Board Packet February 28, 2006
Transcription
Board Packet February 28, 2006
Hillsborough Area Regional Transit Authority Tampa Historic Streetcar, Inc. Joint Board Meeting Tuesday, February 28, 2006 9:00 a.m. th 201 East Kennedy Blvd., 5 Floor Conference Room (Suite 510) Agenda Tab I. Welcome and Chairs’ Opening Statements II. Response to HART Board Concerns (20 min.) III. Streetcar Operating Agreement & Request for Proposals (20 min.) IV. Streetcar Extension (15 min.) V. Discussion VI. Public Comment VII. Adjournment VIII. Background Information A. History B. Streetcar Purpose, Goals & Objectives C. Interlocal & Tri-Party Agreements D. Accomplishments – 2005 Annual Report E. Endowment and Revenue Development Program Hillsborough Area Regional Transit Authority Board of Directors Ricardo A. Roig, Chairman Commissioner Brian Blair John Byczek Commissioner Kathy Castor Brian Delamer City of Tampa Councilmember John Dingfelder Edward F. Giunta, II City of Temple Terrace Councilmember Ron Govin Alison Hewitt Mr. David Mechanik David A. Storck Commissioner Ronda Storms Clark Jordan-Holmes, General Counsel Mission Statement The mission of the Hillsborough Area Regional Transit Authority (HART) is to provide public transportation services, which are safe, dependable, and cost effective thereby enhancing the quality of life in our community. Tampa Historic Streetcar, Inc. Board of Directors Michael English, President City of Tampa Councilmember Mary Alvarez Michael Chen City of Temple Terrace Councilmember Ron Govin David Mechanik Regan Haines Joan Jennewein David Mechanik John Moors Jan Smith Alternates: Eddie Hamp Chris Prather Jo Jeter Lee Huffstutler Richard Schlosser, General Counsel Mission Statement Tampa Historic Streetcar, Inc. (THS) will offer a dynamic new component to Tampa’s transportation system by providing attractive, reliable, comfortable, convenient and safe streetcar service to local residents and visitors alike. TAB II Response to HART Board Concerns Voiced on October 12, 2005 1. Withdrawals from the endowment fund. 2. The amount of money withdrawn annually from the endowment fund should not exceed what is earned from the endowment. Response: a. Questions 1 and 2 are essentially the same concern. The financial structure of the streetcar system has always depended on withdrawals from the endowment to provide operating funds. The initial 1998 interlocal agreement between HART and the City of Tampa included a ten-year forecast of the endowment. The forecast showed growth in the endowment during the first several years, but after commencement of streetcar operations there would be net withdrawals (earnings minus withdrawals) of $200,000 to $300,000 per year. Accordingly, the endowment fund balance was expected to grow at first and then decline over the initial ten years. 3. A serious look needs to be taken at a worst-case scenario over the next year so that when the 2007 budget is submitted for approval, there are suggestions on additional revenue sources. Response: a. The key financial variables have been varied to portray a best-case, worst-case and mid-range scenario. See Exhibit 1, Streetcar Business Plan Scenarios. 4. A mutual effort should be taken to lobby the State legislature to assist with removing or cutting the expenses for the insurance. Response: a. THS has $100 million in passenger rail liability insurance. This coverage is stipulated in the “Tampa Interlocking Operating and Maintenance Agreement” in which CSX Transportation, Inc. (CSXT) granted HART a license for the streetcar to cross CSXT tracks at grade in Ybor City. This agreement was later assigned by HART to THS. THS must pay an annual insurance premium of up to $369,000. This equates to 15 percent of its FY 2006 budget. b. In the Interlocking Agreement, CSXT agreed that if Florida law limits CSXT’s exposure to a specific amount, then HART (and by assignment THS) must maintain liability insurance equal to that amount or $100 million, whichever is greater. CSXT later agreed to discuss possible legislation to address liability for accidents involving passenger rail, insurance for such accidents in the State of Florida, and the streetcar crossing. These discussions would also involve the City of Tampa and THS. c. The agreement further states that if HART is able access the State of Florida’s self-insurance fund for rail liability, and provides proof to CSXT, HART may self insure for up to the first $5 million of liability Page 1 To date, the state has not been willing to provide access to the self-insurance pool. d. A solution to the premium expense issue is to reduce the potential liability of CSX for a crossing accident. That will require state legislation. During negotiations of the agreement with CSX, CSX indicated extreme interest in having the City/HART/THS representatives push for such legislation. The only way this can be accomplished is for representatives of the THS owners and Board to approach the Florida legislature for someone to sponsor such legislation. This is a political problem that needs a political solution at this time. CSXT has recently pursued legislative caps of $200 million in other states and may pursue such a cap in Florida. In such an event, THS should seek to have the streetcar system exempted from such legislation in order to maintain its current $100 million or less in coverage. 5. The projected 8 percent of rate of return is too optimistic. Response: a. The historical trend depends greatly on the timeframe being considered and whether the overall market was moving up or down during this period. The rate of return can vary considerably over the short term. The rate of return also depends on the blend of assets in the endowment portfolio. In December 2004, the THS Board made the decision to alter the blend of assets from 50% equities / 50% fixed income to 65% equities / 35% fixed income. The following table shows the endowment’s actual performance through December2005 as well as a longer historical trend of portfolios with this blend of assets. Period Asset Blend Annualized Rate of Return Jan. 2005 – Dec. 2005 Actual Performance 65% equities / 35% fixed income 4.20 percent Last 36 months, Actual Performance (Jan. 2002 – Dec. 2005) Last 80 months (Life of Endowment), Actual Performance 50% equities / 50% fixed 9.08 percent 50% equities / 50% fixed 1.97 percent Ten-Year Historical Perf. (through 9/30/05)* 65% equities / 35% fixed income 7.59 percent Twenty-Year Historical Perf. (through 9/30/05)* 65% equities / 35% fixed income 10.91 percent * See Exhibit 2 for tables prepared by Trusco Capital Management. 6. A confirmation is required from the Port Authority on their annual contribution. Response: Page 2 a. The Port Authority is committed to help fund streetcar operations through fiscal year 2007. The business plan includes a proposal for their contribution to continue based on the assumption that the Port Authority will acknowledge the benefits of economic development encouraged by the streetcar system. b. HART’s Executive Director has initiated discussions with the Port Authority’s Executive Director. c. The Port Authority Executive Director asked for information on cruise ship passengers using the streetcar. A survey of streetcar passengers is scheduled for February 2006. 7. Reconsideration of the structure by which the streetcar is governed. A three-tier Board does not have strong stewardship and general government sensitivities. Response: a. The current structure of the streetcar arose out of a concern on the part of the prior Mayor that too much control should not be put in either the City or HART, so the idea of a separate corporation was created, giving only slightly more control to the City than to HART. It was also the original plan for HART to operate the system under the authority of the THS Board and shortfall funding to come solely from the City of Tampa. From a legal standpoint, the current system is cumbersome, but it may serve some existing political need. b. If the rationale has changed for operating through a somewhat independent agency, much of the enabling documentation of Tampa Historic Streetcar, Inc. will need to be changed, including the original Inter-local Agreement between the City and HART and the Tri-party Agreement among the City, HART and the streetcar company. c. It may be helpful to have legal counsel prepare a summary of the existing contractual arrangements before any wholesale change in the structure is undertaken because both control and funding obligations are part of the current agreements. These will have to be analyzed and changed with care. 8. The 20-year business plan contains too many unrealistic assumptions. Response: a. The business plan is a working document that allows THS and other decision makers to chart a course and identify future actions to sustain the streetcar system. Like many other plans it is based on assumptions that will change over time and the forecast will change as well. b. The key financial variables include ridership growth, performance of the endowment, sales of the naming rights, growth of the assessment district, contributions from other sources such as the Port Authority, cost to operate the streetcar system, and insurance costs. As noted in response to question 3, these have been varied to portray a best-case, worst-case and mid-range scenario. 9. It needs to be determined how much money will be required to build the streetcar extension to Whiting Street prior to discussing projections of the business plan. Page 3 Response: a. The business plan is needed to justify state and federal grants to build the extension. It was developed taking the Whiting Street extension, also known as the Phase II-A project, into account. In developing this plan, the Florida Department of Transportation has stressed the importance of demonstrating a tangible local financial commitment to the extension project. b. The business plan is premised on adding the segment to Whiting Street. No engineering studies have been conducted to provide an estimate of the cost to design and build the extension. However, HART has secured federal funding and authorization to proceed with the environmental assessment phase of the extension project. HART and the City of Tampa have drafted an agreement to define the roles and responsibilities for the Whiting Street extension project. See Tab IV. c. HART has $375,000 in federal funds currently allocated to this project. An additional $1.7 million in future federal funding is in the FDOT work program for this project. Congestion Mitigation and Air Quality (CMAQ) funding was previously programmed for the extension, however, because the Tampa Bay area has met national air quality goals, CMAQ funds are not longer available to this project. Therefore, FDOT has suggested the pursuit of other funding such as the state’s New Starts funding. Any state or federal funding is subject to the outcome of environmental assessment of the extension project. 10. Commissioner Blair did not support the proposal of assessment of homesteaded residential properties along the streetcar line. He thought it would have been reasonable to moth-ball the streetcar operations until the downtown area grows enough to survive off the revenues generated solely from the ridership. Response: 635 new residential units have been built in the Downtown and Channel Districts, 1,854 are under construction and more than 5,000 are on the drawing board. See Exhibit 3. As the downtown and Channel District, and Ybor City, continue to become populated with new urban residents and supporting retail, service and office uses, the mission of the Streetcar System will evolve from its current mission of primarily serving visitors. Many residents will also work in the immediate area and, we anticipate, ask for morning streetcar service with quicker travel times. In addition, we expect that residents will utilize the streetcar system for shopping and leisure activity travel in the area, particularly as auto congestion increases in the area, as it is expected to do continually over the next decade. As residents demand new and faster service, the justification for adding homesteaded residential property into the special assessment district will be justifiable, and should be made a subject for public debate. Furthermore, if the system were mothballed (i.e., withdrawing the equipment and facilities from service before the end of their normal life cycle) HART would incur significant costs related to preserving its assets and reimbursing the federal and state governments for their shares of these assets. See Exhibit 4. Page 4 Exhibit 1 Streetcar Business Plan Scenarios Inputs Ridership Annual Growth Rate Endowment Rate of Return Years to Sell Remaining Naming Rights to Streetcars - 8 Remaining Stations - 3 Remaining + 1 Future Port Authority Annual Contribution after 2007 Special Assessment Years to Add Incremental Revenue from Planned Construction Average Annual Growth Rate through 2014 Result - Year Endowment is Depleted Q:\Joint THS HART Board Meeting\TAB II - Exhibit 1 - Streetcar Proformas - 121005 Worst Case Mid-Range Best Case 2% 4% 3% 6% 4% 8% 15 10 8 7 100,000 4 3 150,000 $ - $ $ 8 3.0% 6 5.4% 3 8.0% 2011 2014 2025 December 2005 Projected Streetcar Ridership 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Worst Case Mid-Range Best Case Monthly Farebox Revenue $1.80 $60,000 $1.60 $50,000 $1.20 Total Dollars $40,000 $1.00 $30,000 $0.80 $0.60 $20,000 $0.40 $10,000 $0.20 $0 $0.00 Oct-04 Nov-04 Dec-04 Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05 Farebox Revenue Average Fare per Boarding Average Fare per Boarding $1.40 Projected Sales of Naming Rights $1,400,000 $1,200,000 Sell-Out by 2009 (Best Case) $1,000,000 Sell-Out by 2013 (Mid-Range) $800,000 Sell-Out by 2020 (Worst Case) $600,000 $400,000 $200,000 $0 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Worst Case Mid-Range Best Case Special Assessment District Projected Revenue $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Best Case Mid-Range Worst Case Endowment Fund Projected Balance $10,000,000 $5,000,000 $0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 -$5,000,000 -$10,000,000 -$15,000,000 -$20,000,000 -$25,000,000 Year Mid-Range Worst Case Best Case DRAFT TECO Line Streetcar Business Plan Mid-Range Case Endowment and Operations A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 Actual Rev Budget 2 Escalator Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 5 Ridership 6 1.03 Ridership Phase I (3% Growth Rate) 420,000 425,614 434,498 398,304 410,253 422,561 417,284 429,803 442,697 439,259 452,436 466,010 464,150 478,075 492,417 491,974 521,492 537,137 538,037 554,178 570,803 573,003 590,193 7 1.03 Ridership Phase IIa (3% Growth Rate) 73,000 75,920 78,957 78,344 80,694 83,115 82,783 85,267 87,825 87,746 90,378 93,089 93,245 96,042 98,924 99,305 102,284 10 Total Ridership (3% Growth Rate) 420,000 425,614 434,498 398,304 410,253 422,561 490,284 505,723 521,654 517,602 533,130 549,124 546,933 563,341 580,241 579,719 611,870 630,226 631,282 650,220 669,727 672,308 692,477 11 Cash Fare $1.25 $1.50 $1.50 $2.00 $2.00 $2.00 $2.25 $2.25 $2.25 $2.50 $2.50 $2.50 $2.75 $2.75 $2.75 $3.00 $3.00 $3.00 $3.25 $3.25 $3.25 $3.50 $3.50 12 0.776 Estimated Average Fare $0.97 $1.05 $1.02 $1.35 $1.43 $1.43 $1.68 $1.68 $1.75 $1.94 $1.94 $1.94 $2.13 $2.13 $2.13 $2.33 $2.33 $2.33 $2.52 $2.52 $2.52 $2.72 $2.72 13 14 Cumulative 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Endowment 15 Balance Forward 4,005,000 4,034,917 4,761,550 5,260,388 4,558,797 3,957,269 3,271,229 2,582,041 2,045,179 1,543,320 1,034,872 603,889 173,251 16 Prepaid Items 100,000 17 TECO 800,000 200,000 18 Time Warner (car) 250,000 15,000 15,000 19 TB