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R -21 -06 A RESOLUTION TO AMEND THE COST ALLOCATION AGREEMENT BETWEEN THE CITIES OF CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK, PORTSMOUTH, VIRGINIA BEACH AND THE TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS. WHEREAS, the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia Beach (collectively, the "Participating Cites ") and the Transportation District Commission of Hampton Roads ( "HRT ") are parties to the Cost Allocation Agreement, effectively dated October 1, 1999 ( "Allocation Agreement "); and WHEREAS, the Allocation Agreement, among its other provisions, defines how state and federal funding received by HRT is allocated to the Participating Cities for the capital and operating costs associated with acquiring, consolidating, rehabilitating, operating and expanding public transportation facilities and services for the Hampton Roads region; and WHEREAS, the Allocation Agreement currently requires HRT to distribute its eligible federal and state funding to each of the Participating Cities on a pro rata basis based on the annual cost to provide transit services and the level requested by each Participating City; and WHEREAS, HRT may provide greater budgetary certainty to all Participating Cities through strategic allocation of its eligible state and federal funding; and WHEREAS, the current Allocation Agreement does not permit HRT to strategically allocate its state and federal funding amongst the Participating Cities; and WHEREAS, the Allocation Agreement may be amended, via a resolution from each Participating City, to permit HRT to strategically allocate its eligible state and federal funding; and WHEREAS, the City of Portsmouth desires to modify and amend the Allocation Agreement so that HRT may help mitigate adverse financial impacts to it and the other Participating Cities from the date of this Resolution until June 30, 2022. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that: 1. Beginning July 1, 2021 and continuing until June 30, 2022 ( "Effective Period "), which corresponds with HRT's fiscal year 2022, HRT is authorized to strategically allocate its available and eligible federal and state funding, to the City of Portsmouth. 2. During the Effective Period, the City agrees to modify the Allocation Agreement. Article IX, Allocation of Revenues, sections (D) and (E) shall be deleted and replaced as follows: Article IX. Allocation of Revenues 1* * *1 D. Federal funds received to reimburse net eligible operating expenses will be strategically allocated to each Participating City. Eligible federal funds,