HomeMy WebLinkAboutAgenda - 10-01-2013 - 5fORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 1, 2013
Action Agenda
Item No. 5 -f
1
SUBJECT: Memorandum of Agreement with the Town of Hillsborough for the Hillsborough
Circulator Transit Service
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1. MOA Approved by Hillsborough Town
Board
2. MOA with Tracked Changes from
Previous Version
3. 2013 Hillsborough Circulator Ridership
INFORMATION CONTACT:
Bret Martin, Transportation Planner, 245-
2582
Tom Altieri, Comprehensive, Planning
Supervisor, 245 -2579
Craig Benedict, Planning Director, 245-
2592
PURPOSE: To consider approving an amended Memorandum of Agreement (MOA) between the
Town of Hillsborough and Orange County for the Hillsborough Circulator bus service.
BACKGROUND: At its September 17, 2013 meeting, the BOCC authorized the County Attorney to
review and approve an amended supplemental agreement with the North Carolina Department of
Transportation (NCDOT) that extends the eligibility and use of a Congestion Mitigation and Air
Quality (CMAQ) grant for supporting the Hillsborough Circulator bus service an additional two (2)
years beyond its originally scheduled project duration until November 2015. In conjunction with the
execution of the original agreement with NCDOT, in April 2011, the County and the Town of
Hillsborough entered into an MOA laying out certain responsibilities of both parties regarding the
County's delivery of the Hillsborough Circulator bus service.
In that agreement, the Town of Hillsborough committed to contribute the required 20% local match to
secure the CMAQ grant funds for supporting the service. The original MOA with the Town became
effective in June 2011 and is scheduled to expire in June 2014. Because the CMAQ grant's eligibility
is set to be extended until November 2015, beyond the originally established agreement horizon
date, and the Town of Hillsborough has agreed to continue contributing the required local match to
secure the grant funds that will support the service beyond June 2014, County and Town staff have
worked to update the MOA to reflect these changes.
At its regular meeting on September 9, 2013, the Hillsborough Town Board approved the attached
MOA (Attachment 1) agreeing to contribute the remaining required 20% local match to continue to
support the project through the life of the CMAQ grant's two (2) -year extension up to a maximum total
local match contribution of $69,000. This amount, in conjunction with the $131,000 grant award
amount that will be made available, is projected to conservatively cover the costs of the service
through June 2015 with the potential for the service to be supported through the life of the grant
award extension (November 2015) depending on quarterly cost outcomes. In addition to financial
1
responsibilities, the MOA also lays out general terms and conditions for the County's operation of the
service. Attachment 2 depicts the changes made from the original MOA to the Town of Hillsborough -
approved MOA.
In the future, if it is the desire of the Town and the County for the route to be sustained beyond the
CMAQ grant authorization's extension, Orange County planning staff can work with the Town's
planning staff to identify other grant sources or other sources of local revenue (e.g., Orange County
Bus and Rail Investment Plan [ OCBRIP] monies) that may be available to support the route after the
existing grant award is exhausted. If OCBRIP monies are to be used to support the service, all three
(3) parties to the OCBRIP's Interlocal Implementation Agreement must agree to that arrangement.
Originally, through the first three (3) years of OCBRIP development, it was understood that the
Hillsborough Circulator was to be considered a new service as opposed to an existing service
because there was very little local expenditure on the service. This concept has become more
clouded with Triangle Transit's interpretation of the Interlocal Implementation Agreement that the
Hillsborough Circulator is considered an existing service and would only be eligible for use of
OCBRIP monies to support the increased cost of existing services as opposed to eligibility for funding
new services.
To provide an indication of the scale of service provided by the Hillsborough Circulator, Attachment 3
summarizes the route's 2013 monthly ridership. The route's location and existing schedule can be
accessed using the following web link:
http : / /orangecountync.gov /planninq/ documents/ Townofhillsboroughandorangecounty .pdf
FINANCIAL IMPACT: Based on conservative estimates, projections indicate that the total cost of
continuing the operation of the Hillsborough Circulator transit service through the life of the grant
authorization extension (November 18, 2015) is $192,519. Orange County will be reimbursed for all
eligible costs of operating the route by NCDOT and the Town of Hillsborough. However, the County
must expend the money for services before submitting invoices for reimbursement, and the County
has configured its budget to accommodate this arrangement. The total cost to the County for
operating this service is $0.
RECOMMENDATION(S): The Interim Manager recommends that the Board approve the amended
Memorandum of Agreement with the Town of Hillsborough and authorize the Manager to sign the
Memorandum of Agreement.