Credit Union (station) 100,000 15,000 15,000 20 Suntrust (car) 150,000 50,000 28,000 21 Who. Furn. (Cadrecha station) 33,333 66,667 15,000 15,000 22 TYCSRS (term. FY 2004) 25,000 12,500 23 Vigo - Breezer Car Sponsor 87,500 49,500 54,450 59,895 65,885 72477 24 1.03 New Vehicle Naming Rights Sold and Renewed 35,000 70,000 105,000 140,000 175,000 210,000 245,000 280,000 288,400 297,052 305,964 315,142 324,597 334,335 344,365 354,696 365,336 376,297 387,585 399,213 25 95,481 98,345 101,296 104,335 107,465 110,689 114,009 117,430 120,952 124,581 128,318 132,168 1.03 New Station Naming Rights Sold and Renewed 30,000 30,000 30,000 60,000 60,000 60,000 90,000 92,700 27 1.03 Ticket Naming Rights 20,000 20,600 21,218 21,855 22,510 23,185 23,881 24,597 25,335 26,095 26,878 27,685 28,515 29,371 30,252 31,159 32,094 33,057 28 1.03 Phase II Station Naming and Renewals 30,000 30,900 31,827 32,782 33,765 34,778 35,822 36,896 38,003 39,143 40,317 41,527 42,773 44,056 29 Actual Change in Investment Value (1,228,416) 482,466 470,838 30 6.0% Estimated ROR on Balance Forward (less bank fees) 315,623 273,528 237,436 196,274 154,922 122,711 92,599 62,092 36,233 10,395 31 Operating (Shortfall) (1,204,714) (940,056) (1,023,476) (1,040,461) (912,385) (930,287) (947,352) (940,481) (1,004,542) (1,075,692) (1,085,299) (1,171,334) (1,262,224) (1,285,071) (1,351,014) (1,456,033) (1,486,208) (1,602,300) (1,725,140) (1,768,864) (1,903,842) 32 33 Endowment Balance 4,034,917 4,761,550 5,260,388 4,558,797 3,957,269 3,271,229 2,582,041 2,045,179 1,543,320 1,034,872 603,889 173,251 (379,980) (632,522) (704,973) (781,873) (790,309) (841,410) (931,141) (945,569) (1,045,442) (1,106,576) (1,178,094) (1,295,348) 34 35 Revenues 36 Prior Fund Balance 847,271 852,973 119,286 37 Advance Payment of Operating Expenses (100,000) 38 Grant Funds: 39 CMAQ - Phase I Operations 1,450,000 664,322 40 CMAQ - Streetcar Events Management 22,000 41 CMAQ - Phase II Operations 42 State Service Development (Marketing) 25,000 25000 43 1 Section 5307 Federal Formula Grant - Capitalized Maintenance 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 44 100,000 100,000 100,000 1 State Block Grant - Operations 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 45 Other Revenues: 46 Farebox - Phase I $ 408,082 $ 448,088 $ 430,000 $ 536,444 $ 587,483 $ 605,107 $ 700,412 $ 721,424 $ 772,949 $ 852,162 $ 877,727 $ 904,058 $ 990,496 $ 1,020,211 $ 1,050,818 $ 1,145,315 $ 1,214,034 $ 1,250,455 $ 1,356,928 $ 1,397,636 $ 1,439,565 $ 1,556,276 $ 1,602,964 47 Farebox - Phase IIa 0 0 0 0 0 0 122,531 127,432 137,859 151,987 156,546 161,243 176,659 181,959 187,418 204,272 210,400 216,712 235,164 242,219 249,486 269,712 277,804 50 5.4% Special Assessment 337,620 319,126 300,000 360,000 429,000 502,000 579,000 670,000 706,000 740,000 772,000 802,000 829,000 853,000 878,000 903,000 929,000 956,000 984,000 1,012,000 1,041,000 1,071,000 1,102,000 51 Port of Tampa Contribution 200,000 200,000 150,000 150,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 52 1.03 Sales of Int. Adverts., Merchandise & Spec. Service 15,000 25,342 15,000 45,000 61,350 78,191 80,536 82,952 85,441 88,004 90,644 93,364 96,164 99,049 102,021 105,081 108,234 111,481 114,825 118,270 121,818 125,473 129,237 53 Interest 11,816 10,000 9,000 54 Vigo - Breezer Car Sponsor 58,000 54,500 55 Inkind Advertising 25,000 25,000 56 Joint Development - Ybor Station 0 0 0 0 0 0 0 0 0 0 0 0 57 Total Revenue 3,057,973 2,721,667 1,279,286 1,479,944 1,527,833 1,610,298 1,907,478 2,001,808 2,102,248 2,232,152 2,296,917 2,360,664 2,492,320 2,554,219 2,618,256 2,757,668 2,861,667 2,934,647 3,090,918 3,170,125 3,251,869 3,422,461 3,512,005 58 59 OPERATING SCENARIO: Phase IIa to Whiting, existing base service with 4 vehicles and capital improvements to improve operations 60 Operating Expenses 61 1.05 HART Operations - Phase I Only 1,884,000 1,436,545 1,544,700 1,581,600 1,644,300 1,726,515 1,812,841 1,903,483 1,998,657 2,098,590 2,203,519 2,313,695 2,429,380 2,550,849 2,678,391 2,812,311 2,952,927 3,100,573 3,255,602 3,418,382 3,589,301 3,768,766 3,957,204 62 1 HART Operations - Capitalized Maint. Charged to Fed. Grant 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 63 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 1 HART Operations - Charged to State Block Grant 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 64 1.05 HART Operations - Anticipated Extra Service (funded by CMAQ) 5,000 22,000 10,000 10,500 11,025 11,576 12,155 12,763 13,401 14,071 14,775 15,513 16,289 17,103 17,959 18,856 19,799 20,789 21,829 22,920 24,066 25,270 65 1.05 HART Operations - Purchased Service 4,362 15,000 15,750 16,538 17,364 18,233 19,144 20,101 21,107 22,162 23,270 24,433 25,655 26,938 28,285 29,699 31,184 32,743 34,380 36,099 37,904 66 1.05 HART Operations - Phase I Commuter Service (Not Included in Scenario) 67 1.05 HART Operations - Add in Phase IIa 65,000 68,250 71,663 75,246 79,008 82,958 87,106 91,462 96,035 100,836 105,878 111,172 116,731 122,567 128,696 135,130 141,887 70 69,556 71,643 73,792 76,006 78,286 80,635 83,054 85,546 88,112 90,755 93,478 96,282 99,171 102,146 105,210 1.03 Marketing (Revenue Development) Program\ 20,000 58,100 61,800 63,654 65,564 67,531 71 1.03 CSX Interlock Flagman (& Insur thru 2004) 250,000 874,125 220,000 72 1.03 CSX Interlock Insurance (FY 2005 and beyond) 373,000 369,000 380,070 391,472 403,216 415,313 427,772 440,605 453,823 467,438 481,461 495,905 510,782 526,106 541,889 558,146 574,890 592,137 609,901 628,198 647,044 73 1.03 Board 71,000 82,349 104,300 86,300 88,889 91,556 94,302 97,131 100,045 103,047 106,138 109,322 112,602 115,980 119,459 123,043 126,734 130,536 134,453 138,486 142,641 146,920 151,328 74 1 Operating Contingencies 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 75 Total Expenses 2,205,000 2,602,381 2,484,000 2,420,000 2,551,309 2,650,759 2,819,864 2,932,095 3,049,600 3,172,633 3,301,459 3,436,357 3,577,619 3,725,553 3,880,480 4,042,738 4,212,681 4,390,681 4,577,126 4,772,426 4,977,009 5,191,325 5,415,846 76 77 Ending Fund Balance (Annual) 852,973 119,286 (1,204,714) (940,056) (1,023,476) (1,040,461) (912,385) (930,287) (947,352) (940,481) (1,004,542) (1,075,692) (1,085,299) (1,171,334) (1,262,224) (1,285,071) (1,351,014) (1,456,033) (1,486,208) (1,602,300) (1,725,140) (1,768,864) (1,903,842) 78 79 ANNUAL SURPLUS/ (SHORTFALL) 603,889 173,251 (379,980) (632,522) (704,973) (781,873) (790,309) (841,410) (931,141) (945,569) (1,045,442) (1,106,576) (1,178,094) (1,295,348) 80 Legend 81 Subject to Approval of THS or Others 82 Renewal of Existing Naming Right 83 Phase IIa Extension to Whiting Street 84 Key Assumption 85 DRAFT December 2005 Q:\Joint THS HART Board Meeting\TAB II - Exhibit 1 - Streetcar Proformas - 121005 DRAFT TECO Line Streetcar Business Plan Worst Case Scenario Endowment and Operations A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 Actual Rev Budget 2 Escalator Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 5 Ridership 6 1.02 Ridership Phase I (2% Growth Rate) 420,000 425,614 434,498 394,437 402,326 410,373 401,314 409,340 417,527 410,262 418,467 426,836 421,006 429,426 438,014 433,371 459,374 468,561 464,789 474,085 483,567 480,717 490,332 7 1.02 Ridership Phase IIa (2% Growth Rate) 73,000 75,920 78,957 77,583 79,135 80,717 79,615 81,207 82,831 81,953 83,592 85,264 84,578 86,269 87,995 87,476 89,226 10 Total Ridership (2% Growth Rate) 420,000 425,614 434,498 394,437 402,326 410,373 474,314 485,260 496,483 487,845 497,602 507,554 500,620 510,633 520,845 515,324 542,966 553,825 549,367 560,354 571,561 568,193 579,557 11 Cash Fare $1.25 $1.50 $1.50 $2.00 $2.00 $2.00 $2.25 $2.25 $2.25 $2.50 $2.50 $2.50 $2.75 $2.75 $2.75 $3.00 $3.00 $3.00 $3.25 $3.25 $3.25 $3.50 $3.50 12 0.776 Estimated Average Fare $0.97 $1.05 $1.02 $1.35 $1.43 $1.43 $1.68 $1.68 $1.75 $1.94 $1.94 $1.94 $2.13 $2.13 $2.13 $2.33 $2.33 $2.33 $2.52 $2.52 $2.52 $2.72 $2.72 13 14 Cumulative 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Endowment 15 Balance Forward 4,005,000 4,034,917 4,761,550 5,260,388 4,453,590 3,751,469 2,908,699 1,938,132 1,020,065 83,952 16 Prepaid Items 100,000 17 TECO 800,000 200,000 18 Time Warner (car) 250,000 15,000 15,000 19 TB Credit Union (station) 100,000 15,000 15,000 20 Suntrust (car) 150,000 50,000 28,000 21 Who. Furn. (Cadrecha station) 33,333 66,667 15,000 15,000 22 TYCSRS (term. FY 2004) 25,000 12,500 23 Vigo - Breezer Car Sponsor 87,500 49,500 54,450 59,895 65,885 72477 24 1.03 New Vehicle Naming Rights Sold and Renewed 35,000 35,000 70,000 70,000 105,000 105,000 140,000 140,000 175,000 175,000 210,000 210,000 245,000 245,000 280,000 288,400 297,052 305,964 315,142 324,597 25 60,000 60,000 90,000 92,700 95,481 98,345 101,296 104,335 107,465 110,689 114,009 117,430 1.03 New Station Naming Rights Sold and Renewed 30,000 30,000 30,000 30,000 30,000 60,000 60,000 60,000 27 1.03 Ticket Naming Rights 20,000 20,600 21,218 21,855 22,510 23,185 23,881 24,597 25,335 26,095 26,878 27,685 28,515 29,371 30,252 31,159 32,094 33,057 28 1.03 Phase II Station Naming and Renewals 30,000 30,900 31,827 32,782 33,765 34,778 35,822 36,896 38,003 39,143 40,317 41,527 42,773 44,056 29 Actual Change in Investment Value (1,228,416) 482,466 470,838 30 4.0% Estimated ROR on Balance Forward (less bank fees) 210,416 178,144 150,059 116,348 77,525 40,803 3,358 31 Operating (Shortfall) (1,204,714) (945,265) (1,057,828) (1,206,915) (1,116,192) (1,182,634) (1,193,299) (1,181,210) (1,268,468) (1,361,339) (1,395,131) (1,496,813) (1,604,975) (1,652,981) (1,731,423) (1,856,895) (1,918,797) (2,056,943) (2,202,713) (2,284,639) (2,446,532) 32 33 Endowment Balance 4,034,917 4,761,550 5,260,388 4,453,590 3,751,469 2,908,699 1,938,132 1,020,065 83,952 (864,685) (868,805) (903,497) (998,154) (1,102,751) (1,137,713) (1,241,402) (1,249,801) (1,323,497) (1,409,081) (1,457,549) (1,581,857) (1,668,375) (1,780,620) (1,927,392) 34 35 Revenues 36 Prior Fund Balance 847,271 852,973 119,286 37 Advance Payment of Operating Expenses (100,000) 38 Grant Funds: 39 CMAQ - Phase I Operations 1,450,000 664,322 40 CMAQ - Streetcar Events Management 22,000 41 CMAQ - Phase II Operations 42 State Service Development (Marketing) 25,000 25000 43 1 Section 5307 Federal Formula Grant - Capitalized Maintenance 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 44 100,000 100,000 100,000 1 State Block Grant - Operations 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 45 Other Revenues: 46 Farebox - Phase I $ 408,082 $ 448,088 $ 430,000 $ 531,235 $ 576,131 $ 587,653 $ 673,605 $ 687,077 $ 729,002 $ 795,908 $ 811,826 $ 828,062 $ 898,426 $ 916,395 $ 934,723 $ 1,008,888 $ 1,069,422 $ 1,090,810 $ 1,172,198 $ 1,195,642 $ 1,219,555 $ 1,305,628 $ 1,331,741 47 Farebox - Phase IIa 0 0 0 0 0 0 122,531 127,432 137,859 150,511 153,521 156,592 169,898 173,296 176,762 190,787 194,603 198,495 213,305 217,571 221,922 237,585 242,337 50 3.0% Special Assessment 337,620 319,126 300,000 360,000 406,000 453,000 502,000 552,000 604,000 657,000 677,000 697,000 718,000 740,000 762,000 785,000 809,000 833,000 858,000 884,000 911,000 938,000 966,000 51 Port of Tampa Contribution 200,000 200,000 150,000 150,000 52 1.03 Sales of Int. Adverts., Merchandise & Spec. Service 15,000 25,342 15,000 45,000 61,350 78,191 80,536 82,952 85,441 88,004 90,644 93,364 96,164 99,049 102,021 105,081 108,234 111,481 114,825 118,270 121,818 125,473 129,237 53 Interest 11,816 10,000 9,000 54 Vigo - Breezer Car Sponsor 58,000 54,500 55 Inkind Advertising 25,000 25,000 56 Joint Development - Ybor Station 0 0 0 0 0 0 0 0 0 0 0 0 57 Total Revenue 3,057,973 2,721,667 1,279,286 1,474,735 1,493,481 1,443,844 1,703,672 1,749,461 1,856,301 1,991,423 2,032,991 2,075,017 2,182,488 2,228,740 2,275,505 2,389,757 2,481,258 2,533,786 2,658,329 2,715,483 2,774,296 2,906,686 2,969,315 58 59 OPERATING SCENARIO: Phase IIa to Whiting, existing base service with 4 vehicles and capital improvements to improve operations 60 Operating Expenses 61 1.05 HART Operations - Phase I Only 1,884,000 1,436,545 1,544,700 1,581,600 1,644,300 1,726,515 1,812,841 1,903,483 1,998,657 2,098,590 2,203,519 2,313,695 2,429,380 2,550,849 2,678,391 2,812,311 2,952,927 3,100,573 3,255,602 3,418,382 3,589,301 3,768,766 3,957,204 62 1 HART Operations - Capitalized Maint. Charged to Fed. Grant 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 63 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 1 HART Operations - Charged to State Block Grant 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 64 1.05 HART Operations - Anticipated Extra Service (funded by CMAQ) 5,000 22,000 10,000 10,500 11,025 11,576 12,155 12,763 13,401 14,071 14,775 15,513 16,289 17,103 17,959 18,856 19,799 20,789 21,829 22,920 24,066 25,270 65 1.05 HART Operations - Purchased Service 4,362 15,000 15,750 16,538 17,364 18,233 19,144 20,101 21,107 22,162 23,270 24,433 25,655 26,938 28,285 29,699 31,184 32,743 34,380 36,099 37,904 66 1.05 HART Operations - Phase I Commuter Service (Not Included in Scenario) 67 1.05 HART Operations - Add in Phase IIa 65,000 68,250 71,663 75,246 79,008 82,958 87,106 91,462 96,035 100,836 105,878 111,172 116,731 122,567 128,696 135,130 141,887 70 69,556 71,643 73,792 76,006 78,286 80,635 83,054 85,546 88,112 90,755 93,478 96,282 99,171 102,146 105,210 1.03 Marketing (Revenue Development) Program\ 20,000 58,100 61,800 63,654 65,564 67,531 71 1.03 CSX Interlock Flagman (& Insur thru 2004) 250,000 874,125 220,000 72 1.03 CSX Interlock Insurance (FY 2005 and beyond) 373,000 369,000 380,070 391,472 403,216 415,313 427,772 440,605 453,823 467,438 481,461 495,905 510,782 526,106 541,889 558,146 574,890 592,137 609,901 628,198 647,044 73 1.03 Board 71,000 82,349 104,300 86,300 88,889 91,556 94,302 97,131 100,045 103,047 106,138 109,322 112,602 115,980 119,459 123,043 126,734 130,536 134,453 138,486 142,641 146,920 151,328 74 1 Operating Contingencies 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 75 Total Expenses 2,205,000 2,602,381 2,484,000 2,420,000 2,551,309 2,650,759 2,819,864 2,932,095 3,049,600 3,172,633 3,301,459 3,436,357 3,577,619 3,725,553 3,880,480 4,042,738 4,212,681 4,390,681 4,577,126 4,772,426 4,977,009 5,191,325 5,415,846 76 77 Ending Fund Balance (Annual) 852,973 119,286 (1,204,714) (945,265) (1,057,828) (1,206,915) (1,116,192) (1,182,634) (1,193,299) (1,181,210) (1,268,468) (1,361,339) (1,395,131) (1,496,813) (1,604,975) (1,652,981) (1,731,423) (1,856,895) (1,918,797) (2,056,943) (2,202,713) (2,284,639) (2,446,532) 78 79 ANNUAL SURPLUS/ (SHORTFALL) 1,020,065 83,952 (864,685) (868,805) (903,497) (998,154) (1,102,751) (1,137,713) (1,241,402) (1,249,801) (1,323,497) (1,409,081) (1,457,549) (1,581,857) (1,668,375) (1,780,620) (1,927,392) 80 Legend 81 Subject to Approval of THS or Others 82 Renewal of Existing Naming Right 83 Phase IIa Extension to Whiting Street 84 Key Assumption 85 DRAFT December 2005 Q:\Joint THS HART Board Meeting\TAB II - Exhibit 1 - Streetcar Proformas - 121005 DRAFT TECO Line Streetcar Business Plan Best Case Scenario Endowment and Operations A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 Actual Rev Budget 2 Escalator Year 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 5 Ridership 6 1.04 Ridership Phase I (4% Growth Rate) 420,000 425,614 434,498 402,171 418,258 434,989 433,727 451,076 469,119 469,995 488,795 508,346 511,234 531,683 552,951 557,817 591,286 614,937 621,947 646,825 672,698 681,847 709,121 7 1.04 Ridership Phase IIa (4% Growth Rate) 73,000 75,920 78,957 79,104 82,268 85,559 86,045 89,487 93,066 93,885 97,641 101,546 102,704 106,812 111,085 112,595 117,099 10 Total Ridership (4% Growth Rate) 420,000 425,614 434,498 402,171 418,258 434,989 506,727 526,996 548,076 549,099 571,063 593,906 597,279 621,170 646,017 651,702 688,926 716,483 724,651 753,637 783,783 