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2017-225 OPT - Triangle J. Council of Governments - Grant Award Agreement
THIS AGREEMENT made this the day of Jlvne21, 2017, (hereinafter referred to as AGREEMENT) by and between the TRIANGLE J COUNCIL OF GOVERNMENTS ("TJCOG") and Orange County ("Recipient"). WHEREAS, TJCOG and the Recipient desire to utilize grant funds for the purpose of encouraging innovative approaches in the provision of transportation demand management services; and WHEREAS,TJCOG and the Recipient desire to secure and utilize grant funds for the above referenced purposes, NOW, THEREFORE, in consideration of the mutual covenants herein set forth, TJCOG and the Recipient agree as follows: Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for the undertaking of a transportation demand management(TDM) project by the Recipient as described in the project application. Section 2. Project Implementation. The Recipient agrees to carry out the Project as follows: a. Scope of Project.The Recipient shall undertake and complete the Project as described in the approved Recipient's Project Budget,incorporated into this Agreement as Attachment A,filed with and approved by the TDM Oversight Committee, and in accordance with the Project Application for financial assistance and the terms and conditions of this Agreement.Nothing shall be construed under the terms of this Agreement by TJCOG or the Recipient that shall cause any conflict with Department,State,or Federal statutes,rules, or regulations. b. Cost of Project. The total cost of the Project approved by the TDM Oversight Committee is $60,211 as set forth in the Project Description and Budget,incorporated into this Agreement as Attachment A. This includes $60,211 for local activities (SO% or $30,105.50 in grant funding,and 50%or$30,105.50 in local match). Funds may not be transferred among line items unless written authorization is obtained from the TDM Oversight Committee. TJCOG will then work with the Recipient to prepare a budget amendment.Until contracts are fully executed between TJCOG and DOT PTD,spending for all subrecipients shall be capped at 50%of total project budget.TJCOG and DOT expect to execute their contract for the grant year before October 2017. TJCOG will issue a contract amendment authorizing subrecipients to spend the full contract amount at that time. c. Period of Performance. This Agreement shall commence upon the date of execution. The period of performance for all expenditures shall extend from JULY 1, 2017 TO JUNE 30, 2018, unless written authorization to the contrary is provided by TJCOG. If a contract extension is requested, TJCOG must obtain written authorization from the Department of Transportation and the TDM Oversight Committee.The Recipient shall commence,carry on, and complete the approved Project with all practicable dispatch,in a sound,economical,and efficient manner. d. Recipient's Capacity.The Recipient agrees to maintain sufficient legal,financial,technical,and managerial capability to: (a) Plan, manage,and complete the Project and provide for the use of Project property; (b) Carry out the safety and security aspects of the Project; and (c) Comply with the terms of this Agreement, the Approved Project Budget, the Project schedules,and applicable Federal and State laws,regulations,and directives. e. Administrative Requirements.The Recipient agrees to comply with the following Federal and State administrative requirements: (1) U.S. DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 Page 1 of 18 C.F.R.Part 18 at http//www access gpo gov/nara/cfr/cfr-table-search.html#panel; (2)Title 19A North Carolina Administrative Code (N.C.A.C.) Subchapter 513 at http://reports.oah.state.nc.usIncac.asp. f. Application of Federal, State, and Local Laws, Regulations, and Directives. To achieve compliance with changing federal requirements,the Recipient makes note that federal,state and local requirements may change and the changed requirements will apply to this Agreement as required. g. Full and Open Competition. In accordance with 49 U.S.C. § 5325(a), the Recipient agrees to conduct all procurement transactions in a manner that provides full and open competition. h. Recipient's Responsibility to Extend Federal and State Requirements to Other Entities. a. Entities Affected. Only entities that are signatories to this Agreement for the Project are parties to this agreement. To achieve compliance with certain Federal and State laws, regulations, or directives, however, other Project participants, such as subrecipients and third party contractors, will necessarily be involved.Accordingly, the Recipient agrees to take the appropriate measures necessary to ensure that all Project participants comply with applicable Federal and State laws, regulations, and directives affecting their performance b. Documents Affected. The applicability provisions of Federal and State laws, regulations, and directives determine the extent to which their provisions affect a Project participant. Thus, the Recipient agrees to include adequate provisions to ensure that each