HomeMy WebLinkAboutAgenda - 06-16-2009 - 4nORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 16, 2009
Action Agenda
Item No.
SUBJECT: Renew Agreement Between Triangle Transit and Orange County to Operate
the Public Route #420 (Chapel Hill to Hillsborou h)
DEPARTMENT: Aging/Transportation PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Agreement
INFORMATION CONTACT:
Jerry Passmore 245-2020
AI Terry 245-2008
PURPOSE: To renew an agreement between Triangle Transit and Orange County allowing
Orange Public Transportation to operate public route #420 during the non-peak hours and
Triangle Transit to provide financial support for the services.
BACKGROUND: Orange Public Transportation began a fixed public route (8:00 a.m.-5:00 p.m.)
between Hillsborough and Chapel Hill in 2005. Demonstrating the need for the intercity service,
Triangle Transit established a contractual partnership with Orange Public Transportation In
January 2007 to operate an expanded route from 6:00 a.m.-6:30 p.m. The route became even
more successful (growth of 47.6%) and in October 2008 Triangle Transit contracted with Chapel
Hill Transit and Orange Public Transportation to provide service improvements. Chapel Hill
Transit began operating the route with a large transit bus during peak hours and Orange Public
Transportation continued service with its smaller buses during non-peak hours.
The renewal agreement will allow Orange Public Transportation to operate the #420 route
during non-peak hours with financial support from Triangle Transit.
FINANCIAL IMPACT: Triangle Transit will provide 50% of the total operational costs ($88,725
yearly) to Orange County for the non-peak hours of operation. This generates approximately
$47,738 in revenues (fares and ticket sales plus 50% financial support from Triangle Transit)
each year for Orange County.
RECOMMENDATION(S): The Manager recommends the Board approve the renewal
agreement and authorize the Manager to sign the agreement on behalf of Orange County.
AGREEMENT
This Agreement ("Agreement") is made this day of June, 2009 by and
between RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION
AUTHORITY, d/b/a Triangle Transit ("TRIANGLE TRANSIT "), located at 4600
Emperor Boulevard, Suite 100, Durham, North Carolina 27703 and ORANGE
COUNTY, located at 200 South Cameron Street, Hillsborough North Carolina 27278
("COUNTY"). TRIANGLE TRANSIT and COUNTY may be individually referred to
herein as "Party" and collectively referred to as "Parties."
The Parties agree jointly to provide, operate, fund and maintain a public bus
service between the Town of Hillsborough and the Town of Chapel Hill known as "Route
420" (hereinafter "Route 420") with the respective responsibilities and duties listed
below:
1. Term
This agreement shall commence on November 3, 2008 and terminate June 30, 2010.
By mutual agreement, the Parties may jointly extend the term for provision of Route 420
bus service or may otherwise amend this agreement, provided that any extension of the
term of service or amendment shall be in writing and properly executed by the parties.
2. Operations•
In the provision of Route 420 service, TRIANGLE TRANSIT shall have the
following responsibilities:
1. TRIANGLE TRANSIT shall set the route schedule, the number of trips and
the timing of these trips after receiving input and consultation from the
COUNTY. TRIANGLE TRANSIT agrees to provide at least 30 days notice
to the COUNTY of any change in the schedule or operation of Route 420
unless otherwise agreed to by the Parties.
2. TRIANGLE TRANSIT agrees that Route 420 will be operated on all
weekdays during the year, except for the holidays listed in Exhibit Three,
unless otherwise agreed to by the Parties. TRIANGLE TRANSIT also agrees
to provide annually a revised list of holidays during which time the Route 420
service will not be operated.
In the provision of Route 420 service, COUNTY shall have the following
responsibilities:
1. COUNTY will operate Route 420 according to the operating schedule
incorporated into this Agreement as the attached Exhibit Two.
2. In providing Route 420 service, COUNTY will use vehicles with a seated
capacity of at least thirty-five persons, which comply with all applicable
federal and state laws and regulations, which are ADA compliant, and which
are wheelchair accessible.
3. COUNTY agrees to operate Route 420 service on all weekdays during the
year, except for the holidays listed in Exhibit Three, unless otherwise agreed
to by the Parties.