794,442 826,220 11 Cash Fare $1.25 $1.50 $1.50 $2.00 $2.00 $2.00 $2.25 $2.25 $2.25 $2.50 $2.50 $2.50 $2.75 $2.75 $2.75 $3.00 $3.00 $3.00 $3.25 $3.25 $3.25 $3.50 $3.50 12 0.776 Estimated Average Fare $0.97 $1.05 $1.02 $1.35 $1.43 $1.43 $1.68 $1.68 $1.75 $1.94 $1.94 $1.94 $2.13 $2.13 $2.13 $2.33 $2.33 $2.33 $2.52 $2.52 $2.52 $2.72 $2.72 13 14 Cumulative 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Endowment 15 Balance Forward 4,005,000 4,034,917 4,761,550 5,260,388 4,664,005 4,202,277 3,786,446 3,572,697 3,527,026 3,486,208 3,460,588 3,507,722 3,572,836 3,557,093 3,492,201 3,370,126 3,182,875 3,004,999 2,779,230 2,472,765 2,167,750 1,769,580 1,311,084 794,344 16 Prepaid Items 100,000 17 TECO 800,000 200,000 18 Time Warner (car) 250,000 15,000 15,000 19 TB Credit Union (station) 100,000 15,000 15,000 20 Suntrust (car) 150,000 50,000 28,000 21 Who. Furn. (Cadrecha station) 33,333 66,667 15,000 15,000 22 TYCSRS (term. FY 2004) 25,000 12,500 23 Vigo - Breezer Car Sponsor 87,500 49,500 54,450 59,895 65,885 72477 24 1.03 New Vehicle Naming Rights Sold and Renewed 70,000 140,000 210,000 280,000 288,400 297,052 305,964 315,142 324,597 334,335 344,365 354,696 365,336 376,297 387,585 399,213 411,189 423,525 436,231 449,318 25 107,465 110,689 114,009 117,430 120,952 124,581 128,318 132,168 136,133 140,217 144,424 148,756 1.03 New Station Naming Rights Sold and Renewed 30,000 60,000 90,000 92,700 95,481 98,345 101,296 104,335 27 1.03 Ticket Naming Rights 20,000 20,600 21,218 21,855 22,510 23,185 23,881 24,597 25,335 26,095 26,878 27,685 28,515 29,371 30,252 31,159 32,094 33,057 28 1.03 Phase II Station Naming and Renewals 30,000 30,900 31,827 32,782 33,765 34,778 35,822 36,896 38,003 39,143 40,317 41,527 42,773 44,056 29 Actual Change in Investment Value (1,228,416) 482,466 470,838 30 8.0% Estimated ROR on Balance Forward (less bank fees) 420,831 373,120 336,182 302,916 285,816 282,162 278,897 276,847 280,618 285,827 284,567 279,376 269,610 254,630 240,400 222,338 197,821 173,420 141,566 104,887 63,548 31 Operating (Shortfall) (1,204,714) (934,848) (952,013) (836,665) (724,786) (777,580) (776,219) (749,377) (799,952) (861,816) (851,861) (918,927) (989,859) (981,495) (1,031,627) (1,111,227) (1,102,730) (1,189,483) (1,281,491) (1,277,147) (1,376,596) 32 33 Endowment Balance 4,034,917 4,761,550 5,260,388 4,664,005 4,202,277 3,786,446 3,572,697 3,527,026 3,486,208 3,460,588 3,507,722 3,572,836 3,557,093 3,492,201 3,370,126 3,182,875 3,004,999 2,779,230 2,472,765 2,167,750 1,769,580 1,311,084 794,344 156,483 34 35 Revenues 36 Prior Fund Balance 847,271 852,973 119,286 37 Advance Payment of Operating Expenses (100,000) 38 Grant Funds: 39 CMAQ - Phase I Operations 1,450,000 664,322 40 CMAQ - Streetcar Events Management 22,000 41 CMAQ - Phase II Operations 42 State Service Development (Marketing) 25,000 25000 43 1 Section 5307 Federal Formula Grant - Capitalized Maintenance 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 44 100,000 100,000 100,000 1 State Block Grant - Operations 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 45 Other Revenues: 46 Farebox - Phase I $ 408,082 $ 448,088 $ 430,000 $ 541,652 $ 598,946 $ 622,904 $ 728,011 $ 757,131 $ 819,082 $ 911,790 $ 948,262 $ 986,192 $ 1,090,973 $ 1,134,612 $ 1,179,996 $ 1,298,597 $ 1,376,513 $ 1,431,573 $ 1,568,551 $ 1,631,293 $ 1,696,545 $ 1,851,896 $ 1,925,972 47 Farebox - Phase IIa 0 0 0 0 0 0 122,531 127,432 137,859 153,462 159,601 165,985 183,620 190,965 198,604 218,565 227,308 236,400 259,019 269,380 280,155 305,809 318,041 50 8.0% Special Assessment 337,620 319,126 300,000 360,000 489,000 638,000 689,000 737,000 781,000 820,000 853,000 879,000 905,000 932,000 960,000 989,000 1,019,000 1,050,000 1,082,000 1,114,000 1,147,000 1,181,000 1,216,000 51 Port of Tampa Contribution 200,000 200,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 52 1.03 Sales of Int. Adverts., Merchandise & Spec. Service 15,000 25,342 15,000 45,000 61,350 78,191 80,536 82,952 85,441 88,004 90,644 93,364 96,164 99,049 102,021 105,081 108,234 111,481 114,825 118,270 121,818 125,473 129,237 53 Interest 11,816 10,000 9,000 54 Vigo - Breezer Car Sponsor 58,000 54,500 55 Inkind Advertising 25,000 25,000 56 Joint Development - Ybor Station 0 0 0 0 0 0 0 0 0 0 0 0 57 Total Revenue 3,057,973 2,721,667 1,279,286 1,485,152 1,599,296 1,814,094 2,095,078 2,154,515 2,273,382 2,423,256 2,501,506 2,574,540 2,725,758 2,806,626 2,890,621 3,061,243 3,181,054 3,279,454 3,474,396 3,582,943 3,695,518 3,914,178 4,039,250 58 59 OPERATING SCENARIO: Phase IIa to Whiting, existing base service with 4 vehicles and capital improvements to improve operations 60 Operating Expenses 61 1.05 HART Operations - Phase I Only 1,884,000 1,436,545 1,544,700 1,581,600 1,644,300 1,726,515 1,812,841 1,903,483 1,998,657 2,098,590 2,203,519 2,313,695 2,429,380 2,550,849 2,678,391 2,812,311 2,952,927 3,100,573 3,255,602 3,418,382 3,589,301 3,768,766 3,957,204 62 1 HART Operations - Capitalized Maint. Charged to Fed. Grant 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 63 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 1 HART Operations - Charged to State Block Grant 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 64 1.05 HART Operations - Anticipated Extra Service (funded by CMAQ) 5,000 22,000 10,000 10,500 11,025 11,576 12,155 12,763 13,401 14,071 14,775 15,513 16,289 17,103 17,959 18,856 19,799 20,789 21,829 22,920 24,066 25,270 65 1.05 HART Operations - Purchased Service 4,362 15,000 15,750 16,538 17,364 18,233 19,144 20,101 21,107 22,162 23,270 24,433 25,655 26,938 28,285 29,699 31,184 32,743 34,380 36,099 37,904 66 1.05 HART Operations - Phase I Commuter Service (Not Included in Scenario) 67 1.05 HART Operations - Add in Phase IIa 65,000 68,250 71,663 75,246 79,008 82,958 87,106 91,462 96,035 100,836 105,878 111,172 116,731 122,567 128,696 135,130 141,887 70 69,556 71,643 73,792 76,006 78,286 80,635 83,054 85,546 88,112 90,755 93,478 96,282 99,171 102,146 105,210 1.03 Marketing (Revenue Development) Program\ 20,000 58,100 61,800 63,654 65,564 67,531 71 1.03 CSX Interlock Flagman (& Insur thru 2004) 250,000 874,125 220,000 72 1.03 CSX Interlock Insurance (FY 2005 and beyond) 373,000 369,000 380,070 391,472 403,216 415,313 427,772 440,605 453,823 467,438 481,461 495,905 510,782 526,106 541,889 558,146 574,890 592,137 609,901 628,198 647,044 73 1.03 Board 71,000 82,349 104,300 86,300 88,889 91,556 94,302 97,131 100,045 103,047 106,138 109,322 112,602 115,980 119,459 123,043 126,734 130,536 134,453 138,486 142,641 146,920 151,328 74 1 Operating Contingencies 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 75 Total Expenses 2,205,000 2,602,381 2,484,000 2,420,000 2,551,309 2,650,759 2,819,864 2,932,095 3,049,600 3,172,633 3,301,459 3,436,357 3,577,619 3,725,553 3,880,480 4,042,738 4,212,681 4,390,681 4,577,126 4,772,426 4,977,009 5,191,325 5,415,846 76 77 Ending Fund Balance (Annual) 852,973 119,286 (1,204,714) (934,848) (952,013) (836,665) (724,786) (777,580) (776,219) (749,377) (799,952) (861,816) (851,861) (918,927) (989,859) (981,495) (1,031,627) (1,111,227) (1,102,730) (1,189,483) (1,281,491) (1,277,147) (1,376,596) 78 79 ANNUAL SURPLUS/ (SHORTFALL) 794,344 156,483 80 Legend 81 Subject to Approval of THS or Others 82 Renewal of Existing Naming Right 83 Phase IIa Extension to Whiting Street 84 Key Assumption 85 DRAFT December 2005 Q:\Joint THS HART Board Meeting\TAB II - Exhibit 1 - Streetcar Proformas - 121005 Exhibit 4 Federal Transit Administration (FTA) and Florida Department of Transportation (FDOT) Requirements If the Streetcar System is Moth-Balled. Since the vast majority of the streetcar system’s construction was funded by federal and state grants, the use of grant funded vehicles, equipment, and other property is subject to FTA and FDOT requirements. There are no specific provisions for “moth-balling” grant-funded transit assets. However, there are requirements if a grantee removes a vehicle from service before the end of its service life. At a minimum, if service were discontinued, HART would be responsible for securing and maintaining the streetcar equipment and facilities in operable condition. This could cost several hundred thousand dollars per year. Certain streetcar assets were purchased with federal and state funds. These include the fleet of streetcars, the Ybor Station streetcar building (but not the land which is leased from the City of Tampa), and the Southern Transportation Plaza. The City owns the remaining assets such as the tracks, overhead catenary, and the signal equipment. If by mutual agreement the streetcar ceased operations altogether, HART would likely put the vehicles up for sale and return the federal share of their remaining value to the Federal Transit Administration (FTA). FTA Requirements However, FTA defines a minimum normal service life of 25 years for rail vehicles. If a grantee removes a vehicle from service before the expiration of its service life, then the grantee is legally obligated to FTA for an amount equal to the federal share of the vehicle’s remaining value. The value is determined by straight-line depreciation. See Exhibit 4-A, which is an excerpt from FTA’s Grant Management Guidelines. Real property, improvements and equipment funded by grants would also need to go through a disposition process if they were no longer needed for their original purpose. For example, with FTA’s approval, real property could be used for other transit or other federal grant program purposes. It also could be competitively sold and the proceeds used to reimburse FTA its share of the fair market value, net of reasonable sales costs. Exhibit 4-B explains this in more detail. FDOT Requirements FDOT has stated that they have essentially the same requirements as FTA. Exhibit 4-A Federal Transit Administration http:fta.dot.gov/337_1052_ENG_Printable.htm 3. Contingency Fleet. Buses may be placed in an inactive contingency fleet -- stockpiled -- in preparation for emergencies. No bus may be stockpiled before the vehicle has reached the end of its minimum normal service life. Buses held in a contingency fleet must be properly stored, maintained, and documented in a contingency plan, updated as necessary, to support the continuation of a contingency fleet. A contingency plan is not an application requirement, although FTA may request information about the contingency fleet during application review. Contingency plans are subject to review during triennial reviews required for the Urbanized Area Formula Program. Any rolling stock not supported by a contingency plan will be considered part of the active fleet. Since vehicles in the contingency fleet are not part of the active fleet, they do not count in the calculation of spare ratio. d. Requirements for Fixed Guideway Rolling Stock. 1. Service Life. In the case of rail vehicles acquired with FTA assistance, FTA has established a minimum normal service life of 25 years. Service life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is removed from service. The service life in years refers to total time in normal transit service, not time spent stockpiled or otherwise unavailable for regular transit use. A grantee that regularly measures lifespan by hours of operations, or by any other measure, may develop an appropriate methodology for converting its system to years of service. The reasonableness of such methodologies will be subject to examination, particularly if the grantee proposes to retire a vehicle before FTA's service life requirement has expired. When a grantee removes a vehicle financed by FTA from service before expiration of its minimum normal service life--except for reasons of fire, collision, or natural disaster-- the grantee is legally obligated to FTA for an amount equal to the Federal share of the vehicle's remaining value, as explained further below. The value of a vehicle prior to the end of its minimum normal service life is calculated on the basis of straight-line depreciation. 2. Replacement. (Also see Chapter II of this circular on Equipment Disposition.) a. Replacement at End of Minimum Normal Service Life. Before a grantee may replace an old rail vehicle with a new rail vehicle, the old vehicle must have reached or exceeded its 25-year minimum normal service life. For purposes of a rail vehicle replacement project, the age of the vehicle to be replaced is its age at the time the new vehicle is introduced into service. FTA's 25-year service life requirement is a minimum standard. b. Early Disposition. If a vehicle is replaced before the end of its minimum normal service life, the grant applicant has the option of returning to FTA an amount equal to the remaining Federal interest in the vehicle or using FTA's "Like Kind Exchange" policy and putting an amount equal to the remaining Federal interest in the vehicle into a newly purchased vehicle. To determine the Federal interest remaining in a federally financed rail vehicle, one must first calculate the total value remaining in the vehicle using the straight-line depreciation method. Based on straight-line depreciation, the value of a rail vehicle with a 25-year minimum normal service life decreases by 1/25 of the purchase price for each year the vehicle has been in transit service. Thus, a rail vehicle in service for 20 years has a total remaining value of 5/25 or 1/5 of the original purchase price. Having calculated the total remaining value, one then multiplies that figure by the percentage of Federal assistance that was provided to purchase the vehicle. The product of this multiplication represents the Federal interest remaining in the vehicle. Federal Transit Administration http:fta.dot.gov/337_1052_ENG_Printable.htm c. Use of Like-Kind Exchange. A vehicle may be traded-in or sold before the end of its minimum normal service life, if a grantee so chooses. Moreover, a grantee may elect to use the trade-in value or the sales proceeds from the vehicle to acquire a replacement vehicle of like kind. "Like-Kind" means a bus for a bus with a similar service life and a rail vehicle for a rail vehicle. Under the Like-Kind Exchange policy, proceeds from the vehicle sales are not returned to the FTA; instead, all proceeds must be invested in acquisition of the like-kind replacement vehicles. If sales proceeds are less than the amount of the Federal interest in the vehicle to be replaced, the grantee is responsible for providing the difference, along with the grantee's local share of the cost of the replacement vehicle. If sales proceeds are equal to or greater than the amount of the Federal interest, all the proceeds also must be used to purchase the like-kind replacement vehicle, and the reinvestment amounts to a lowering of the gross project cost. Grant applicants interested in buying a replacement vehicle before the end of the minimum normal service life of the vehicle to be replaced should refer to the FTA Federal Register Notice, "Change in Policy on Sale and Replacement of Transit Vehicles," 57 Fed. Reg., 39328, August 28, 1992. d. Rebuilding. Any rail vehicle that will be rebuilt must have an accumulated service life of at least 12 years (mid-life rebuild) or must have reached the end of its minimum normal service life (end-of-life rebuild). The eligibility of this major capital rail rebuild work is in addition to the eligibility for vehicle overhauls (paragraph c below). The rebuilding is also eligible as preventive maintenance. e. Spare Ratio. Because rail transit operations tend to be highly individualized, FTA has not established a specific number to serve as an acceptable spare ratio for rail transit operations. Nevertheless, rail operators should be aware that the grant applicant's rail vehicle spare ratio and the rationale underlying that spare ratio will be examined as part of the grant application review whenever FTA assistance is requested to purchase rail vehicles, and during the triennial review. A fleet status report must be submitted with any grant application for assistance to acquire rolling stock. As in the calculation of spare ratio for bus fleets, scheduled standby fixed guideway vehicles are permitted to be included as "vehicles operated in maximum service." The following guidance should be used to support an operator's proposed spare ratio when the spare ratio is under review by FTA: 1. An operator of a rail system must have in its file available upon request by FTA a fleet management plan that addresses operating policies (level of service requirements, train failure definitions and actions); peak vehicle requirements (service period and make-up, e.g., standby trains); maintenance and overhaul program (schedules, unscheduled, and overhaul); system and service expansions; rail car procurements and related schedules; and spare ratio justification. 