Attachment 1
MEMORANDUM OF AGREEMENT for
HILLSBOROUGH CIRCULATOR TRANSIT ROUTE
BETWEEN ORANGE COUNY, NORTH CAROLINA,
AND THE TOWN OF HILLSBOROUGH, NORTH CAROLINA
This Memorandum of Agreement is entered into this A day of d, 2013, by and
between Orange County (County) and the Town of Hillsborough (Town), North Carolina
(referred to collectively as the "Parties ").
WHEREAS, the County and the Town are public entities of North Carolina and are eligible to
enter into a binding contractual relationship with one another; and
WHEREAS, the parties have previously entered into a Memorandum of Agreement dated April
5, 2011, concerning the operation, management and funding of the transit services which are the
subject of this Agreement; and
WHEREAS, the parties desire to enter into this Memorandum of Agreement (hereinafter referred
to as Memorandum) in order to establish the mutually agreed upon conditions upon which the
County will provide certain transit services for the Town; and
WHEREAS, Orange Public Transportation (OPT) is a public transportation system operated by
Orange County Government in Orange County, North Carolina; and
WHEREAS, OPT and the Town developed a Hillsborough Circulator route, and OPT is
currently providing this service; and
WHEREAS, the Town wishes to continue to provide public transportation services through the
Hillsborough Circulator route in and around the Hillsborough town limits.
NOW, THEREFORE, the following Memorandum of Agreement is hereby entered into by the
County and the Town.
FUNDING
The route is currently funded by a Congestion Mitigation and Air Quality (hereinafter CMAQ)
grant jointly administered by the Federal Highway Administration (FHWA) and Federal Transit
Administration (FTA). CMAQ grants for transit operating assistance provide 80% of a project's
funding and require a local match of 20 %. When the Hillsborough Circulator route was initiated,
the duration of a transit operating assistance project's eligibility for a CMAQ grant was three (3)
years; however, new interim guidance released by the FHWA in its interpretation of the Moving
Ahead for Progress in the 21St Century (MAP -21) Federal surface transportation authorization
allows active CMAQ grants that had not fully exhausted their three (3) -year eligibility as of
September 30, 2012, to be extended for a duration not to exceed five (5) years. The North
Carolina Department of Transportation has provided and continues to provide the required 20%
local match for the first $198,000 in costs incurred for the project. After the fast $198,000 is
expended, the Town's previous and current contributions to the County will provide the required
20% local match to continue to support the project through the life of the CMAQ grant's two (2)-
K
n
year extension. The continuation of the Hillsborough Circulator transit service after the total
five -year term of the CMAQ grant is contingent upon available new funding source(s).
CERTIFICATIONS AND ASSURANCES
OPT has provided the North Carolina Department of Transportation with certain Annual
Certifications and Assurances as set forth on that certain document entitled "FEDERAL AND
STATE CERTIFICATIONS AND ASSURANCES FOR COMMUNITY TRANSPORTATION
SERVICE GOVERNANCE
OPT will continue to operate the service and perform other responsibilities as outlined by this
Memorandum. However, in the future, the governance of new transit services might be affected
by the recommendations of an ongoing OPT — Chapel Hill Transit Consolidation Study. Any
governance changes shall be discussed with the Town of Hillsborough prior to implementation.
ORANGE COUNTY RESPONSIBILITIES
Orange County shall:
• Provide public transportation services to the Town of Hillsborough following the attached
route design.
• Provide services on an eight -hour schedule per day, Monday through Friday.
• Provide back -up drivers in case the assigned driver is not available.
• Determine if services should be suspended /limited due to inclement weather.
• Coordinate vehicle maintenance with Orange County Motor Pool to ensure vehicles are in
safe operating order.
• Review the public route design and bus stops to ensure efficiencies and provide any relevant
information to the Town of Hillsborough.
• Discuss the specific situation, and present evidence of cause, with the Town of Hillsborough
staff prior to modification or termination of services.
• Administer the CMAQ grant and provide required reports to the North Carolina Department
of Transportation, Federal Highway Administration and /or Federal Transit Administration.
• Provide and maintain adequate insurance coverage. All such insurances shall meet all laws
of the State of North Carolina.
• Provide any information, data, documents, studies or reports given to or prepared or
assembled under this Memorandum to North Carolina Department of Transportation and the
Town of Hillsborough. Orange County acknowledges that in receiving, storing, processing
or otherwise dealing with any confidential information, OPT will safeguard and not further
disclose the information except as otherwise provided in this Memorandum.
• Continue to provide a service invoice to the Town of Hillsborough on a quarterly basis.
• Maintain existing bus stop signage at route - designated bus stops.
THE TOWN OF HILLSBOROUGH RESPONSIBILITES
The Town of Hillsborough shall:
• Provide the remaining required local match for operating the route under the CMAQ grant
extension not to exceed a total of $69,000 for the Town's overall contribution.
GW
• Provide payment on a quarterly basis, within 30 days of receipt of an invoice from the
County, throughout FY 2014 (July 1, 2013 — June 30, 2014) for the remaining local match
contribution up to a maximum total contribution amount of $69,000.