4. COUNTY agrees that if any vehicle intended for or normally used for Route
420 service is unable to be operated for any reason, then COUNTY will
deploy another vehicle of equal or greater seating capacity and which is ADA
compliant and wheelchair accessible, to provide the service called for under
this Agreement.
3. Fundin~•
TRIANGLE TRANSIT shall reimburse the COUNTY for the cost of providing Route
420 service according to the terms of the Service and Cost Proposal attached as
Exhibit One. The terms of the Service and Cost Proposal may only be modified by
the Parties in writing by signed agreement.
COUNTY agrees to provide any operating funds needed for Route 420 service
beyond those provided by TRIANGLE TRANSIT under this Agreement. All fare
revenue from riders on Route 420 shall be collected by COUNTY and credited on the
monthly or other invoice for reimbursement submitted by the COUNTY to
TRIANGLE TRANSIT .
4. Paratransit
TRIANGLE TRANSIT shall continue to provide its existing or customary regional
paratransit service within the ADA-specified 3/4-mile radius of TTA all day fixed-
route bus service within Chapel Hill, namely TRIANGLE TRANSIT Routes 402,
403, 412, and 413.
COUNTY shall continue to have paratransit responsibilities and provide service for
trips within the current Chapel Hill Transit ADA service area, including all areas
served by Route 420.
The Parties agree that the COUNTY shall pay for all costs of paratransit service
associated with Route 420.
5. Billing:
TRIANGLE TRANSIT agrees to pay COUNTY for the operating costs of Route 420
service as set forth in Exhibit One within 30 days of receipt of an invoice from
COUNTY.
COUNTY agrees on a monthly basis to invoice TRIANGLE TRANSIT for the
operating costs of Route 420 service pursuant to Exhibit One less all fare revenues
received by COUNTY and COUNTY'S share of the costs for the period covered by
the invoice. COUNTY will submit an invoice to TRIANGLE TRANSIT by the 15tH
day of each month which includes the number of operating hours, the agreed upon
rate per hour, less COUNTY'S share of costs, less the share of revenue collected, and
the net costs to TRIANGLE TRANSIT .
6. Planning and Fare Policy:
The Parties agree that TRIANGLE TRANSIT shall determine routing, stop locations,
and schedules for the Route 420 service, set the fare and determine the bus pass
system associated with the route. TRIANGLE TRANSIT agrees to consult with
COUNTY staff and advisory board members in discussions regarding route planning,
fares, and operations to maximize regional coordination. TRIANGLE TRANSIT
reserves the right to change the level of service for its routes that do not increase the
quantity of service. If there are any changes to the schedule, routing, fare, or other
operational characteristics of the service, Triangle Transit shall inform the COUNTY
of these changes at least 30 days prior to implementation.
COUNTY agrees to provide the service in the safest and most cost-effective way
given the service parameters determined by TRIANGLE TRANSIT. COUNTY will
also respond to all communications and requests by TRIANGLE TRANSIT in a
timely manner and will provide feedback to TRIANGLE TRANSIT on operation of
the service.
7. ADA Reauirements:
COUNTY agrees to provide Route 420 service in a manner that meets all applicable
ADA public transit requirements, including the policies, regulations and training of
all operators in the safe use of all ADA equipment. Requirements include providing
wheelchair accessible vehicles on fixed route service, wheelchair or motorized
scooter tie-down procedures, operation of bus kneeling feature (if provided), public
address system, making ADA Stop Announcements, operation of talking bus
technology (if provided), service animal regulations, first aid, CPR, and an awareness
of a variety of disabilities and the associated medical symptoms and risks.
8. Maintenance•
TRIANGLE TRANSIT agrees to monitor the maintenance records and communicate
with reasonable promptness any concerns about COUNTY'S performance under this
Agreement.
COUNTY agrees that all components of each vehicle used in this project, including
body, frame, interior equipment, mechanical, electrical, hydraulic, or other operating
systems will, at all times, be maintained in proper working condition free from
damage and malfunction. COUNTY also shall provide a preventive maintenance
(P.M.) program for revenue vehicles that meets or exceeds manufacturer's
recommendation, maintain each vehicle in a clean condition throughout, both interior
and exterior, and at a minimum, be cleaned bi-weekly. COUNTY shall prepare and
maintain all maintenance records required for this service separate from records of the
other operations of the contractor and keep same in accordance with FTA guidelines.
