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HomeMy WebLinkAboutC11-379 2013 Federal Appropriation and Authoritzation Request Agreement AGREEMENT FOR 2013 FEDERAL APPROPRIATION AND AUTHORIZATION REQUEST This Agreement for 2012 Federal Appropriations and Authorization 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 2013 appropriation, authorization or award for Bus and Bus Facility funding, which respective members are listed on Exhibit A, attached hereto and incorporated herein by this reference each (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 ") as part of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( "SAFETEA -LU "), and Whereas, SAFETEA -LU expired on September 30, 2009 and Congress is currently in the process of writing the new transportation authorization legislation ( "Authorization "), and Whereas, the FTA may solicit statewide proposals for capital funding projects through competitive grant programs ( "Competitive Grants "), and Whereas, CASTA has developed a proposal to include the performance measure of ridership in the Section 5311 Rural & Small Transit funding program in the new authorization legislation " g p gr ("Rural Formula Proposal "), and Whereas, the Members are desirous of obtaining : i) a statewide congressional appropriation for the Federal Fiscal Year 2013 from the Capital Funding Program, ii) a statewide appropriation in the next transportation Authorization, iii) inclusion of the Rural Formula Proposal in the Section 5311 Rural Funding formula, and iv) awards through the Competitive Grants, and Whereas, those Colorado transit agencies seeking Capital Funding Program funding, Authorization appropriations, Rural Formula Proposal and Competitive Grants 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, 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 agree as follows: 1. Term of Agreement. The term of this agreement shall be from January 1, 2012 through December 31, 2012. 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. Through their respective signatures below, each Member hereby specifically agrees not to request U.S. C. 49, Section 5309 Bus and Bus Facilities funding either independently or with any other group for an Page 1 of 4 annual appropriation, unless otherwise directed through an FTA Notice of Funding Availability ( "NOFA "). Each member hereby agrees and acknowledges that all such funding requests to the Capital Funding Program shall be made exclusively through CASTA as agent for the Coalition unless otherwise directed through an FTA NOFA. 3. Each Member agrees and acknowledges that, despite the one -year term of this Agreement, the Coalition anticipates and will conduct a multi -year effort. Members who are not making a capital request this year must pay the flat rate portion of the fees this year. Note: the flat rate fee for FY2013 is $950. 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, 2011 its final capital request, in a form acceptable to CASTA unless the project is already listed on the Colorado Transit Coalition Master Capital Needs list ( "Master Capital Needs List "), a copy of which is attached hereto as Exhibit B. b. Each Member shall submit by January 1, 2012, a picture of its existing transit system transporting people, or drawings of proposed any facilities, or other visual images of its transit system as appropriate. c. Each member shall submit by January 1, 2012, a human- interest story from a user of the transit system illustrating the benefits of transit to the community. d. Each Member shall, by January 1, 2012 identify at least five (5) people in the community who will be willing and able to write letters of support as requested throughout the year for any capital request or application. e. Once Members' 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. Members must verify that sufficient 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 Federal Fiscal Year 2013. 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, with each member receiving an equal percentage share. b. The remaining 85% of Capital Funding Program funding received shall be distributed to each requesting Member proportionate to each Member's share of the total dues paid as identified on Exhibit A. c. No Member shall receive more than its original federal request. 6. Member Fees. Each undersigned Member agrees to pay to CASTA: Page 2 of 4 a. The appropriate amount listed on Exhibit A. These figure are the average dues paid (in the agency's active years to the Coalition from 1998 — 2011. For agencies that have not participated in the Coalition before 2012, the amount shown represents that agency's proportionate amount of 15% of the total dues amount. b. All payments shall be made to CASTA in no more than four equal installments. Such installments are due February 1, 2012, April 1, 2012, July 1, 2012 and October 1, 2012 respectively. 