Project participant complies with those Federal and State laws, regulations, and directives. In addition,the Recipient also agrees to require its third party contractors and subrecipients to include adequate provisions to ensure compliance with applicable Federal and State laws,regulations,and directives in each lower tier subcontract and subagreement for the Project. Additional requirements include the following: (a)Third Party Contracts.Because Project activities performed by a third party contractor must comply with all applicable Federal and State laws, regulations, and directives, the Recipient agrees to include appropriate clauses in each third party contract stating the third party contractor's responsibilities under Federal and State laws,regulations,and directives,including any provisions directing the third party contractor to extend applicable requirements to its subcontractors at the lowest tier necessary. When the third party contract requires the third party contractor to undertake responsibilities for the Project usually performed by the Recipient, the Recipient agrees to include in that third party contract those requirements applicable to the Recipient imposed by the Grant Agreement for the Project.Additional guidance pertaining to third party contracting is contained in the FTA's "Best Practices Procurement Manual." (b) Subagreements. Because Project activities performed by a subcontractor/ subrecipient must comply with all applicable Federal and State laws,regulations,and directives,the Recipient agrees as follows: i. Written Subagreement. The Recipient agrees to enter into a written agreement with each subrecipient (subagreement) stating the terms and conditions of assistance by which the Project will be undertaken and completed. ii. Compliance with Federal Requirements. The Recipient agrees to implement the Project in a manner that will not compromise the Recipient's compliance with Federal and State laws, regulations, and directives applicable to the Project and the Recipient's obligations under this Agreement for the Project. Therefore,the Recipient agrees to include in each subagreement appropriate clauses directing the subrecipient to comply with those requirements Page 2 of 18 applicable to the Recipient imposed by this Agreement for the Project and extend those requirements as necessary to any lower level subagreement or any third party contractor at each tier. Section 3. Ethics. a. Code of Ethics.The Recipient agrees to maintain a written code or standards of conduct that shall govern the actions of its officers, employees, board members, or agents engaged in the award or administration of third party contracts or subagreements financed with Federal/State assistance. The Recipient agrees that its code or standards of conduct shall specify that its officers,employees,board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential third party contractor at any tier or subrecipient at any tier or agent thereof.Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award.The Recipient may set de minimis rules where the financial interest is not substantial,or the gift is an unsolicited item of nominal intrinsic value. The Recipient agrees that its code or standards shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by State or local law or regulations, the Recipient agrees that its code or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers,employees,board members,or their agents, or its third party contractors or subrecipients or their agents. (1) Personal Conflicts of Interest. The Recipient agrees that its code or standards of conduct shall prohibit the Recipient's employees,officers,board members,or agents from participating in the selection, award, or administration of any third party contract or subagreement supported by Federal/State assistance if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ,any of the parties listed herein has a financial interest in the firm selected for award. (2) Organizational Conflicts of Interest. The Recipient agrees that its code or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third party contract or subagreement may,without some restrictions on future activities,result in an unfair competitive advantage to the third party contractor or subrecipient or impair its objectivity in performing the contract work. b. Debarment and Suspension. The Recipient agrees to comply, and assures the compliance of each third party contractor, with Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations, "Governmentwide Debarment and Suspension (Nonprocurement)," 49 C.F.R. Part 29. The Recipient agrees to, and assures that its third party contractors will, review the Excluded Parties Listing System at (http://epls.arnet.gov/)before entering into any contracts. c. Bonus or Commission. The Recipient affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its application for the Project. d. Lobbying Restrictions. The Recipient agrees that: (1) It will comply, and will assure the compliance of each third party contractor at any tier and each subrecipient at any tier,with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352, and (2) To the extent applicable, it will comply with Federal/State laws and regulations prohibiting the use of Federal/State assistance for Page 3 of 18 activities designed to influence Congress or a State legislature with respect to legislation or appropriations,except through proper,official channels. e. Employee Political Activity.To the extent applicable,the Recipient agrees to comply with the provisions of the Hatch Act, 5 U.S.C.