individual Member requests to increase or reduce capital requests. 5. Fund Distribution. Funding acquired through the Capital Funding Program will be distributed among the Members as follows: a. Fifteen percent of all funds will be distributed equally among requesting Members. b. The amount of funding from the Capital Funding Program that the Coalition receives for FY2012 (as published in the Federal Register) will determine remaining funding distribution. c. If such FY2012 funding is less than $7 Million, then 70% of the remaining 85% of the total funds shall be distributed to the Vehicles Group and 30% of the remaining 85% of the total funds shall be distributed to the Facilities Group. Page 2 of 5 d. If such FY2012 funding is $7 Million or more, then 60% of the remaining 85% of the total funds shall be distributed to the Vehicles Group and 40% of the remaining 85% shall be distributed to the Facilities Group. e. Funds distributed to the Vehicle Group shall be distributed to each requesting Vehicles Group Member proportionate to each Vehicle Group Member's share of the total Vehicle Group request. f. Funds distributed to the Facility Group shall be distributed to each requesting Facility Group Member proportionate to each Facility Group Member's share of the total Facility Group request unless one Member of the Facility Group is in its third year of funding, in which case that Member will receive, if possible, funding sufficient to complete its original request. g. No Member shall receive more than its original federal request. For Example: If the Coalition receives an allocation $8,000,000 for 2012, 15% of $8,000,000 or $1,200, 000 will be divided equally among all requesting Members. There are 27 requesting Members in FY2012, so each requesting Member would receive, for example, $44,444. Sixty percent of the remaining $6,800,000, or $4,080,000, would be distributed to each Vehicle Group Member based on the percentage of each Member 's request to the total Vehicle Group Request. Member A's request represented 5% of the total Vehicle Group Request, so Member A would receive 5% of $4,080,000, or $ 204, 000, plus the $44, 444 from the flat allocation, for a total of $248,444. Forty percent of the remaining $6,800,000, or $2,720,000, would be distributed to the Facilities Group Members based on the percentage of each Member 's request to the total Facility Group Request. Member B's request represented 25% of the Facility Group request, so Member B would receive 25% of $2,720,000, or $680, 000 plus the $44,444 from the flat allocation, for a total of$724,444. 6. Member Fees. Each undersigned Member agrees to pay to CASTA: a. an equal amount of fifteen percent of the $190,000 administrative and consultant fees ( "AC Fees "). (For this Agreement $28,500/29 = $983). b. Each Vehicles Group Member agrees to also pay an additional amount of the remaining 60% of the fees, or $96,900. The additional fee shall be calculated for each Vehicle Group Member as a percentage of the total Vehicle Group fee equal to the percentage of that Member's request to the total Vehicles Group request. c. Each Facility Group Member agrees to also pay an additional amount of the remaining 40% of the fees, or $64,600. The additional fee shall be calculated for each Facility Group Member as a percentage of the total Facility Group fee equal to the percentage of that Member's request to the total Facility Group request. Page 3 of 5 For example, Member A's request represents 5% of the Vehicle Group total request. Member A's fees would be 5% of $96, 900 ($4, 845) plus the flat fee of $1,056, for a total of $5,901. Member B's request represents 25% of the Facility Group total request. Member B's fees would be 25% of $64,600 or $16,160 plus the flat fee of $1,056 for a total of $17,206. d. All payments shall be made to CASTA in no more than four equal installments due February 1, 2011, April 1, 2011, July 1, 2011 and October 1, 2011. 7. Services of CASTA. During the term of this Agreement, CASTA agrees: a. To act as the representative of the Coalition as it seeks funding from the Capital Funding Program. The Executive Directors of CASTA will serve as coordinators of the Coalition's statewide request. b. To retain a Washington D.C. -based consultant familiar with the congressional process of obtaining discretionary earmarks (at a total cost not to exceed $90,000) for the Capital Funding Program. c. To provide timely written reports and timely communications to each Member. 8. Payment to CASTA for Services. For its services during the term of this agreement, CASTA will retain all fees received from the Members, except the $90,000 due the Consultant. 9. Termination. Any party may withdraw from this Agreement upon the giving of at least 30 days advance written notice to the other participants. However, fees will not be refunded and all outstanding balances must still be paid as such amounts become due. 10. 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. 11. 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: Executive Director 1580 Lincoln Street, Suite 780 Denver, CO 80203 Tel: (303) 839 -5197 Emails :elenaw @coloradotransit.com or annr @coloradotransit.com Page 4 of 5 12. Signatures. The parties agree that this Agreement may be signed in counterparts with CASTA to retain the original signatures of all parties. Dated: January 1, 2011 Colorado Association of Transit Agencies, a Colorado nonprofit corporation By: L Rob Andresen President, Colorado Association of Transit Agencies Organization: ‘ L Name: "gr, �-/ P. „/`` Title: .ay., /drn 7 , Date: /7/ L / // 1 Signature: ...,may Page 5 of 5