Finally COUNTY shall open or provide all maintenance records relative to this
project to TRIANGLE TRANSIT for inspection upon request. This includes but is
not limited to the following: Vehicle Pre-Trip Inspection Checklist sheets, monthly
reports that include total road calls, passenger trips, vehicle miles and vehicle hours
and any other daily, monthly, and/or annual data as required by FTA under the
National Transit Database (NTD) program requirements.
9. Marketing•
TRIANGLE TRANSIT agrees to establish and implement a plan for marketing this
route, design and print schedule brochures and provide them to COUNTY, designate
that the route is operated by the COUNTY in its printed schedule brochures, and
provide a magnetized sign to be used on the exterior of the vehicles.
COUNTY agrees to operate this service using a vehicle with TRIANGLE TRANSIT
-approved magnetized signage or markings on at least 90% of trips annually, to place
and maintain on-board brochure racks with current route brochures, and to make the
brochures available publicly at all locations along the route with their other materials.
10. Fare Collection:
TRIANGLE TRANSIT shall monitor the invoices and communicate any concerns
about COUNTY'S performance with reasonable promptness to COUNTY.
COUNTY shall record, secure, collect, and deposit fares in strict accordance with
instructions provided by TRIANGLE TRANSIT, including collecting all fares based
on TRIANGLE TRANSIT'S fare structure and to honor all TRIANGLE TRANSIT
passes via visual inspection. COUNTY agrees that the COUNTY'S vehicle operators
are to record each boarding by type of fare, including recording of non-fare
hoardings.
11. Termination for Convenience:
TRIANGLE TRANSIT may terminate this agreement, in whole or in part, without
cause and at any time provided that a 30 day advance written notice has been sent to
COUNTY by TRIANGLE TRANSIT. TRIANGLE TRANSIT agrees to pay
COUNTY for all costs of services under this Agreement up to the date of termination,
and COUNTY agrees to return to TRIANGLE TRANSIT or dispose as TRIANGLE
TRANSIT directs any property belonging to TRIANGLE TRANSIT as of the date of
termination.
12. Customer Information and Complaint HandlinE:
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TRIANGLE TRANSIT agrees to provide current schedule and stop location
information to the GoTriangle Regional Transit Information Center, which the Parties
agree will serve as the primary point of contact for customer information about Route
420, and to forward any complaints received about this service by the GoTriangle
Regional Transit Information Center within 24 hours of receipt to COUNTY for
response and resolution.
COUNTY agrees to provide information about any complaint and COUNTY'S
response within 48 hours of receipt, to ensure that dispatching staff are available
during all hours of operation to respond to inquiries about the operation of the
service, to respond to customer complaints about the service within 48 hours of
receipt and to work to resolve the complaint within one week after receipt, and to
provide a report of all complaints received directly by the COUNTY, staff responses
to complaints, and; response and resolution time, to TRIANGLE TRANSIT no later
than fifteen (15) business days after the end of the month.
13. Performance Reporting:
TRIANGLE TRANSIT shall report all operating statistics and ridership to the
National Transit Database and to the North Carolina Department of Transportation
Public Transportation Division.
The COUNTY shall keep manual counts by day on all trips provided by buses that
are equipped with drop-boxes. These ridership counts shall be provided to
TRIANGLE TRANSIT no later than five (5) business days after the end of the
month.
The COUNTY will provide to TRIANGLE TRANSIT a revenue report that tabulates
revenue received during the month on buses equipped with drop-boxes serving Route
420 no later than ten (10) business days after the end of the month.
COUNTY shall provide TRIANGLE TRANSIT with a copy of their Drug and
Alcohol Policy and Procedures Manual as required by FTA under the Triennial
Review requirements and prepare and maintain for each month of service a Monthly
Statistical Summary on a form developed by the Parties. The Monthly Statistical
Summary shall contain total vehicle miles operated, total vehicle hours, total
passengers, revenue hours, service hours, total complaints and commendations, total
vehicular and passenger accidents and total incidents (regardless of severity, fault, or
cause). The summary should also include road calls, passenger trips, vehicle miles
and vehicle hours totaled by weekday. The monthly report shall be delivered to
TRIANGLE TRANSIT no later than fifteen (15) business days after the end of the
month.