• Keep bus stops and surrounding pedestrian amenities in the Town limits cleared of snow
during winter months.
• Ensure bus stop locations in the Town limits are compliant with North Carolina Department
of Transportation's specifications and with all Americans with Disabilities Act regulations.
• Alert OPT of potential road closures or other obstructions that might affect transit service.
• Work with Orange County on developing route performance tracking and reporting
mechanism.
MEMORANDUM OF AGREEMENT TERMS AND CONDITIONS
The parties to this Memorandum agree that this Memorandum shall be effective from u /01 / 3
to I l / sS/ !. unless terminated earlier by either party.
This Memorandum shall be reviewed at least annually prior to March 1St and may be terminated
by either party upon 90 days of written notice.
The Memorandum contains the entire understanding of the parties and shall not be altered,
amended or modified, except in writing executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be signed by its
Department Directors.
FOR AND ON BEHALF OF:
ORANGE COUNTY
County Manager
Date
FOR.AND ON BEHALF OF:
TOWN OEJ+ILLSBOROUGH N.C.
T
0
This Memorandum has been approved as to form and legal sufficiency.
County Attorney's Office
Date
This instrument has been pre- audited in the manner required by the Local Governinent Budget
and Fiscal Control Act.
Orange County Financial Director
This Memorandum has been approved as to form and legal sufficiency.
Town Attornev's Office
Date
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Lo�4 a 2 4�m ""4�1
Hillsborough inancial Direc r
Attachment 2: Memorandum of Agreement With Tracked Changes From Previous Version 7
t- - - Formatted: Centered
MEMORANDUM OF AGREEMENT for
HILLSBOROUGH CIRCULATOR TRANSIT ROUTE
BETWEEN ORANGE COUNY, NORTH CAROLINA,
AND THE TOWN OF HILLSBOROUGH, NORTH CAROLINA
•- - - Formatted: Justified
This Memorandum of Agreement is entered into this day of 2013, by and
between Orange County (County) and the Town of Hillsborough (Town), North ..Carolina..
(referred to collectively as the "Parties ").
WHEREAS, theQfaege County and the Town of- � are public entities of North
Carolina and are ieeligible to enter into as binding contractual relationship with one another; and
WHEREAS_ the Darties have Dreviouslv entered into a Memorandum of Agreement dated April
5, 2011, concerning the operation, management and funding of the transit services which are the
subject of this Agreement; and
WHEREAS, the parties desire to enter into this Memorandum of Agreement (hereinafter referred
to as Memorandum) in order to establish the mutually agreed upon conditions upon which the
County will provide certain transit services for the Town; and
WHEREAS_ Orange Public TransDortation (OPT) is a Dublic transDortation system oDerated by
Orange Countv Government in Orange County. North Carolina: and
WHEREAS_ OPT and the Town develoDed a Hillsborough Circulator route_ and OPT is
currently providing this service; and
WHEREAS, the Town wishes to continue to provide public transportation services through the
Hillsborough Circulator route inin and around the Hillsborough town limits.-effd
NOW, THEREFORE, the following Memorandum of Agreement is hereby entered into by the
County and the Town.
FUNDING
The route is currently -funded--by a Congestion Mitigation and Air Quality (hereinafter CMAQ)•--- Formatted: Justified
grant jointly administered by thethe Federal Highway Administration (FHWA) and Federal
Transit Administration (FTA).
CMAQ grants for transit operating assistancet provides 80% of a
project's funding and requires a local match of 20 %.- When the Hillsborough Circulator route
was initiated, the duration of a transit operating assistance project's eliig b�ty for a CMAQ grant
gftaR4 taffR-wasis three (3) years: however, new interim guidance released by the FHWA in its
intep2retation of the Moving Ahead for Progress in the 21st Century (MAP -21) Federal. surface_ , - Formatted: superscript
Formatted: Not Highlight
Attachment 2: Memorandum of Agreement With Tracked Changes From Previous Version
8
t- - - Formatted: Centered
transportation authorization allows active CMAQ grants that had not fully exhausted their three
(3) -year eligibility as of September 30, 2012, to be extended for a duration not to exceed five (5)
ey ars. —The North Carolina Department of Transportation has eaffffflitted to provided and
continues to provide the required 20% local match for the first $198,000 in costs incurred for the
rp oject et. After the first $198,000 is expended, the Town's previous and
current contributions to the County will provide- the requiredwill provide 20% local match to
continue to support the project through the life of the CMAQ giant's two (2)year extension...