§§ 1501 through 1508,and 7324 through 7326,and U.S. Office of Personnel Management regulations, "Political Activity of State or Local Officers or Employees," 5 C.F.R. Part 151. The Hatch Act limits the political activities of State and local agencies and their officers and employees, whose principal employment activities are financed in whole or part with Federal funds including a Federal grant, cooperative agreement, or loan.Nevertheless,in accordance with 49 U.S.C.§ 5307(k)(2)(B) and 23 U.S.C. § 142(g), the Hatch Act does not apply to a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA assistance to whom the Hatch Act would not otherwise apply. f. False or Fraudulent Statements or Claims. The Recipient acknowledges and agrees that: (1) Civil Fraud.The Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C.§§3801 et seq.,and U.S.DOT regulations,"Program Fraud Civil Remedies,"49 C.F.R.Part 31,apply to its activities in connection with the Project. By executing this Agreement for the Project, the Recipient certifies or affirms the truthfulness and accuracy of each statement it has made, it makes,or it may make in connection with the Project. In addition to other penalties that may apply, the Recipient also understands that if it makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal/State Government concerning the Project, the Federal/State Government reserves the right to impose on the Recipient the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal/State Government deems appropriate. (2) Criminal Fraud. If the Recipient makes a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation to the Federal/State Government or includes a false, fictitious, or fraudulent statement or representation in any agreement with the Federal/State Government in connection with a Project authorized under 49 U.S.C. chapter 53 or any other Federal law,the Federal/State Government reserves the right to impose on the Recipient the penalties of 49 U.S.C. § 5323(1), 18 U.S.C. § 1001 or other applicable Federal/State law to the extent the Federal/State Government deems appropriate. Section 4. Project Expenditures. a. General. The Department shall reimburse the Recipient for allowable costs for work performed under the terms of this Agreement.The Recipient shall expend funds provided in this Agreement in accordance with the approved Project Budget, included as Attachment A to this Agreement. It is understood and agreed that the work conducted pursuant to this Agreement shall be done on an actual cost basis by the Recipient. Until contracts are fully executed between TJCOG and DOT PTD,spending for all subrecipients shall be capped at 50%of total project budget.TJCOG and DOT expect to execute their contract for the grant year before October 2017. TJCOG will issue a contract amendment authorizing subrecipients to spend the full contract amount at that time.Expenditures submitted for reimbursement shall include all eligible costs incurred within the quarter. The amount of reimbursement from TJCOG shall not exceed the award funds budgeted in the approved Project Budget.The Recipient shall initiate and prosecute to completion all actions necessary to enable the Recipient to provide its share of project costs at or prior to the time that such funds are needed to meet project costs. Each project line item included in the program budget and invoice template will only be reimbursed by grant funds at 50%. The remaining costs per line item must be paid by matching funds. b. Payment. The Recipient shall submit itemized invoices to TJCOG not less frequently than quarterly,reporting on forms furnished by TJCOG for work performed under this Agreement. Page 4 of 18 Expenditures submitted for reimbursement shall include all eligible cost incurred and be for work performed within the quarter. Failure to request reimbursement for expenses incurred within the quarter may result in non-payment. All requests for reimbursement must be submitted within (30) days following the end of the quarter, including the final invoice. Invoices shall be supported by documentation of costs. Failure to request reimbursement for eligible projects costs as outlined may result in termination of the Project. Invoices shall be approved by the TJCOG Energy & Environment Program Manager. c. Excluded Costs.The Recipient understands and agrees that ineligible costs will be treated as follows: (1) In determining the amount of assistance TJCOG will provide,TJCOG will exclude: (a)Any Project cost incurred by the Recipient before the Effective Date of the Grant; (b)Any cost that is not included in the latest Approved