14. Financial Penalties for Reporting and ADA Violations•
TRIANGLE TRANSIT views statistical reporting as a critical element of effective
service planning, service quality evaluation, and policy development. It is imperative
that our transit partners submit ridership data in a consistent and timely manner each
month. In addition, TRIANGLE TRANSIT is committed to providing a public transit
system that everyone can use in accordance with ADA. For these reasons, the Parties
agree that COUNTY shall pay financial penalties in the amount of fifty dollars
($50.00) per day of delay or violation for the following performance failures under
this Agreement: failing to make the vehicle used for Route 420 available; failing to
submit completed monthly reports and invoices by the deadline; failing to make ADA
announcements at designated stops; and failing to have wheelchair accessible and
ADA compliant vehicles on the route.
In its sole discretion, TRIANGLE TRANSIT may choose not to assess a financial
penalty if the failure is judged to be the result of events that are outside the control of
the COUNTY.
15. Compliance with Federal Laws and ReEulations:
COUNTY agrees at all times under this Agreement to comply with the following
applicable clauses required by the Federal Transit Administration (FTA) funds,
including, but not limited to: Certification Regarding Debarment, Suspension and
other Responsibility Matters; Certification Regarding Lobbying; Certification
Regarding Nondiscrimination in Federal Transit Programs; Certification Regarding
Nondiscrimination -Title VI of the Civil Rights Act; Certification Regarding Equal
Employment Opportunity; Certification Regarding Employee Protection
Requirements; and Certification Regarding Environmental Requirements.
16. Notices:
Any notice given pursuant to this Agreement shall be deemed given if delivered by
hand or if deposited in the United States Mail, postage paid, certified mail, return
receipt requested and addressed as follows:
If to TRIANGLE TRANSIT:
David King
General Manager
TRIANGLE TRANSIT
P.O. Box 13787
Research Triangle Park, NC 27709
And with a copy to:
Wib Gulley, General Counsel
TRIANGLE TRANSIT
P.O. Box 13787
Research Triangle Park, NC 27709
If to the COUNTY:
Laura Blackmon, COUNTY Manager
Orange COUNTY
P.O. Box 8181
200 S. Cameron Street
Hillsborough, NC 27278
And with copy to:
John Roberts
Orange COUNTY Attorney
P.O. BOX 8181
200 S. Cameron Street
Hillsborough, NC 27278
The COUNTY will send monthly invoices to TRIANGLE TRANSIT at the address below:
TRIANGLE TRANSIT
Accounts Payable
Finance and Administrative Services Department
PO Box 13787
RTP, NC 27709
17. Binding Effect:
This Agreement shall be binding upon and inure to the benefit of the Parties and their
agents, grantees, successors, and assigns.
18. Dispute Resolution:
In the event a dispute arises between the Parties to this Agreement concerning a
question or fact in connection with the requirements of this Agreement or
compensation therefore, the Parties agree to bargain in good faith towards a mutual
resolution. If the Parties, after honest good faith negotiations, cannot reach a
compromise then either Party may adjudicate their dispute as allowed by North
Carolina State Laws.
19. FTA Drug and Alcohol:
COUNTY agrees to comply with the Federal Transit Administration's Drug and
Alcohol program in accordance 49 CFR Part 655 for all service provided under this
Agreement. This includes a built in oversight program that requires TRIANGLE
TRANSIT to conduct audits, site visits and mock samples and request drug and
alcohol information at anytime. The requested information may include but is not
limited to MRO and SAP certification, MIS report(s), drug and alcohol policy
manuals and training material/records. TRIANGLE TRANSIT has a goal of a 100%
compliance rate with FTA Drug and Alcohol program and the COUNTY agrees to
this same level of commitment. All discoveries of noncompliance must be taken
seriously and corrected within (15) days upon receipt of notification. If there are
findings of noncompliance once the (15) day grace period has passed TRIANGLE
TRANSIT reserves the right to fine up to $50 per day until evidence of correction is
presented.