2. Spare ratio justification should consider: average number of cars out of service for scheduled maintenance, unscheduled maintenance and overhaul program; allowance for ridership variation (historical data); ridership changes that affect car needs caused by expansion of system or services; contingency Federal Transit Administration http:fta.dot.gov/337_1052_ENG_Printable.htm for destroyed cars; and car procurements for replacements and system expansions. 3. Cars delivered for future expansion and cars that have been replaced, but are in the process of being disposed of, should be identified and separated from other spares because they unfairly inflate the spare ratio. 4. Peak Vehicle Requirement includes "standby" trains that are scheduled, ready for service, and have a designated crew. 5. Factors that may influence spare ratio are: equipment make-up (locomotive hauled trains; married pair units or single cars; equipment design, reliability and age); environmental conditions (weather, above ground or underground operation, loading and track layout); operational policies (standby trains, load factors, headways); maintenance policies (conditions for removing cars from service, maintenance during nights and weekends, and labor agreement conditions; and maintenance facilities and staff capabilities. Exhibit 4-B Federal Transit Administration http:fta.dot.gov/337_1053_ENG_Printable.htm b. Incidental use of project real property is subject to the following considerations. 1. Needed Property. This policy applies only to property that continues to be needed and used for an FTA project or program. It is FTA's intention to assist only in the purchase of property that is needed for an FTA project. 2. Purpose & Activity. The incidental use must not compromise the safe conduct of the intended purpose and activity of the initial mass transit project activity. 3. Continuing Control. Incidental use must not in any way interfere with the grantee's continuing control over the use of the property or its continued ability to carry out the project or program. 4. Non-Profit Use. While FTA is particularly interested in encouraging incidental use as a means of supplementing transit revenues, non-profit uses are also permitted. 5. Air Rights Income. Proceeds from licensing and leasing of air rights should reflect appraised fair market value. Income received from the authorized use of air rights may be retained by the grantees (without returning the Federal share) if the income is used for eligible transit planning, capital and operating expenses. This income cannot be used as part of the local share of the grant from which it was derived. However, it may be used as part of the local share of another FTA grant. c. Disposition. 1. Excess Real Property Inventory and Utilization Plan. The grantee should prepare and keep up to date an excess property utilization plan for all property that is no longer needed to carry out the originally intended purpose. Grantees are also required to notify FTA when property is removed from the service originally intended at grant approval and put to additional or substitute uses. The grantee's plan should identify and explain the reason for excess property. Such reasons may include one or more of the following. a. The parcel, when purchased, exceeded the grantee's need (uneconomic remnant, purchased to logical boundary, part of administrative settlement, etc.); b. The property was purchased for construction staging purposes such as access, storage or underpinning, and construction is completed; c. The intended use of the parcel is no longer possible because of system changes, such as alignment, or amendments to the project grant agreement; d. Improvements to real property were damaged or destroyed, and therefore the property is not being used for project purposes, but it is still be needed for the project. If so, the improvements may be renovated or replaced. In this case, applicable cost principles must be observed; or e. A portion of the parcel remains unused, will not be used for project purposes in the foreseeable future, and can be sold or otherwise disposed. The inventory list should include such things as property location; summary of any conditions on the title, original acquisition cost and the -83- Federal Transit Administration http:fta.dot.gov/337_1053_ENG_Printable.htm Federal participation ratio; FTA grant number, appraised value and date; a brief description of improvements; current use of the property; and the anticipated disposition or action proposed. Unless FTA and the grantee agree otherwise, the excess real property inventory and updated excess property utilization plan is to be retained by the grantee, available upon FTA request and during the Triennial Review process. 2. Disposition Alternatives. If the grantee determines that real property is no longer needed for the approved project, FTA may approve use of the property for other purposes. This may include use in other Federal grant programs or in non-Federal programs that have consistent purposes with those authorized for support by FTA. In those situations where a grantee or subgrantee is disposing of real property acquired with grant funds and acquiring replacement real property under the same program, FTA may permit the net proceeds from the disposition to be used as an offset to the cost of the replacement property. When real property is no longer needed for the originally authorized purpose, the grantee will request disposition instructions from FTA. Following are the allowable alternative disposition methods. a. Sell and Reimburse FTA. Competitively market and sell the property and pay FTA its share of the fair market value of the property. This is the percentage of FTA participation in the original grant times the best obtainable price, net of reasonable sales costs. b. Offset. Sell property and apply the net proceeds from the sale to the cost of replacement property under the same program. Return any excess proceeds to FTA. [Common Rule CFR49 part 18.31] c. Sell and Use Proceeds for Other Capital Projects. Sell property and use the proceeds to reduce the gross project cost of another FTA eligible capital transit project. [49 U.S.C., 5334(g)(4)]. The grantee is expected to record the receipt of the proceeds in the grantee's accounting system, showing that the funds are restricted for use in a subsequent capital project, and reduce the liabilitiy as the proceeds are applied to one or more FTA approved capital projects. The subsequent capital grant application should contain information showing FTA that the gross project cost has been reduced with proceeds from the earlier transaction. d. Sell and Keep Proceeds in Open Project. If the grant is still open, the grantee may sell excess property and apply the proceeds to the original cost of the total real property purchased for that project. e. Transfer to Public Agency for Non-Transit Use. Follow procedures for publication in Federal Register to transfer property (land or equipment) to public agency with no repayment to FTA. This is a competitive process and there is no guarantee -84- Federal Transit Administration http:fta.dot.gov/337_1053_ENG_Printable.htm that a particular public agency will be awarded the excess property. [49 U.S.C., 5334(g)(1)] f. Transfer to Other Project. Transfer property to another FTA eligible project. The Federal interest continues. g. Retain Title With Buyout. Compensate FTA by computing percentage of FTA participation in the original cost. Multiply the current fair market value of the property by this percentage. The grantee must document the basis for value determination; typically this is an appraisal or market survey. Sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return or at least payment of appraised fair market value. h. Joint Development. A transfer meeting the three tests for joint development is not a disposition and the proceeds are deemed program income. [See Joint Development Appendix at end of this circular for more detailed information. Also see FTA Circular 9300.1A, Capital Program: Grant Application Instructions, Appendix B] 3. EQUIPMENT. Certain equipment management standards apply to equipment purchased with Federal funds. Following are guidelines for the acquisition, use and disposition of equipment. a. State recipients. A State will use, manage, and dispose of equipment acquired under a grant by the State in accordance with State laws and procedures. [49 CFR, part 18.32(b)] b. Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or subgrant will vest upon acquisition in the grantee, subgrantee or another participating public body. c. Use of Equipment. 1. Equipment is to be used by the grantee in the programs or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by Federal funds. When need no longer exists, see disposition guidelines. 2. The grantee may make equipment available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the project or program for which it was originally acquired. FTA reserves the right in the grant agreement to require the grantee,with FTA approval,to transfer title to equipment no longer needed or used for the purposes of the grant (or program) to the Federal Government or an otherwise eligible grantee. (49 CFR.18.32) 3. The grantee must not use equipment acquired with grant funds to provide services to compete unfairly with private companies that provide equivalent services. Non-transit use of FTA financially assisted equipment is acceptable so long as it is incidental, does not interfere with transit use (i.e., transit has priority), and income generated is retained by the grantee for transit use. -85- Federal Transit Administration http:fta.dot.gov/337_1053_ENG_Printable.htm d. Leasing Agreement. The grantee may enter into a contract for leasing its project equipment and facilities to a private operator (the lessee). Under this arrangement the grantee (the lessor) should include the following provisions in the proposed lease agreement: 1. The project equipment shall be operated by the lessee to serve the best interest and welfare of the project sponsor lessor and the public. The terms and conditions for operation of service imposed by the grantee shall be evidenced in a service agreement. 2. The lessee shall maintain project equipment at a high level of cleanliness, safety, and mechanical soundness under maintenance procedures outlined by the project sponsor. The project sponsor lessor and/or FTA shall have the right to conduct periodic maintenance inspections for the purpose of confirming the existence, condition, and the proper maintenance of the project equipment. 3. The lease needs to cross reference a service agreement. A default under the lease is a default under the service agreement and vice versa. e. Management. Equipment management procedures include the following minimum requirements: 1. Rail systems are required to submit a fleet management plan that addresses operating policies (level of service requirements, train failure definitions and actions); peak vehicle requirements (service period and make-up, e.g. standby trains); maintenance and overhaul program (scheduled, unscheduled, and overhaul); system and service expansions; rail car procurements and related schedules; and spare ratio justification. 2. Property records must be maintained by the grantee. Records must include a description, identification number, procurement source, acquisition date, cost, percentage of Federal participation in the cost, the grant project under which it was procured, location, use and condition, and any disposition data , including the date of disposal and sale price, or, where applicable, the method used to determine its fair market value. The grantee should also state who holds title to the equipment. 3. A physical inventory of equipment must be taken and the results reconciled with equipment records at least once every two years. Any differences must be investigated to determine the cause of the difference. 4. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of property. Any loss, damage, or theft must be investigated and documented by the grantee. 5. Adequate maintenance procedures must be developed and implemented to keep the property in good condition. These procedures should be consistent with the maintenance plan required of grantees for equipment funded under 49 U.S.C. 5309 and 5307 and should be documented and available for audit or triennial review. 6. Warranty standards, when part of equipment contracts, should provide for correction of defective or unacceptable materials or workmanship. These should specify coverage and duration and meet currently available industry standards. Grantees are responsible for : a. Establishing and maintaining a system for recording warranty claims. This system should provide information needed by the -86- Federal Transit Administration http:fta.dot.gov/337_1053_ENG_Printable.htm grantee on the extent and provisions of coverage and on claims processing procedures; b. Identifying and diligently enforcing warranty system for recording warranty claims; and c. Tagging or otherwise identifying property as Government property. f. Disposition. 1. Disposition Before End of Service Life: Any disposition of rolling stock before the end of its service life requires prior FTA approval. FTA is reimbursed its share of the proceeds from disposition. If revenue rolling stock is being removed from service before the end of its useful life, the return to FTA is the greater of the FTA share of the unamortized value of the remaining service life per unit, based on straight line depreciation of the original purchase price, or the Federal share of the sales price (even though the unamortized value is $5,000 or less). 2. Retain and Use Elsewhere. When original or replacement equipment is no longer needed for the original project or program, it may be used by the grantee for other projects or programs. FTA prior approval of this alternative is required. FTA retains its interest. 3. Value Over $5,000: After the service life of equipment is reached, equipment with a current market value exceeding $5,000 per unit, or unused supplies with a total aggregate fair market value of more than $5,000, may be retained or sold, with reimbursement to FTA of an amount calculated by multiplying the total aggregate fair market value at the time of disposition, or the net sale proceeds, by the percentage of FTA's participation in the original grant. The grantee's transmittal letter should state whether the equipment will be retained or sold. Use of sales proceeds are discussed elsewhere in this chapter. 