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Home My WebLink About1998-022-02/03/1998-AUTHORIZING AGREEMENT WITH CASTA TO OBTAIN EARMARKED FEDERAL TRANSIT ADMINISTRATION CAPITAL PROGRAM RESOLUTION 98-22 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COLORADO ASSOCIATION OF TRANSIT AGENCIES (TOGETHER WITH OTHER TRANSIT AGENCIES) TO OBTAIN EARMARKED FEDERAL TRANSIT ADMINISTRATION CAPITAL PROGRAM (49 U.S.C. SECTION 5309) FUNDS WHEREAS, the Colorado Association of Transit Agencies (CASTA) is a nonprofit trade association located in Denver, Colorado, which represents Colorado transit agencies; and WHEREAS, the Federal Transit Administration provides capital funding to transit agencies under the Capital Program (49 U.S.C. Section 5309) or any applicable successor provisions in legislation re-authorizing the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA); and WHEREAS,a number of Colorado transit agencies are desirous of obtaining congressional earmarked funds, in the federal Fiscal Year `99, under Section 5309 for capital purchases; and WHEREAS, those Colorado transit agencies seeking U.S.C. 49, Section 5309 funding have affiliated as a nonprofit unincorporated association, Colorado Transit Coalition ("the 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 will be entering 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; and WHEREAS, the City of Fort Collins desires to participate with other Colorado transit agencies by entering into an agreement jointly with other transit agencies and CASTA for said purpose, with the total cost of said agreement to be in the sum of$107,500 to be proportionately divided among said agencies; and WHEREAS, the City's portion of said cost is $33,486, which has been appropriated as part of the 1998 annual appropriation ordinance and is available for this program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS,that the City Manager be, and hereby is, authorized to enter into an agreement with the Colorado Association of Transit Agencies and certain other transit agencies, pursuant to the form of agreement attached hereto as Exhibit "A" and incorporated herein by this reference, to obtain earmarked Federal Transit Administration capital program funds through 49 U.S.C. Section 5309, with the City's cost share in said agreement to be in the sum of$33,486. Passed and adopted at a regular meeting of the City Council h,eldthis 3rd day of February A.D. 1998. lga�or ATTEST: City Clerk Exhibit N AGREEMENT 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 an informal coalition, the Colorado Transit Coalition, as 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 provides capital funding to transit agencies under the Capital Program (49 U.S.C. Section 5309) or any applicable successor provisions in legislation re-authorizing the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and Whereas, a number of Colorado transit agencies are desirous of obtaining congressional earmarked funds, in the federal Fiscal Year '99, under Section 5309 for capital purchases, and Whereas,those Colorado transit agencies seeking U.S.C. 49, Section 5309 funding have affiliated as a nonprofit unincorporated association, Colorado Transit Coalition(Coalition), and have agreed that CASTA act will as a coordinator for the Coalition in seeking U.S.C. 49, Section 5309 funding, and Whereas, CASTA will be entering 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, 1998 through December 31, 1998. 2. Membership. Membership in the Coalition will be open to any Colorado transit agency that qualifies for U.S.C. 49, Section 5309 funding. While a multi-year effort is anticipated, members may choose to participate on an annual basis dependent on the individual member's capital needs. 3. Members' Capital Requests The members' capital requests shall be handled as follows: a. Each member shall submit to CASTA by a mutually agreed upon date 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 "do-able" within Fiscal Year '99, prior to submittal of the request to Congress in January of 1998. 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 increase or 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. (See Exhibit A) c. If the final U.S.C. 49, Section 5309 bus allocation is less than requested in the statewide request, reduction to each member will be calculated ratably based on their capital request. The bus allocation amounts and consultant costs will then be adjusted, as appropriate,to assure that each coalition member receives an amount sufficient to obtain usable units of equipment by consensus of the Coalition members. d_ The members each agree to pay to CASTA in four(4) equal installments an amount equal to such members' proportional share of One Hundred Seven Thousand Five Hundred Dollars ($107,500) based on the percentage of the total Statewide Request attributable to that member's capital request, as set forth in Exhibit A. The payments shall be made to CASTA upon execution of this Agreement and on or before April 151, July 1 s`and October I". 