20. MerEer•
This Agreement constitutes the entire understanding of the Parties hereto with respect
to the subject matter hereof and supersedes all prior agreements between the Parties
hereto (whether written or oral) and is intended as a final expression of their mutual
understanding. This Agreement shall not be modified or amended except in writing
signed by each of the Parties hereto and specifically referring to this Agreement.
(SIGNATURE PAGE FOLLOWS)
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In witness whereof, the Parties hereto have caused this Agreement to be executed by their
duly authorized officials as of the date first given above.
RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
David D. King, General Manager
Approved as to Legal Form:
Office of General Counsel
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act:
Finance Director
ORANGE COUNTY
COUNTY Manager
ATTEST BY COUNTY CLERK:
COUNTY SEAL
COUNTY CLERK
COUNTY Clerk attests date this the _day of , 20
Approved as to Form and Authorization:
COUNTY Attorney
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act
Finance Officer
Transit Director
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EXHIBIT ONE
SERVICE AND COST PROPOSAL
The Parties agree that the costs for COUNTY to operate the Route 420 service shall
include direct operating expenses, shall include platform time, and that COUNTY will
record and provide to TRIANGLE TRANSIT on a regular basis the ridership count for
this service.
The Parties agree that the service and cost for the Route 420 service shall be as follows:
Service Characteristics and Costs
Number of Buses 1
Driver Hours 6.5
Daily Route Miles 160
Hours of pick up/drop-off Operation 8:50-11:SSam
1:00-4:OSpm
Vehicle Operations 160 mi. x $.60/per day $ 96.00
Driver & Benefits ($20.96/hr)/per day $136.24
Administration Support Cost/per day $ 68.50
COUNTY Indirect Cost/per day (22%) $ 65.93
Total Daily Cost $366.67
Hourly Cost $ 56.41
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EXHIBIT TWO
ROUTE 420 SERVICE SCHEDULE
Route 420: Mid-day OPT Service Schedule
8:50 a.m. - 4:05 p.m.
South Bound
MaxWay Churton St. Triangle Durham Southern Columbia Manning
Shopping Police Sports Tech Human St/Franklin Dr at
Center Station Plex Campus Campus Street UNC
8:50 am 8:52 am 8:57 am 9:05 am 9:20 am 9:28 am 9:35 am
10:25 am 10:27 am 10:32 am 10:40 am 10:55 am 11:03 am 11:10 am
DRIVER BREAK (1 hour)
1:00 pm 1:02 pm 1:07 pm 1:15 pm 1:30 pm 1:38 pm 1:45 pm
2:35 pm 2:37 pm 2:42 pm 2:50 pm 3:05 pm 3:13 pm 3:20 pm
North Bound
Manning Columbia Southern Durham Triangle Churton MaxWay
Drat St/Franklin Human Tech Sports Police Shopping
UNC Street Campus Campus Plex Station Center
9:35 am 9:42 am 9:50 am 10:05 am 10:13 am 10:18 am 10:20 am
11:10 am 11:17 am 11:25 am 11:40 am 11:48 am 11:53 pm 11:55 am
DRIVER BREAK (1 hour)
1:45 pm 1:52 pm 2:00 pm 2:15 pm 2:23 pm 2:28 pm 2:30 pm
3:20 pm 3:27 pm 3:35 pm 3:50 pm 3:58 pm 4:03 pm 4:05 pm
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EXHIBIT THREE
TRIANGLE TRANSIT HOLIDAY SCHEDULE
Holiday Schedule Through June 2010
Holiday Observance Date Day of Week
New Year's Day January 1, 2009 Thursday
Martin Luther
King, Jr's January 19, 2009 Monday
Birthday
Good Friday April 10, 2009 Friday
Memorial Day May 25, 2009 Monday
Independence Day July 3, 2009 Friday
Labor Day September 7, 2009 Monday
Thanksgiving November 26 l:t 27,
2009 Thursday &t Friday
Christmas December 24 if 25,
2009 Thursday £~ Friday
New Year's Day
_ _ __ January 1, 2010 Friday
_ _
.Martin Luther
King, Jr. Holiday January 18, 2010 Monday
Good Friday April 2, 2010 Friday
Memorial Day June 1, 2010 Monday