4. Less than $5,000 value: Equipment with a unit market value of $5,000 or less, or supplies with a total aggregate market value of $5,000 or less, may be retained, sold or otherwise disposed of with no obligation to reimburse FTA, providing useful service life requirements have been met. Records of this action must be retained. 5. Like-Kind Trade-In or Offset Exchange. With prior FTA approval, the grantee may elect to use the trade-in value or the sales proceeds to offset the cost of a replacement bus or rail transit vehicle to acquire a replacement vehicle, applying 100 percent of the net proceeds to acquisition of the replacement vehicle/s. (See 49 CFR, Part 18.32; and Federal Register pp. 39328/39329, dated August 28, 1992). Remaining cost differences, if more than the proceeds, are to be met by the grantee. Excess proceeds, if any, are returned to FTA minus a deduction for prorata local share. 6. Transfer to Public Agency for Non-Transit Use. With prior FTA approval, the grantee may follow procedures for publication in the Federal Register to transfer property (including land or equipment) to a public agency with no repayment to FTA. These procedures are available from the appropriate FTA regional office. [49 U.S.C. 5334(g)(1)]. 7. Sell and Use Proceeds for Other Capital Projects. With prior FTA approval, the grantee may sell equipment or supplies and use the proceeds to reduce the gross project cost of other FTA eligible capital transit projects. [49 U.S.C., 5334(g)(4)] The grantee is expected to record the receipt of the proceeds in the grantee's accounting system, showing that the funds are restricted for use in a subsequent capital -87- Federal Transit Administration http:fta.dot.gov/337_1053_ENG_Printable.htm project, and reduce the liabilitiy as the proceeds are applied to one or more FTA approved, capital projects. The subsequent capital grant application should contain information showing FTA that the gross project cost has been reduced with proceeds from the earlier transaction. 8. Unused Supplies. Disposition of unused supplies before the end of the industry standard life expectancy is determined in total aggregate fair market value and if found to exceed $5,000, the grantee or subgrantee shall compensate FTA for its share; or transfer the sales proceeds to reduce gross project cost of other capital project/s. [49 U.S.C. 5334(g)(4)]. -88- TAB III Summary of Operator’s Agreement for the TECO Streetcar Line Article II – Project Description Section 1: system shall be expanded as resources permit, subject to City’s approval. Section 2: THS hires HART as operator and independent contractor. Section 4: Agreement terminates September 30, 2006 (as modified). Negotiations shall begin 270 days prior to this date, which is January 3, 2006, and renewal shall take place 180 days prior to this date, which is April 3, 2006. Article III – General Rights and Duties Section 1: HART assumes complete responsibility for: a. b. Operation, management and maintenance of system: i. According to Operations and Maintenance Plan. ii. Using its own streetcars, operators, supervisors, maintenance, administrative and marketing staff. iii. Bears cost of all third party contracts. iv. Renders invoices for expenses authorized by annual budget. Maintaining system in good repair and acceptable appearance, including: i. In accordance with highest industry standards and Operations and Maintenance Plan, ii. Routine inspections and PM program. iii. Purchase of electric traction power iv. Development of emergency plan v. Issuance and acceptance of fare instruments provided for HART bus system users, plus any special fare instruments from THS. c. Keeping streetcars clean and in suitable condition for customers. d. Submitting reports as follows: Performance Criteria Measurement/Detail Report Monthly Ridership and ADA Boardings Boardings Monthly Ridership Report Actual Miles Operated Trips Completed x Miles per Trip Monthly O&M Performance and Contract Compliance Report Vehicle Hours Operated Total Vehicle Hours Monthly O&M Performance and Contract Compliance Report Revenue Collected Average Fare per Passenger Monthly Finance and Funding Reports Streetcar Revenues Power Usage Kilowatts / TECO Power Bills Monthly O&M Performance and Contract Compliance Report Platform Hours Worked Criteria converted to lost trips (see recommendations below) Monthly O&M Performance and Contract Compliance Report Performance Criteria Measurement Report Damage Reports Accidents/ Incidents Monthly O&M Performance and Contract Compliance Report Preventative Maintenance Reports Maintenance by vehicle Monthly O&M Performance and Contract Compliance Report On-time Departures / Delays of More than 10 Minutes Criteria converted to lost trips (see recommendations below) Monthly O&M Performance and Contract Compliance Report Annual Cost per passenger FTA Requirement Annual Finance and Funding Reports Annual Cost per Vehicle Mile FTA Requirement Annual Finance and Funding Reports Annual Cost per Vehicle Hour FTA Requirement Annual Finance and Funding Reports Hours of Extra Service Number of vehicles added to maintain headways Monthly O&M Performance and Contract Compliance Report Hours of Special Service Charters Monthly O&M Performance and Contract Compliance Report Customer Comments Complaints, responses and compliments Monthly O&M Performance and Contract Compliance Report Traction Power System Failures Included as Reason for Lost Trip Monthly O&M Performance and Contract Compliance Report Vehicle Failures and Type Included as Reason for Lost Trip Monthly O&M Performance and Contract Compliance Report ADA Bridge Mechanism failures Included as Reason for Lost Trip Monthly O&M Performance and Contract Compliance Report e. Performing to the following minimum criteria: i. 95 % on-time departures from EOL. ii. All scheduled vehicle maintenance following mfr’s specs. 2 iii. Respond to customer complaints within 72 hours, M – F. iv. Pressure wash all stations every other day. v. No more than one accident/incident per 1,560 vehicle hours (equivalent to one month of service). Conduct periodic customer satisfaction surveys. Use reporting data from other streetcar systems as benchmarks. f. Negotiating and administering any labor contracts. g. Assuming risk of loss of streetcar and all other property owned and controlled by HART. h. Maximizing warranty claims. i. Damages sustained whether due to streetcar or not. However, HART is entitled to recover from THS all expenses due to shutdown caused by hurricane or other act of God, if not covered by insurance. j. Retaining all farebox, advertising and other revenues, which shall be deducted from sums due from THS. THS shall retain rights to license naming of streetcar stations and vehicles, and revenue therefrom. Naming rights shall not apply to any intermodal terminal owned by HART. l. Naming contact persons: m. i. With full authority to make operating and policy decisions ii. Who shall report on service conditions and performance Providing qualified personnel to operate restored streetcar owned by Tampa & Ybor Street Railway Society and allowing the Society to provide its own trained and licenses operators. Section 2 – THS Rights and Duties a. Operator (HART) shall prepare an Operating and Maintenance Plan spelling out days and hours of operation, frequency, and projection of staffing and equipment needs. O & M Plan is subject to approval by THS and City, shall be updated annually, and is attached as Exhibit A. b. Annual Operating Budget. i. Subject to approval by THS and City; attached as Exhibit B, and must be submitted 90 days before end of FY (July 1) ii. If not approved by both parties, then prior budget remains in effect with no more than 10 % increase in any line item or overall budget. 3 iii. c. City and/or HART may require THS to adjust base service if revenues to not meet expenses. Payment i. As determined by approved operating budget, net of farebox, advertising and other revenue. ii. Extra service beyond normal operating schedule or number of streetcars as requested by City, THS or HART. d. e. Operator shall establish tracking system for all streetcar revenues and expenses and submit monthly reports to City and THS. f. Upon request, Operator shall provide THS copies of third party contracts. All such contracts shall permit assignment to THS but THS is not obligated to accept an assignment. g. THS will develop and implement a Marketing Program to be coordinated with HART bus marketing efforts. Operator will provide staffing and support without additional compensation. Section 3 – Insurance and Liability a. Each party preserves sovereign immunity rights. HART cannot contractually indemnify THS without express waiver by the Florida Legislature. b. THS may maintain its own coverages. c. Operator must report all potential claims to THS and City by the end of the working day following an occurrence. Section 4 – Miscellaneous a. Operator and THS shall conduct an annual audit of Streetcar books and records within 90 days of FY end, and submit it to THS and City. b. Parties shall first attempt to resolve disputes through FL Governmental Conflict Resolution Act process. c. Operator shall comply with all federal and state laws and regulations, such as Civil Rights, ADA, EEOC. d. e. 4 f. Notice shall be given to THS President, attorney, HART Exec. Director, attorney, City of Tampa Finance Director, City Council, and attorney. Notice of Claims shall be given to City’s and HART’s Risk Management Departments. g. Termination of Agreement may occur if: i. Expiration ii. Material breach and no cure within 30 days of notice iii. THS bankruptcy iv. THS, City and Operator cannot reach agreement on annual budget v. Fraud or malfeasance in handling THS funds. h. If Agreement terminates, shall be a 180 day transition period during which to transfer control to a new operator. i. If agreement is breached, THS assumes any and all subcontracts then in effect and provided for in annual budget. j. k. l. Terms of Tri-Party Agreement prevail over this agreement. Section 5 – Agreement is not effective until approved by THS Board, HART Board and THS obtaining an opinion from City’s bond counsel that it does not violate Rev Proc 9713. Section 6 – Agreement is a third party beneficiary contract running in favor of the City and City has right to enforce its terms as if it were a party. 5 O & M PLAN – revised January 2004 – Specifies: 1. Hours of operation and frequency of base service 2. Fares (base fare increased from $1.25 in October 2003 to $1.50, and increased again to $2.00 in October 2005) 3. Running time, fleet size, personnel selection and training, service policies, uniforms, communications, grade crossing and CSX crossing protocols, safety and security program, emergency operation 4. Maintenance program for facilities, equipment and vehicles 5. Staffing of system management and operations, contracted services, support from other HART departments (Finance, Admin., Operations, Planning, Engineering and Public Relations, and coordination w/ City of Tampa 6. Annual Base service hours delivered, operating cost per hour and HART grants (from approved annual budgets): Annual Base Service Base Service Cost Extra Service (within Base period) Extra Service (outside Base period) Special Service to third parties (excluding THS profit margin) HART Grant (FTA preventive maint.) HART Grant (State Block Grant) 2004 17,260 hours $94.55 $54.50 2005 17,212 hours $101.37 $58.42 2006 17,202 $108.03 $59.50 $67.00 $71.82 $72.23 $102.00 $102.00 $108.03 $200,000 $200,000 $200,000 $100,000 7. Modifications to base service require 90 day notice to allow for operator markup and supervisory adjustments. 8. Net reductions in service schedules result in savings of $22 per vehicle hour (2004 costs) 9. Contract administration: monthly invoicing, O & M Plan to be updated annually after approval of budget, financial reporting by HART and City, annual report to THS (including operational and maintenance performance data, safety audit) 10. Appendices include policies for: a. Cessation of service due to parades, changes for special events b. Special service c. Interior advertising 6 TAB IV DRAFT INTERLOCAL AGREEMENT FOR PHASE II-A PROJECT OF THE TECO LINE STREETCAR SYSTEM HART AGREEMENT NO.___________________ THIS AGREEMENT dated this ______________ is made and entered into by and between the CITY OF TAMPA (“CITY”) and the HILLSBOROUGH TRANSIT AUTHORITY, a regional transportation authority organized and existing under the laws of the State of Florida, hereinafter referred to as “HART”. (CITY and HART referred to collectively herein as the “Parties”). A. WHEREAS, Chapter 163, Part I, Florida Statutes, authorizes government units to cooperate and make the most effective use of their powers and resources by entering into Interlocal Agreements, and B. WHEREAS, the CITY and HART entered into an interlocal agreement dated June 6, 1998 for the purposes of creating, designing, constructing, funding and providing for the operation of an electric streetcar system to connect the Ybor City area to the South Central Business District Area of Tampa, also known as Phase I, and C. WHEREAS, the Tampa-Ybor Historic Electric Streetcar, now known as the TECO Line Streetcar System, is a community project now recognized by the CITY, HART, business owners and developers as an impetus for economic development, tourism, civic pride, and transportation enhancement, and D. WHEREAS, the TECO Line Streetcar System connects Tampa’s visitor attractions and commercial and emerging residential areas that offers residents and visitors one of the cleanest, most cost-effective forms of travel as well as serving as an attraction and enhancement to any visit to Tampa, and E. WHEREAS, the Phase I of the Streetcar System was completed and began service in October 2002, and F. WHEREAS, HART and the CITY have determined that a need exists to link the streetcar system to the core of the Central Business District of Tampa from its current terminus at the Southern Transportation Plaza to the vicinity of Whiting Street, and G. WHEREAS, it is the intent and purpose of this Agreement to establish the rights and responsibilities of the Parties in connection with this link, more particularly defined and referred to herein as the Phase II-A project, 1 NOW, THEREFORE, in consideration of mutual covenants and provisions herein contained, the Parties agree as follows: ARTICLE I – DEFINITIONS 1. “ADA” means the Americans with Disabilities Act of 1990 and all related regulations and laws. 2. “NEPA” means the National Environmental Policy Act. 3. “Phase I of the Streetcar System” means all physical aspects of the light rail system constructed and in operation to date from 8th Ave./20th Street area in Ybor City to the Southern Transportation Plaza in the vicinity of St. Petersburg Times Forum Drive and Florida Avenue in downtown Tampa. 4. The “Phase II-A Project” means the extension of the TECO Line Streetcar System from its current terminus at the Southern Transportation Plaza, located in the vicinity St. Petersburg Times Forum Drive and Florida Avenue in downtown Tampa to the vicinity of the intersection of Franklin Street and Whiting Street. The Phase II-A Project shall include all planning, environmental studies, design, construction, management, operation and maintenance aspects related thereto, including but not limited to the track, switchgear, pedestrian and access improvements, electrical services systems, ties and ballast, concrete trackslab, drainage system, station stops, utility relocations, street and landscape. 5. “Phase II of the Streetcar System” is intended to include the potential Phase IIA Project extension, plus potential completion of additional segments of the Streetcar System to a destination in the vicinity of I-275. 