The continuation of the Hillsborough Circulator t te- transit services after the total five -year term
of the CMAQ grant is contingent upon available new funding source(s)-
CERTIFICATIONS AND ASSURANCES
OPT has provided the North Carolina Department of Transportation with certain Annuals- - - Formatted: Justified
Certifications and Assurances as set forth on that certain document entitled "FEDERAL AND
STATE CERTIFICATIONS AND ASSURANCES FOR COMMUNITY TRANSPORTATION
PROGRAMS. " -
SERVICE GOVERNANCE
OPT will continue to operate the service and perform other responsibilities as outlined by this~- - - j Formatted: Justified
Memorandum. However, in the future, the governance of thL—new transit services might be
affected by the recommendations of an ongoing OPT — Chapel Hill Transit Consolidation Study.
Any governance changes shall be discussed with the Town of Hillsborough prior to
implementation.
ORANGE COUNTY RESPONSIBILITIES
•- - - Formatted: Justified
Orange County shall:
• Provide public transportation services to the Town of Hillsborough following the attached
route desig_Lm.
• Provide services on an eight -hour schedule per day, Monday through Friday.
• Provide back -up drivers in case the assigned driver is not available.
• Determine if services should be suspended/limited due to inclement weather.
• Coordinate vehicle maintenance with Orange County Motor Pool to ensure vehicles are in
safe operating order.
• Review the public route design and bus stops to ensure efficiencies and provide any relevant
information to the Town of Hillsborough.
• Discuss the specific situation, and present evidence of cause, with the Town of Hillsborough
staff prior to modification or termination of services.
• Administer the CMAQ grant and provide required reports to the North Carolina Department
of Transportation, Federal Highway Administration and/or Federal Transit Administration.
• Provide and maintain adequate insurance coverage. All such insurances shall meet all laws
of the State of North Carolina.
• Provide any information, data, documents, studies or reports given to or prepared or
assembled under this Memorandum to North Carolina Department of Transportation and the
Town of Hillsborough. Orange County acknowledges that in receiving, storing, processing
or otherwise dealing with any confidential information„ OPT will safeguard and not further
disclose the information except as otherwise provided in this Memorandum.
Attachment 2: Memorandum of Agreement With Tracked Changes From Previous Version
9
t- - - Formatted: Centered
COritlnue t0 - Formatted: Not Highlight
• gprOVlde a SerV1Ce 1nVO1Ce t0 the TOWn Of H111sbOI'Ough On a art( ry basis- , - Formatted: Not Highlight
• Maintain existing buts stop signage at route - designated bus stops.
THE TOWN OF HILLSBOROUGH RESPONSIBILITES
t- - - Formatted: Justified
The Town of Hillsborough shall:
• Provide, the remaining required local match for operating the route under the CMAQ pant_ _ - - Formatted: Not Highlight
extension not to exceed a total of $69,000 for the Town's overall contribution.
• Provide payment on a quarterly basis, within days of receipt of an invoice from the
Coun throughout FY 2014 (July 1, 2013 — June 30, 2014) for the remaining local match - - Formatted: Not Highlight
contribution up to a maximum total contribution amount of $69,000.
^*"
• Keep bus stops and surrounding pedestrian amenities in the Towneity limits cleared of snow
during winter months.
• Ensure bus stop locations in the Townes limits are compliant with North Carolina
Department of Transportation's specifications and with all Americans with Disabilities Act
regulations.
• Alert OPT of potential road closures or other obstructions that might affect transit service.
R14fliped i4; A_Pf)eIIdi* A.
• Work with Orange County on developing route performance tracking and reporting
mechanism.
Attachment 2: Memorandum of Agreement With Tracked Changes From Previous Version 10
t- - - Formatted: Centered
MEMORANDUM OF AGREEMENT TERMS AND CONDITIONS
t- - - Formatted: Justified
The parties to this Memorandum agree that Obe, teffffflt R- -C 4—his; ffift-affite-ifffin; d-14— is _ _ _ _ _ _ _ _ , - Formatted: Highlight
this Memorandum shall be effective from
to / / unless terminated earlier by either party.-
This Memorandum shall be reviewed at least annually; prior to March Ist and may be terminated
by either party upon 90 days of written notice.
The Memorandum contains the entire understanding of the parties and shall not be altered,
amended or modified, except in writing executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be signed by its
Department Directors.
FOR AND ON BEHALF OF: FOR AND ON BEHALF OF:
ORANGE COUNTY TOWN OF HILLSBOROUGH N.C.
County Manager
Date
Town Manager
Date
This Memorandum has been approved as to form and legal sufficiency.
County Attorney's Office
Date
t- - - Formatted: Justified
t- - - Formatted: Justified
t- - - j Formatted: Justified
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Orange County Financial Director
This Memorandum has been approved as to form and legal sufficiency.
Town Attorney's Office
Date
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Hillsborough Financial Director
Attachment 2: Memorandum of Agreement With Tracked Changes From Previous Version 11
t- - - Formatted: Centered
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