4. Services of CASTA. During the term of this agreement, CASTA will provide the following services: a_ Will act as the representative of the Coalition as it seeks U.S.C. 49, Section 5309 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 determining Federal Transit Administration allocations for the total cost of Eighty-two Thousand Dollars ($82,500.00), including expenses. c. Will provide monthly written reports to each Coalition member. 5. Payment to CASTA for Services., ervices For its services during the term of this agreement,CASTA will retain from the payments by the members a total of Twenty-five Thousand Dollars ($25,000), which amount includes all expenses to be incurred by CASTA. 2 6. Termination. Any party may withdraw from this agreement upon 30 days written notice to the other but such termination shall not prevent the recovery of damages for breach of this agreement pursuant to the arbitration provision in this contract. 7. Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in Denver, Colorado in accordance with its applicable Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 8. Addresses and Telephone Numbers The name, address, telephone and FAX number of each member is listed on Exhibit A. The name, address, telephone and FAX number of CASTA is: Colorado Association of Transit Agencies (CASTA) Attn: Jeanne J. Erickson,Executive Director 225 East 16`h Avenue, Suite 1070 Denver, CO 80203 Tel: (303) 839-5197 Fax: (303) 832-3053 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 11998. Colorado Association of Transit Agencies, a Colorado nonprofit corporation By: Jan Choti President 3 CL 3038323OS3 P.e2 EXHIBIT A FEDERAL PORTION OF ANNUAL REQUEST SECTION 5309 Transit Agencies TEUFAY, FY 1999 Percent CASTA/LMRC RTO EliZaheth Rao $107,500 1600 Blake Street (303) 2Sa-2485 5 5,000,000 12.7871% $ 13,748 Denver, CO 80202 (303)2�% 2425 NECTA/County Exp Bruce Sass 1619 S. 6th Avenue (970) 522.6440 S 532,CCC 1.3605% $ 1,463 Sterling, CO 80751 (970) 522-6490 RideTransit/DO George Small 5 525,CCO 1.3426% $ 1,443 P.O. Box 2090 (719) 275.1616 Canon City, CO81216 (719)27S4619 Durango Lift Jan Chcti S 153,200 ^0.4174% $ 449 949 East Second Ave. (970) 385.2880 Durango, CO 8=1 (970) 3c5-7547 'pecial Transit Lenna Kcttke S 171,800 0.4389% $ 472 4880 Pearl St ('303) 44'7-2848 Boulder, CO 80301 (303) 447-C686 Town of Telluride Tom Gabarron $ 2,459,200 6.2892% $ 8,761 P.O. Box 397 (970)728-2179 Telluride, CO81426 (970) 72o-0548 Mtn ExpressJCB Fritz Chappel S 750,400 1.9191% $ Z063 P.O. Box 39 (970) 349-5616 Crested Butte, CO 81224 (970)349-6626 Eagle Co. RTA Jim Shrum $ 806,250 2-0619% S Z217 P.O. Box 15U (970) 74&0704 Avon, CO 81620 (970) 748-0710 TransFort/Ft. Collins David Lilly S 12,180,000 31.1494% S 33,486 6570 Portner Rd. (970)221-6032 Ft Collins, CO 80525 (970)221-6285 Summit Stage Amy Ostrander S 3,472,C00 8.8794% $ 9,545 PO Box 68 (970) 668-4161 Frisco, CO 80424 (970) 668-4165 Roaring Fork TA Dan Blankenship $ 4,600.OW 11.7641% S 12,646 51 Service Center Dr. (970) 920-1905 Aspen, CO 81611 (970) 920-2864 Page 1 TOTRL P.02 JAN-21-1990 12:41 CASTA OR CO OL 1 3038323053 P.01 Steamboat Springs Tran George Krawzoff $ 860,000 2.2505% $ 2,419 P.O. Box T75088 (970)879.3717 Steambt Sprgs. 80477 (970) 879-3806 Pueblo Transit Ella Bowman $ 1,000,000 2.5574% $ 2,749 350 S. Elizabeth St (719)542-4305 Pueblo, CO 81003 (719) 5450934 Metro Mobility Bill Wendt $ 600.000 1.5345% $ 1,650 3650 Chestnut PI. (3W)292-6914 Denver, CO 80216 (303)292-1636 Colorado Springs Andrea Phillips $ 3,000,000 7.8723% $ 8,248 PO Box 1575, MC 450 (719)385-5423 Colo. Springs, CO W901 (719)578-6255 Greeley-The Bus Gary Taylor S 400,WC 1.0230% $ 1,100 1200"A"Street (970) 350-9751 Greeley, CO 80631 (970)350-9736 Weld County Linda Piper S 154,125 0. 942% $ 424 P.O. Box 1805 (970) 353-3816 Greeley, CO80632 (970) 356-3975 Town of Mtn Village Gerald Wallace $ 1,934.080 4.9463% $ 5,317 P.O. Box 11064 (970) 728-7338 Telluride, CO81435 (970) 728-4342 Town of Vail Mike Rase $ 474,000 1.2122% $ 1,303 75 S. Frontage Road (970) 479-2358 Vail, CO 81657 (970) 479-1715 1990 TOTAL REQUEST $ 39,101,855 100% S 107,5W Page 2 TOTAL P.01 Organization: Name: Title: Date: ATTEST: 6