6. The “Streetcar System” shall mean the completed segments of Phase II of the Streetcar System together with all components of Phase I of the Streetcar System. 7. The “Streetcar Vehicles” shall mean the electric replica streetcars. 8. “FDOT” means the State of Florida Department of Transportation. 9. “FHWA” means the Federal Highway Administration. 10. “FTA” means the Federal Transit Administration. ARTICLE II – PHASE II-A PROJECT DESCRIPTION Section I – Overall Phase II-A Project Description The Phase II-A Project, the initial component of Phase II of the Streetcar System, consists of a potential 0.3 mile extension to Phase I of the Streetcar System. The Phase II-A 2 Project design includes roadway modification, utility re-design and relocation, a two-way single or double track system, passenger station(s) and overhead electric lines to power the existing replica streetcars that currently operate on the Phase I project. The Phase II-A Project is a potential HART construction project subject to CITY review and approval of design and construction plans. The CITY’s review is solely for purposes of confirming compliance with municipal ordinances, plans and policies. The City is not reviewing the technical merit or safety of the system and shall not be responsible for same. Subject to the selection of a “build” alternative in compliance with NEPA requirements, HART is considering the construction of Phase II-A Project, which will link Phase I of the Streetcar System to the core of the Central Business District Area of Tampa. All physical aspects of the Phase II-A Project, including pedestrian access to all improvements and approaches to all station areas, shall comply with the Americans with Disabilities Act (ADA). The CITY shall continue to own all existing rights to any real property upon which Phase II of the Streetcar System is constructed as well as improvements added to said real property including all physical aspects of the Phase II-A Project. Upon completion of the potential Phase II-A Project, the CITY or its designee, the Tampa Historic Streetcar, Inc. (THS) shall resume the duty to maintain said physical aspects. Section 2 – Background and Administrative Structure of the Project Phase I of the Streetcar System consists of a 2.4 mile light rail system that originally included eight (8) Streetcar Vehicles powered by overhead electric line(s), a two-way single-track system with passing track sections, ten station stops, and a car barn for maintenance and operations. Two (2) additional Streetcar Vehicles have since been purchased by HART and are in use as part of the Streetcar System and an additional Streetcar Vehicle is available by lease on an ‘as needed’ basis for a total of eleven (11) Streetcar Vehicles that can be available to service the system. Due to the expenditure of federal grant funding, any project alternatives, including a “no build” alternative, must be rigorously evaluated as required by the National Environmental Policy Act (NEPA) under the auspices of the Federal Transit Administration (FTA). FTA has agreed to be the lead federal agency for the Phase II-A Project. ARTICLE III – OPERATION AND MANAGEMENT OF THE POTENTIAL PHASE II-A PROJECT HART has acquired what it believes to be sufficient grant funding and has FTA authorization to conduct a required NEPA evaluation, if any, for project alternatives from the vicinities of the Southern Transportation Plaza to Whiting Street. HART, at its sole cost and expense, shall select and contract with a consultant, to carry out the NEPA evaluation for the Phase II-A Project. Both the CITY and HART shall review the evaluation. The evaluation shall identify, at a minimum, the impacts, benefits and costs 3 associated with the Phase II-A Project alternatives and lead to the selection of a preferred alternative. If a “build” alternative is selected as the preferred alternative, it is the intent of the Parties that upon satisfactory completion of the Phase II-A Project, the Streetcar System will continue to be managed, operated and maintained by the Tampa Historic Streetcar Inc. (“THS”), pursuant to the Tri-Party Streetcar Agreement between the CITY, HART and THS (HART Agreement No. 2000-05-09). ARTICLE IV – FUNDING AND EXPENDITURES OF THE PROJECT Section 1 – Potential Capital Funding and Expenditures Based on engineering alternative estimates derived from the consultant’s NEPA evaluation, if a “build” alternative is selected as the preferred alternative, the consultant shall forecast the capital costs and timeline for the planning, design and acquisition of right-of-ways and construction of the Phase II-A Project. If warranted by the selection of a “build” alternative, HART shall continue to seek and provide capital funding from grants and other sources for the Phase II-A Project. However, HART does not guarantee the availability of any grants or other funds or sources of funds for the Phase II-A Project. The Parties agree that HART’s obligation to finance the Phase II-A Project is subject to funds available, and that HART has the authority to take all necessary actions to carry out the intent of this agreement within the amount of budgeted funds available. The CITY shall cooperate with HART in the completion of the Phase II-A Project, and if warranted by the selection of a “build” alternative, shall contribute reasonable and necessary access and rights to CITY property for that purpose and upon the granting of approval to begin construction. The CITY acknowledges that HART may obtain grant funds for this project from the State of Florida Department of Transportation (FDOT) and/or the Federal Transit Administration (FTA). The CITY further acknowledges that HART will have to comply with certain FDOT and FTA requirements. The CITY agrees that any assets potentially acquired by the CITY as a result of the Phase II-A Project will be acquired by the CITY as a sub grantee of HART’s with the same limitations and requirements attached thereto. Subject to mutual approval by HART and the CITY, the Consultant’s Capital Funding forecast and timeline of the Phase II-A Project’s potential capital costs shall be set forth in a “Capital Expenditures and Funding” Table. The estimated capital funding, expenditures and timeline shall be subject to refinements and/or modifications to the design. 4 Section 2 – Potential Operational Funding and Expenditures If the NEPA evaluation results in a selection of a “build” alternative, it shall enable HART to make a twenty (20) year forecast of annual ridership, farebox revenue, operation funding and cost of the Phase II-A Project, based on preliminary engineering estimates and assumptions identified therein. Said forecast of operating costs and funding shall be set forth in an “Operations Financial Projections” Table to be prepared by the above-described Consultant and submitted for review by the City. ARTICLE V – POTENTIAL DESIGN AND CONSTRUCTION OF THE PHASE II-A PROJECT Section 1 – Contract for Final Design; Design approval; and, Construction of Phase II-A Project Upon completion of the NEPA evaluation, if a “build” alternative is selected, and subject to federal, state and local concurrence, the CITY and HART must approve the advancement of the Phase II-A Project to each of the following phases: the design, acquisition and construction phases; provided that all necessary resources to begin each stated phase of the Phase II-A Project has been acquired or provided by the CITY and/or HART. HART shall select the consultant to carry out the final design of the Phase II-A Project. HART, at its sole cost and expense, shall prepare, manage and administer the issuance of a Request for Proposal (RFP) for the design contract of the Phase II-A Project. Final Phase II-A Project design shall be submitted to the CITY for review, comment and approval as provided herein. Upon receiving CITY approval of the final Phase II-A Project design and upon HART’s acquisition of what HART determines to be sufficient funding and property rights, HART shall proceed with constructing the Phase II-A Project per the approved design. Section 2 – Phase II-A Potential Project Management and Implementation HART shall manage and administer the potential construction of the Phase II-A Project. All procurement procedures for construction services and supplies shall be in conformance with applicable federal, state and local regulations, procedures and policies. Whether managing the Phase II-A Project in-house or through a consultant, HART shall be responsible for all Phase II-A Project costs including those associated with or resulting from a Change Order(s). 5 ARTICLE VI – INSURANCE HART shall require all consultants and contractors, and such other entities with which it may contract, to obtain and maintain general liability insurance as required under CITY and HART guidelines for construction, consulting or other services. ARTICLE VII – NOTICES All notices required by or regarding this Agreement shall be sent in writing to the respective party at the address set forth herein or to such other addresses as the Parties may direct from time to time by written notice in accordance with this paragraph. All notices shall be sent either by (a) registered or certified mail, return receipt requested; or, (b) hand delivery. The City: City of Tampa Transportation Manager 306 East Jackson Street – 4E Tampa, Florida 33602 Phone: (813) 274-8333 Fax: (813) 274-8809 HART: HART, Executive Director 201 E. Kennedy Blvd., Suite 900 Tampa, Florida 33602 Phone: (813) 223-6831 Fax: (813) 223-2976 ARTICLE VIII –MODIFICATION This Agreement, including any Exhibits, shall not be modified or amended without a written instrument duly executed by the CITY and HART. ARTICLE IX – EFFECTIVE DATE; TERM OF AGREEMENT As required by Section 163.01(11) Florida Statutes, upon execution by the Parties, this Agreement shall be recorded by the CITY with the Clerk of the Circuit Court of Hillsborough County. As further required by statute, this Agreement shall be effective upon recording. 6 ARTICLE X – NO ASSUMPTION OF LIABILITY The CITY and HART hereto agree that each shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. ARTICLE XI – DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of constitutional or statutory duties of the CITY or HART. ARTICLE XII – WAIVER The failure of either party to enforce any provision of this Agreement shall not be a waiver of any such provision or of any party’s right to enforce each such provision. ARTICLE XIII – SEVERABILITY Should any provision of this Agreement be determined by a court to be unenforceable, such determination shall not affect the validity or enforceability of any other section or part of this Agreement. ARTICLE XIV – THIRD PARTY BENEFICIARY The CITY and THS shall be third party beneficiaries of any contracts or agreements HART enters into for the purpose of carrying out the construction of the Phase II-A Project, and each of such HART contracts and agreements shall so state. IN WITNESS WHEREOF, the Parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first written above. CITY OF TAMPA ATTEST By:_______________________ _____________________ City Clerk APPROVED AS TO FORM: ROLANDO J. SANTIAGO ASSISTANT CITY ATTORNEY 7 IN WITNESS WHEREOF, the Parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first written above. HILLSBOROUGH TRANSIT AUTHORITY By____________________________ Chairman _____________________ Secretary APPROVED AS TO FORM: _____________________ HART General Counsel 8 TAB VIII-A TECO Line Streetcar History x 1984 – Tampa & Ybor City Street Railway Society formed x 1986 – City commissioned a study to evaluate the feasibility of possible streetcar system x 1994 – Downtown Tampa Transportation Master Plan recommends construction of streetcar system x 1984-1995 – Streetcar system discussed at meetings of civic associations, government agencies, chambers of commerce, and other places x 1995 – HART Board passes resolution authorizing the creation of streetcar task force. In December 1995, committee published Tampa’s Electric Streetcar. Data from report formed basis for a Livable Communities Initiative Project grant sponsored by the FTA. x 1995 – Report issued outlining benefits, costs, and alternative routes for possible system x 1996 – Interlocal agreement signed by City of Tampa and HART, forming a partnership to develop streetcar system x With assistance of MPO, FDOT, and the FTA a capital funding strategy was put together x February 1996 –Staff technical team (team included staff from HART, City, MPO, FDOT, Hillsborough County, and TECO) formed to refine concepts developed by streetcar task force and advance project to development phase. x June 1996 – HART is presented with $1.4 check for streetcar project by the FTA x September 1997 – May 1998 – Phase 1 of project was initiated. The environmental assessment was prepared and the Findings of No Significant Impact (FONSI) received; 30 percent engineering was completed and business plan written. x December 1997 – HART Board authorizes Executive Director to negotiate and finalize an agreement with Beneficial Finance as it relates to their obligations for transit linking downtown and Harbour Island x City and HART agree to create nonprofit corporation to oversee operation of system to select operator. Agreed that HART could bid on operations. x Agreed to form assessment district to raise partial operational funding x Endowment fund marketing established to sell naming rights x June 1998 – Phase 2 of project begins; City agrees to cover any operating deficits and FDOT released funds for final engineering and construction. HART Board authorizes HART staff to proceed with the streetcar project and authorizes the Executive Director to negotiate the Tri-party Agreement. x November 1998 – Tampa Historic Streetcar, Inc. is formed when the Articles of Incorporation and Bylaws are approved by the State of Florida x December 1998 – HART Board authorizes Executive Director to execute Interlocal Agreement. x January 1999 – HART Board awards Gomaco Trolley Company a contract for eight streetcars x September 1999 – THS Board members are appointed x October 1999 – HART Board approves the People Mover contract termination and release agreement x November 1999 – THS Board meets for the first time x November 1999 – March 2000 – Construction of first segment of track is done x March 2000 – First streetcar is delivered by Gomaco x April 2000 – July 2000 – Construction of second segment of track is done x April 2000 – HART Board authorizes Executive Director to negotiate and purchase substations from IMPulse NC x July 2000 – HART Board awards a contract to Progress Rail Services for track materials and special track work x August 2000 – City Council approved non-ad valorem special assessment district for streetcar x December 2000 – HART Board authorizes Executive Director to execute agreement between HART, City of Tampa, and Tampa Historic Streetcar, Inc. related to funding, maintenance and operations of the TECO Line Streetcar System (Tri-party Agreement) x 2000 – City of Tampa awards contract to Herzog Construction to build streetcar line x January 2001 – Herzog begins construction of the TECO Line Streetcar System x March 2001 – Ceremonial “Welding of the First Rail” x October 19, 2002 – Grand opening of TECO Line Streetcar System x October 21, 2002 – First day of revenue operations for the streetcar system -40- Tab VIII-B Streetcar Purpose, Goals & Objectives INTRODUCTION Enthusiasm for the return of streetcars to Tampa led to the formation of the Tampa and Ybor City Street Railway Society in 1984. Through the initial efforts of the Street Railway Society, the concept was discussed at meetings of civic associations, government