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, Authorization appropriation, Rural Formula Proposal and Competitive Grants 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 $30,000) for the Capital Funding Program, Authorization appropriation, Rural Formula Proposal and Competitive Grants Program. c. To provide weekly written reports and timely communications to each Member. d. To host four meetings in 2012 — one at the Spring Training Conference to be held in Fort Collins, CO the week of May 7, 2012; one at the Fall Transit Conference to be held in Grand Junction, CO the week of September 10, 2012; and at least two additional meetings via conference call as determined by Congressional action. e. To travel to Washington D.C. at least twice as determined by Congressional action to visit with Congressional delegation staff and members, committee staff and FTA staff as appropriate. f. To disseminate information as available on FTA Competitive Grant programs; to coordinate application process with the Colorado Department of Transportation as directed by NOFA requirements; to assist Members as requested in the application process; to collect letters of support for statewide applications; and to work closely with FTA staff to further Colorado's competitive advantage in the competitive grant process. 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 $30,000 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 for any given fiscal year 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. Page 3 of 4 . 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 1589 Lincoln Street, Suite 780 Denver, CO 80203 Tel: (303) 839 -5197 Fmzi ls: elenaw@coloradotransit.com and annr@coloradotransit.com 12. Signatures. The parties agree that this Agreement may be signed in counterparts with CASTA to retain the original signatures of all parties. Colorado Association of Transit A , a Colorado nonpro i corp ' n By: , 4 .. Board ' "` t, Colorado Association of Trans Agenc Date: , 4,9 lk r Member Organization: Eagle County Regional Transportation Authority Name: Keith Montag Title: County Manager Date: December 8, 2011 Signature: ..si. Page 4 of 4 • EXHIBIT A 2012 Colorado Transit Master Capital Needs List Email 01 Email 02 Email N! Agency em improvements Total Cost Federal Share Local Share Aspen, City of lynnb @ci.aspen.co.us johnk @ci.aspen.co.us Avon, Town of jburden@avon.org jstrehler @avon.org Blackhawk, City of tisbester@ cityofhlackhawlaostranderconsulting @msn.com i in maintenance $30,000 524,000 $6,000 Breckenridge, Town of maribethl @townofbreckenridge.com of 2 Transit Coaches $260,000 $208,000 552,000 Colorado Springs - Mountain Metro Transit cblewitt@springsgov.com DMenter @springsgov.com Irao @springsgov: Crested Butte - Mountain Express bquigglecb @msn.com clarsen @crestedbutte- co.gov Durango, City of blakeak @ci.durango.co.us dugdaieSL @ci.durango.co.0 petersenrl @ci.ddelter amenities 568,800 $55,040 $13,760 562,500 550,000 512,500 Street Bridge and 5198,553 $128,000 $70,553 Eagle County RTA kelley.collier @eaglecounty.us ;ion $300,000 5240,000 560,000 Fort Collins - Transfort msittner @fcgov.com kravenschlag @fcgov.com ion -board security 5300,000 $240,000 $60,000 Glenwood Springs sbrandt @fcgov.c Greeley Evans Transit (GET) John.Lee @GreeleyGov.corn Gunnison Valley RTA struex @gunnisonvalleyrta.orR Loveland, City of abreom @ci.loveland.co.uw reestk @ci.loveland.co.us Mesa County todd.hollenbeck @mesaco kathy.young @mesacounty.us Mountain Village, Town of ccolter @mtnvillage.org Igarrett@mtnvillage.org moard@mtnVilla NECALG Iworth @necalg.com dthorndyke @necalg.com Pueblo Transit bbroyies @pueblo.us pmanzanares @pueblo.us Roaring Fork Transportation Authority dblankenship @rha.com djohnson @rfta.com 52,000,000 51,500,000 $500,000 as i Stati Grade- 54,000,000 53,000,000 51,000,000 RID- Denver sherry.ellebracht @rtd -der robert.downes @rtd denver liz.telford @rtd f; Seniors' Resource Center hbraaksma @srcaging.org vehicles and $120,000 $96,000 524,000 Snowmass Village, Town of dpeckier @tosv.com cfoster @tosv.com at our existing bus $290,000 $232,000 $58,000 irrow -Band 512,000 57,920 54,080 South Central COG tallen @sccog.net klarson@sccog.net pfraser @sccog.n Special Transit lenna @specialtransit.org rich @specialtransit.org 5198,880 5159,104 $39,776 Steamboat Springs, City of pshelton @steamboatsprirjflint @steamboats rin p gs.newdelliquadri @sDfa GPS system for 582,104 $65,683 516,421 SUCAP ptregillus @sucap.org ewasserbach @sucap.org Summit County Government - Summit Stage JohnJ @co.summit.co.us StephenS@co.sumrnit.co.us Telluride, Town of jwhite @telluride- co.gov sberryman @telluride- co.gov Vail Transit mrose @vailgov.mm jrihanek @vailgov.com ghall @vailgov.cr nprovements total $ 7 , 922837 - - - - - - -- -- _ -- - -- - $ 6,005,747 $ 1,917,090