agencies, chambers of commerce, and other places between 1984 and 1995 and culminated in a report outlining benefits, costs, and alternative routes that might comprise the system. At the same time, the first wave of redevelopment was occurring in three areas, totaling approximately 121 hm 2 (300 acres) in the heart of Tampa—the central business district (CBD), the Channel District, and historic Ybor City. Redevelopment activities included the construction of eight high-rise office buildings, a new convention center, the Florida Aquarium, the Ice Palace hockey arena, 1,400 new hotel rooms, and more than 80 entertainment establishments in Ybor City. This added thousands of short automobile trips because it is too far to walk between many of the venues during Tampa’s long, hot, and rainy summers. In 1996, Hillsborough Area Regional Transit (HART) formed a partnership with the City of Tampa (COT) and the community to develop the first line of a streetcar system. The estimated cost of the first line segment at that time, including the construction of eight double-truck replica Birney streetcars, was $23 million. Working with the Metropolitan Planning Organization (MPO), the Florida Department of Transportation (FDOT), and the FTA, the partnership put together a capital funding strategy for the project. The strategy relied on a contribution by the COT of $5 million and proceeds generated by the COT sale of gas tax bonds to provide short term financing that would be repaid from $18 million in grants to be received by HART over a period of 5 years. Efforts by the partnership then turned to the development of a business plan to operate the system without subsidy by HART or the COT. The business plan estimated a revenue need of approximately $1.2 million annually. A number of potential revenue sources were explored and the partnership decided on a strategy that included revenues from four sources: (a) the creation of a new tax assessment district that covers the approximately 21 hm 2 (300 acres) comprising the area served by the streetcar; (b) an endowment fund created from private sector contributions for naming rights of the system, streetcars, stations, and so forth; (c) advertising; and (d) fares. The system began operation in October 2002. A facility was constructed, eight Birney replica streetcars were delivered, the nonprofit corporation formed and a board of directors appointed, the endowment fund had approximately $5 million currently earning a return and an additional $1.5 million in commitments, and the city put in place the special assessment district by October of 2000. PROJECT DESCRIPTION The first line segment, illustrated in Figure 1, extends from Ybor City through the Channelside and Garrison Seaport Districts to the Tampa Convention Center in the CBD. The system is designed to operate as a single-track bidirectional line with six passing tracks to permit the 1 Tab VIII-B Streetcar Purpose, Goals & Objectives meeting and passing of streetcars traveling in opposite directions. This configuration provides the flexibility needed to allow up to eight streetcars to operate simultaneously and serve 12 station stops every 6 to 9 min in either direction. The ability to meet this schedule with this limited design configuration is possible because the streetcars have their own separate right of way (ROW) and thus are not competing with automobile traffic. The vast majority of the ROW, approximately 70 percent, is owned by public entities. The remaining 30 percent in private ownership is being donated to the project. The line operates with hard meets, and the location of the meets depends on the number of streetcars operating at any one time. All of the sidings are directional with spring-runthru switches to control meets. Power for the system is 600 volts direct current (DC) supplied by an overhead power distribution system. Each of the stations includes a covered waiting area, a specially designed high block and bridge mechanism to comply with guidelines established by the Americans with Disabilities Act. In addition, each station site has appropriate patron amenities, additional lighting, and security cameras. Eight replica double-truck Birney streetcars capable of handling up to 84 passengers were constructed for this first line. These are first streetcars with four wheelchair positions, door sensing edging, a voice attenuation digital display system, interior bicycle racks, insulation and air conditioning, and an inverter to convert DC power to alternating current to run the air conditioning system. Each car is equipped with four 122-cm (48-in.) doors and a 102-cm (40-in.) clear opening to accommodate wheelchairs. PROJECT PURPOSE, GOALS, AND OBJECTIVES The stated purpose of the project is to provide mobility and connectivity between Ybor City, the Channelside and Garrison Seaport Districts, and the Convention Center in a way that stabilize existing and stimulate new economic development and preserve the historic character of the area. Goals and objectives to be realized as a result of project implementation include: - Completion of a community vision, Provision of transit accessibility, Historic preservation, Provision of a safe and secure environment, Provision of passenger convenience, Enhancement of urban aesthetics, Provision of an efficient and dependable operation, Provision of intermodal connections, Reduction of roadway congestion, Connection of parking with venues, and Improvement of air quality. 2 Tab VIII-B Streetcar Purpose, Goals & Objectives Figure 1: Existing Streetcar System 3 TAB VIII-C TAB VIII-C TAB VIII-E Streetcar Endowment and Revenue Development Program HISTORY & BACKGROUND From June 1998 to June 2005 the THS Board with the assistance of HART staff sold naming rights on the streetcar system. Naming rights were sold on stations and streetcars and a sponsor benefit package was presented to potential sponsors (Attachment A). The rights to six stations and three streetcars were sold, as well as the naming rights to the entire system. Attachment B shows the current sponsors and agreement terms. In December 2004 THS issued a Request for Qualifications to solicit proposals for a qualified sales and marketing consultant to evaluate the current endowment program and the revenue development programs of the TECO Line Streetcar System. The contract was awarded to Front Row Marketing Services, LLC. Front Row has extensive experience in naming rights consultation and sales, product and vendor rights and event marketing. John McDonald, on behalf of Front Row Marketing, presented a draft of Front Row’s analysis and recommendations of the endowment and revenue development program to the THS Finance Committee at their December 7, 2004 meeting and the draft was approved by the THS Board in at the December 2004 meeting. The Program Evaluation Analysis provided by Front Row Marketing would be the basis for a revamped package to market naming rights and secure sponsors. At the THS Finance Committee in May 2005 Mr. McDonald presented a forecast of potential revenues as high as $196,000 per year. This was based on the media value of “impressions” received by auto, transit, and pedestrian traffic. He also presented a proposal to manage the naming rights program for a cost not to exceed 15% of sales. After negotiations, an amendment was made to his original contract extending the scope of services and providing for six percent (6%) commission. The proposal also called for HART’s Business Development Coordinator, to be utilized as the sales representative. THS would pay for half of this position’s salary and would split its working hours between HART duties and THS. Front Row would charge $3,000 the first six months of the program to create and oversee it. After the first six months THS could evaluate Front Row’s performance, and if they wished to renew Front Row’s involvement for another six months, the charge would be another $3,000. Front Row would also receive six percent commission on all naming right sales; no commissions would go to HART. Marketing expenses were to be $15,000 for a full year. Included in this amount were the merchandise inventory start-up costs and consulting fees for merchandising and retail fixtures (Attachment C) CURRENT PROGRAM At the May THS Board meeting the Board approved the assignment of the HART position to the THS Endowment and Revenue Development Program. The following action plan was implemented at that time. x Development of Sales/Marketing Collateral. With the help of Front Row Marketing individual marketing sales packages were created for prospect visits. Attachment D is an example. x Development of an accounting process for the streetcar revenue program. HART’s Business Development Coordinator met with the City of Tampa Accounting Department staff to design a process for advertising revenue. Revenue is received for interior, exterior, station, step, merchandise and private streetcar rentals. x Development of a prospect list for naming rights. A list was developed in July. Key prospects were identified and meetings were held with each. x Revision of the TECO Line Streetcar System website www.tecolinestreetcar.org. The website includes advertising opportunities, information about private rentals sale of merchandise. It will be used as a marketing and sales tool. Communication will be ongoing with convention meeting planners planning conventions in downtown Tampa directing them to the website for information on charters and sponsor exterior advertising. x Installation of exterior signage on a standard streetcar. The signage was installed on the standard car in September. The car serves as a rolling billboard along the streetcar line promoting streetcar advertising and private rentals. The temporary signage streetcar is sold in three-month intervals for special events and in five day intervals convention sponsors. See Attachment E. x Revision of the interior advertising program. Interior advertising is available on nine standard cars and on the Breezer streetcar. x Introduction of banner advertising and station vending. The plan is to sell banner advertising at streetcar stations and vending machines at key stations. This involves reviewing the existing code with the City of Tampa. x Introduction of Farecard advertising. The streetcar one day unlimited ride card is sold to the Tampa Bay Federal Credit Union. The contract will begin in January 2006 is exclusive ticketback advertising on 150,000 farecards sold in fareboxes and along the streetcar line. x Development of a Merchandise Line & Points of Sale. A line of merchandise was created. All items are branded with the logo and website address. Merchandising items include a t-shirt, train whistle, and postcards. Points of sale include the Fresh Market at Centennial Park, Ybor City State Museum, Ybor City Visitors Center, Tampa Bay Convention & Visitors Bureau, Tampa Convention Center, The Lair in Ybor City and the Tampa Bay History Center. An interior advertising card was created for installation in all cars to promote the sales of merchandise and points of sale. ATTACHMENT B Naming Rights Sponsors Sponsor & Contact Tampa & Ybor City Street Railway Society, Inc. (Richard Swirbul, Treasurer) Type Station Location Effective Date 15th Street 2/20/2002 Amount Terms #2 #3 25,000 $ 25,000 $ 25,000 $ 15,000 $ 15,000 $ 15,000 10 years. Renewal two successive terms of 10 years each with display advertising credit having a value of $100k for each ten year renewal computed to the rate in effect at that time. 30 years, 3 installments; renewal every 10 $100,000 years $ 33,333 $ 33,333 $ 33,333 $ 15,000 $ 15,000 $ 15,000 100,000 $ 15,000 $ 225,000 $ 48,375 $ Tampa Tribune (Amy Chown) Tampa Wholesale Furniture, Inc. (Robert Cadrecha) Station Beneficial THS Display advertising credit in the Tampa Tribune, other inserts and editions from time to time and TBO, value of $125k - five years to use - charged 6/20/2003 until reduced to zero Station 13th St 5/17/2002 Tampa Bay Federal Credit Union (Eddie Hamp) TECO Station System Centro Ybor 6/11/2003 Household Finance Corporation Station Forum Drive Channelside Drive 6/12/1998 $100,000 10 years, one payment, renewal every 10 years $ $1,000,000 No end date on contract. Household changed names since the station was named. Need to contact Tim Mann - 571-8470 to discuss renaming. The Port Authority Station BrightHouse streetcar $250,000 Do not have contract SunTrust streetcar $228,000 Do not have contract 5 years, one payment; renewal for 5 renewal $225,000 terms of one year each Vigo Importing Company (Laura Alessi De Lucia) streetcar Computer One 2nd Anni. Renewal #1 #4 #5 15,000 $ 15,000 52,003 $ 55,903 $ 60,096 $ Do not have contract 6/13/2005 Contract Pending 12/05 streetcar Execution of Agreement 1st Anniv. $ 30 years, renewal every 10 years, 3 $75,000 installments 5 years, billed monthly, renewal for 5 renewal $175,000 terms of one year each $ $35,000 $35,000 $35,000 $35,000 64,603 $35,000 Pending Sponsors Centennial Park station Cumberland station York Street station 8th Avenue 20th Channelside & Cumberland Channelside & York Street Richard Gonzmart declined ongoing communication with Thom Stork ongoing communication with Sam Ellison Schiffino Lee Advertising & Post Properties streetcar 2/15/2006 Florida Association of Mortgage Brokers streetcar 7/1/2006 Tampa Bay Federal Credit Union (Eddie Hamp) farecard 1/22/2006 Q:\Joint THS HART Board Meeting\TAB VIII-E attachment B - naming rights sponsors $5,000 Temporary Advertising - 3 months $2,000 Temporary Advertising Convention 5 days Includes cost of farecard printing/encoding design ($5000) for 150,000 (50M sold in outlets along the streetcar line) and 100M in farebox one year contract. $5,000 revenue. This saves $5,000 from the streetcar marketing budget that would have been used to pay for printing the farecards to be used for something $10,000 else. $5,000 $2,000 $10,000 December 15, 2005 ATTACHMENT C THS Endowment Revenue Program Expense Item Front Row Marketing FRM Commission Marketing Start Up Expense Actual Expense Toni Short (Oct 1 2005-Sep 30 2006=$39,630.74) (prorate adjustment for 2005=$14,071.47) Cost Remarks $6,000.00 $3,000 support fee (June 2005) with an additional $3,000 payable for performance results 6% commssion for the term of all contracted marketing, branding, advertising, vending, promotional and merchandise sales. $15,000 $7,592 exterior package; $5622 products; $176.00 merchandise interior card (13,393.62) $13,393.62. Product sales to date: $2665.00 (five retail shops) See Start Up Budget Spreadsheet for details. $53,702.21 Annual Revenue Item Car Naming Rights Car Naming Rights Station Naming Rights Station Naming Rights INTERIOR ADVERTISING Interior Advertising (commercial rate $300/month) Interior Advertising (commercial rate $300/month) Interior Advertising (commercial rate $300/month) Interior Advertising (commercial rate $300/month) Interior Advertising (commercial rate $300/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Interior Advertising (non-profit rate ($100/month) Farecard Advertising Step Advertising (commercial rate $300/month) Step Advertising (commercial rate $300/month) Step Advertising (commercial rate $300/month) Product Sales to date: Temporary Streetcar Exterior Advertising (3 month) Temporary Streetcar Exterior Advertising (5 day) Total Amount: Sales to Date (includes contracts pending signature) Contract Term Price $35,000 $35,000 $30,000 $30,000 5 5 5 5 $3,600 1 $2,430 $3,600 $3,600 $3,600 $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $1,200 $300 $300 $100 $100 $10,000 $3,600 $3,600 $3,600 1 1 1 1 1 1 1 1 1 1 1 3 months 3 months 1 month 1 month 1 year $5,000 3 month $2,000 5 day 1 1 1 Contracted Revenue $35,000 $35,000 $30,000 $30,000 Remarks SOLD - contract with Attorney - roll out event in January 06 Aquarium - pending Beck - pending Revenue only - does not include production or installation. 26 interior spaces (13 per side) X 8 streetcars-10 public service (1 map); (1 fare), (4 safety), (3 community/event, e.g., Fresh Market) - (1 product card); 16 cards per car remaining - 12 month contract 10% off or 6 month - 5% off $3,240 SOLD - ROCK IN SPORTS SOLD - CHANNELSIDE.US - RECEIVED $2,430 3 MONTH FREE AS DTAA MEMBER $3,240 $3,240 $3,240 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $300 $300 SOLD - ST. PATRICK'S PARADE $100 SOLD - GUAVAWEEN $100 SOLD - SPIRIT OF YBOR $10,000 SOLD - 150,000 FARECARDS - TBFCU TO START JAN 22 - Revenue $5,000 $3,240 1 step $3,240 1 step $3,240 1 step $3,233 Whistle, T-Shirt, Postcards $5,000 Schiffino Lee for Post Properties - to start Feb 15 - contract with customer - pending signature $2,000 Florida Mortage Brokers for July 06 - contract pending $183,143 $59,403.00 ATTACHMENT D -18- Benefits Streetcar ($250,000) Station Stop ($100,000) Tax Credit Streetcar sponsors qualify for a tax credit of up to 50 percent value of their donation (up to a maximum credit of $200,000 per year) under Florida’s Community Contribution Tax Credit Program. This credit applies against State of Florida corporate income tax liability and now, due to changes in the law in 2001, to sales and use tax liability. In the case of sales and tax liability, the credit is handled as a refund of taxes actually paid. This benefit shall continue for as long as the program remains in place, is adequately funded by the State of Florida, and the TECO Line Streetcar is a qualified recipient. Station Stop sponsors qualify for a tax credit of up to 50 percent value of their donation (up to a maximum credit of $200,000 per year) under Florida’s Community Contribution Tax Credit Program. This credit applies against State of Florida corporate income tax liability and now, due to changes in the law in 2001, to sales and use tax liability. In the case of sales and tax liability, the credit is handled as a refund of taxes actually paid. This benefit shall continue for as long as the program remains in place, is adequately funded by the State of Florida, and the TECO Line Streetcar is a qualified recipient. x Sponsor’s name or logo on car’s exterior (front & back) and interior. x Sponsor’s name on station stop. No logos. x x Renaming is permitted with the expressed approval of THS. The sponsor will be responsible for any and all necessary changes in signage and marketing materials required as a result of the name change. All station signs will be one standard size to be determined by the THS board of directors. x The type font can match the sponsors’ logotype but must be a standard font type letter size and a standard color to be determined by THS. x Renaming is permitted with the expressed approval of THS. The sponsor will be responsible for any and all necessary changes in signage and marketing materials required as a result of the name change. x THS board of directors has final approval on the “look” and information on signage. Signage x THS board of directors has final approval on the “look” and information on signage. Benefits Printed Materials -19- Advertising Streetcar ($250,000) Station Stop ($100,000) x The sponsor’s name will appear on the map mounted at each station stop. (If approved by the Barrio Latino and City of Tampa, the sponsor’s logo may also be placed on the map mounted at each station.) x The sponsor’s name will appear on the map mounted at each station stop. (If approved by the Barrio Latino and City of Tampa, the sponsor’s logo may also be placed on the map mounted at each station.) x The sponsor’s name and logo will appear on the x system map/brochure distributed on the streetcar, at stations and by marketing partners (hotels, Tampa Bay Convention and Visitor’s Bureau, the Florida Aquarium, etc.) The sponsor’s name and logo will appear on the system map/brochure distributed on the streetcar, at stations and by marketing partners (hotels, Tampa Bay Convention and Visitor’s Bureau, the Florida Aquarium, etc.) x Each streetcar sponsor will be entitled to $20,000 in system advertising opportunities provided by the system operator during the first year. x Each station stop sponsor will be entitled to $10,000 in system advertising opportunities provided by the system operator during the first year. x The system operator will create and provide an advertising rate card for all advertising opportunities that may include: video time on all monitors in the cars and at various stations; signage in the streetcars, and display ads on the system map/brochure distributed to riders and through marketing partners. Sponsors may select the designated dollar amount of advertising from the menu of opportunities. x The system operator will create and provide an advertising rate card for all advertising opportunities that may include: video time on all monitors in the cars and at various stations; signage in the streetcars, and display ads on the system map/brochure distributed to riders and through marketing partners. Sponsors may select the designated dollar amount of advertising from the menu of opportunities. x Sponsors who advertise without interruption will receive an advertising discount of 15% as long as they continue to advertise. x Sponsors who advertise without interruption will receive an advertising discount of 15% as long as they continue to advertise. Benefits Special Events Streetcar ($250,000) Station Stop ($100,000) x Each streetcar sponsor is entitled to hold two special events on the streetcar, during normal operating hours, each year. x Each station stop sponsor is entitled to hold one special event on the streetcar, during normal business hours, annually. x Streetcar sponsors will be invited to meet with the THS board of directors periodically and asked to serve on an ad hoc Advisory Committee to the board. x Station sponsors will be invited to meet with the THS board of directors periodically and asked to serve on an ad hoc Advisory Committee to the board. -20- Sponsorship Terms Duration of Term Term Renewal Options -21- Payment Period Deposits Streetcar ($250,000) Station Stop ($100,000) Naming rights are for 10 years. Naming rights are for 10 years. At the end of the original 10 year term, THS will offer three (3) 10 year renewal options at $15,000 per renewal period. At the end of the original 10 year term, THS will offer three (3) 10 year renewal options at $15,000 per renewal period. The maximum allowable payment period is two years. One-third is due and payable upon execution of the contract for naming rights and one-third each due upon the first and second anniversary of the naming rights contract. The maximum allowable payment period is two years. One-third is due and payable upon execution of the contract for naming rights and one-third each due upon the first and second anniversary of the naming rights contract. THS will accept non-refundable deposits, but not refundable options, for limited periods of time. THS will accept non-refundable deposits, but not refundable options, for limited periods of time. THS will also accept “back-up commitments” under justifiable circumstances. THS will also accept “back-up commitments” under justifiable circumstances. ATTACHMENT E CORPORATE PARTNERSHIPS Corporate Logo Here TECO Line Street car System General Information The TECO Line Streetcar System is operated by the Hillsborough Area Regional Transit Authority (HART) under contract to Tampa Historic Streetcar, Inc. The mission of the Tampa Historic Streetcar, Inc. (THS) is to offer a dynamic new component to Tampa’s transportation system by providing attractive, reliable, comfortable, convenient and safe streetcar service to local residents and visitors alike. In their heyday, Tampa's streetcars whisked passengers to and from Ybor City, Ballast Point, Hyde Park, Sulphur Springs and points beyond. Operated by uniformed conductors, the Birney cars were a welcome sight, and the familiar clang of the streetcar bell was music to the ears. To ride the streetcar was to feel the pulse of the community. Today, electric streetcars are back in Tampa, supporting continued growth in downtown, Channelside and Ybor City. The first phase of the TECO Line Streetcar System is a 2.3 mile section that connects these three areas, improving transportation capacity, supporting Tampa’s thriving cruise industry and transporting workers to and from their jobs. Phase II will bring the streetcar up to the Hyatt Hotel on Franklin at Whiting. Corporate Sponsors Make History and Support Economic Development Generous support from the local business community is making Tampa's electric streetcar project possible. In fact, the system's name, the TECO Line Streetcar System, is the result of TECO Energy's early and fitting sponsorship of the system. The company known today as TECO Energy began more than a century ago as Tampa Electric, the owner and operator of Tampa's original fleet of electric streetcars. x x x x x x x x x x x IAMS TECO Brighthouse Vigo Alessi SunTrust Bank Household Finance Corporation Tampa Bay Federal Credit Union Tampa Design Interiors Wholesale Furniture Tampa Port Authority Tampa Tribune Tampa & Ybor City Street Railway Society 2 Media Relations Media interest in the streetcar system has been significant. The TECO Line Streetcar System has been featured in such publications as: x x x x x x x x x x x Tampa Bay Destination Guide and Meeting Planners Guide’ AAA Going Places Southern Living Magazine Travel & Leisure Magazine Daily Mirror (UK newspaper) Tampa Tribune St. Petersburg Times American Planning Association Magazine Smithsonian Magazine Calgary Sun ESPN, ABC Sports and many others. One key message prevalent in the local media this year was the connectivity between parking venues and community events. Examples include the 2004 Stanley Cup Playoffs, Outback Bowl, Fireworks Series and Gasparilla. Over the next several years we look forward to worldwide exposure as we host several major sporting events and conventions including the 2006 International Shriner’s Convention, 2006 National Dragonboat Championships, 2007 ACC Men’s Basketball Tournament, 2008 NCAA Men’s Basketball Tournament 1st and 2nd round, 2008 NCAA Women’s Basketball Final Four and the 2009 Super Bowl event. 3 Streetcar Facts x In FY 2005 streetcar ridership was 434,498, a 2.1% increase from 2004. x The Port of Tampa is the nation's fastest growing cruise homeports posting a record year for 2003 with 810,000 passengers passing through its cruise terminals. x New cruise lines have joined the Port igniting fascinating 4, 5, 7, 10, 11 and 14day itineraries. This season Radisson Seven Seas Navigator joined the fleet along with Carnival Cruise Line, Holland America Line, Royal Caribbean Cruise Line and Celebrity Cruises. x There are thirty-one conventions from Nov 05 to the Shriner’s Convention in July 06 bringing in more than 86,000 people into downtown Tampa in convention traffic alone. Many large groups arrive without transportation and rely on the streetcar system to travel to restaurants and entertainment venues. x More and more groups are renting private streetcars directly from the Marriott Waterside to Ybor City for dining/entertainment. In 2005 there were more than forty private charters. Of the 40 charters, 27 were for group travel to dinner from hotels. The Embassy Suites Hotel will add to that number when it opens in 2006 and when the streetcar extends to Whiting the Hyatt Hotel will be located on the tracks too. People enjoy the convenience of taking the streetcar directly from their hotel to dinner, receptions and entertainment. x Residential growth in the Channel District and downtown Tampa is exploding. There are 5,783 condo units planned over the next 3 years. x The automated next stop announcement system announces each station prior to arrival and a streetcar arrives every 15 minutes. Now approaching “The [Your Corporate Name]” Station will be announced each time and your corporate name will receive exposure as a destination station on the streetcar line. x Stations are named in display maps along the stations and maps are laminated and provided to hotels along the line. Your corporation will receive exposure at all stations on the streetcar line as well as lobby hotels. 4 Ridership More than 430,000 rides annually have been taken on the streetcar system. The TECO Line Streetcar System runs daily along a 2.4-mile route connecting downtown Tampa, the Channel District, and Ybor City. The service is seven days a week, with extended hours on the weekends. A few details about our patrons: 32% board the streetcar spontaneously, without a specific destination 48% are from within Florida 52% are visitors from outside of Florida 80% travel in groups of two or more people. Station Stop Naming Rights: Streetcar Naming Rights Sponsorship Evaluation Analysis Introduction The following is a comprehensive Naming Rights sponsorship evaluation analysis of the (10) TECO Line Station Stops. In an effort to provide the most accurate analysis of this sponsorship, we have compiled an impression comparison of the current and proposed elements. This evaluation was measured utilizing current industry standards related to sponsorship impression values and ridership using 2003 annual ridership for the TECO Line of 425,614 boardings. 5 Station Stop Naming Rights Sponsorship Evaluation Analysis: The Station Stop Naming Rights program was analyzed using all of the advertising locations for each station stop and combined for an overall per stop value. Station Stops Total Impressions and Media Value Station Stop 1 2 3 4 5 6 7 8 9 10 Station Southern Transportation Household Finance Corp The Tampa Tribune Station Cumberland Ave Station Address Franklin Street & Ice Palace Dr Morgan St & Ice Palace Dr Beneficial Dr & Channelside Dr Cumberland Ave & Channelside Dr York St & York St Channelside Dr McKay St & Port Authority Channelside Dr Cadrecha Plaza Station 13th St & 7th Ave Streetcar Society Station 15th St & 8th Ave Tampa Bay Federal Credit Union 16th St & 8th Ave Centennial Park Station 20th St & 8th Ave Impressions Impressions Impressions Impressions from Vehicle from from Foot from Traffic Ridership Traffic Collateral 2,737,500 857,088 730,000 2,287,500 2,737,500 10,842 365,000 2,287,500 5,844,015 378,126 624,150 2,287,500 2,372,500 403,332 699,340 2,287,500 2,482,000 11,850 109,500 2,287,500 2,482,000 4,516,875 126,042 32,772 109,500 340,910 2,287,500 2,287,500 2,007,500 30,252 559,910 2,287,500 2,007,500 529,374 559,910 2,287,500 2,007,500 176,460 425,590 2,287,500 6 Station Stop 1 2 3 4 5 6 7 8 9 10 Station Southern Transportation Household Finance Corp The Tampa Tribune Station Cumberland Ave Station York St Port Authority Cadrecha Plaza Station Streetcar Society Station Tampa Bay Federal Credit Union Centennial Park Station Annual Total Media Impressions Value Address Franklin Street & Ice Palace Dr 6,612,088 Morgan St & Ice Palace Dr Beneficial Dr & Channelside Dr Cumberland Ave & Channelside Dr York St & Channelside Dr McKay St & Channelside Dr 13th St & 7th Ave $66,121 5,400,842 $54,008 9,133,791 $91,338 5,762,672 4,890,850 5,005,042 7,178,057 $57,627 $48,909 $50,050 $71,781 15th St & 8th Ave 4,885,162 $48,852 16th St & 8th Ave 5,384,284 $53,843 20th St & 8th Ave 4,897,050 $48,971 7 PROPOSAL ¾ Station Naming Rights Naming rights to Centennial Park Station THE BOTTOM LINE Total Investment: $35,000/annually Term of Agreement: 5-Year Commitment All signage and production costs associated with this partnership are to be the responsibility of the advertiser. 8