Project Budget; (c) Any cost for Project property or services received in connection with a third party contract or subagreement with a subrecipient that must be approved by the TDM Oversight Committee, or other arrangement required to be, but has not been, concurred by the Oversight Committee; (d) Any non-project cost consistent with the prohibitions of 49 U.S.C. § 5323(h); (e) Any cost ineligible for Department participation as provided by applicable Federal/State laws, regulations, or directives; and (f) Expenditures on incentive items are prohibited. (g) Items listed in the FY2018 Request for Proposals, including Food (with the exception of branded food items used as a promotional item); Unbranded promotional items, including event decorations (e.g., balloons); Incentives/prizes (unless prior approval has been obtained from the Oversight Committee); Entertainment (e.g., musical bands, DJs); Capital expenses (e.g., vehicle or vehicle parts acquisition, bicycles or bicycle racks, bus or vanpool passes for regular customers, etc. In special circumstances, bus, or vanpool passes may be used for new employees for a limited amount of time); Building costs; Sales tax (except for travel expenses); Operating costs, such as vehicle maintenance; Computer hardware and software (e.g., laptops); (2) The Recipient understands and agrees that payment to the Recipient for any Project cost does not constitute TJCOG's final decision about whether that cost is allowable and eligible for payment and does not constitute a waiver of any violation by the Recipient of the terms of this Agreement.The Recipient acknowledges that TJCOG will not make a final determination about the allowability and eligibility of any cost until any audit of the Project has been completed. If TJCOG determines that the Recipient is not entitled to receive any portion of the State assistance the Recipient has requested or provided, TJCOG will notify the Recipient in writing, stating its reasons. The Recipient agrees that Project closeout will not alter the Recipient's responsibility to return any funds due TJCOG as a result of later refunds, corrections, or other transactions; nor will Project closeout alter TJCOG's right to disallow costs and recover funds on the basis of a later audit or other review.Unless prohibited by Federal/State law or regulation,TJCOG may recover any funds made available for the Project as necessary to satisfy any outstanding monetary claims that TJCOG may have against the Recipient. d. State Claims, Excess Payments, Disallowed Costs, including Interest. (1) Recipient's Responsibility to Pay. Upon notification to the Recipient that specific amounts are owed to TJCOG,whether for excess payments of assistance,disallowed costs,or funds recovered from third parties or elsewhere, the Recipient agrees to remit to TJCOG promptly the amounts owed,including applicable interest and any penalties and administrative charges.(2)Amount of Interest. The Recipient agrees to remit to TJCOG interest owed as determined in accordance with N.C.G.S. 147-86.23. e. Travel. Reimbursement for travel subsistence expenses (i.e., hotel and food costs) is allowable at the Federal rate (found at http://www.gsa.gov/perdiem). Page 5 of 18 Section 5.Accounting Records. a. Documentation of Project Costs. All costs charged to the Project, including any approved services performed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts, receipts, or vouchers evidencing in detail the nature and propriety of the charges. b. Allowable Costs. Expenditures made by the Recipient shall be reimbursed as allowable costs to the extent they meet all of the requirements set forth below.They must be: (1) consistent with the Project Work Plan, Project Budget, and all other provisions of this Agreement; (2) Necessary in order to accomplish the Project; (3) Reasonable in amount for the goods or services purchased; (4) Actual net costs to the Recipient, i.e., the price paid minus any refunds; (5) Incurred and be for work performed within the period of performance of this Agreement;and (6) Satisfactorily documented. Section 6.Reporting, Record Retention,and Access. a. Reports & Invoices. The Recipient shall provide quarterly reports to TJCOG on the progress of its TDM activities described in the Work Plan.The Recipient shall collect and submit to TJCOG at such time as it may require,such financial statements,data,records,contracts,and other documents related to the Project as may be deemed necessary by TJCOG.Such reports shall include narrative and financial statements of sufficient substance to be in conformance with the reporting requirements of the Triangle TDM Grant Program b. Record Retention. The Recipient and its third party contractors shall retain all records pertaining to this Project for a period of five (5) years from the date of final payment to the Recipient,or until all audit exceptions have been resolved,whichever is longer,in accordance with "Records Retention and Disposition Schedule - Public Transportation Systems and Authorities, April 1, 2006," at http:Ilarchives.ncdcr.gov/Portals/3/PDFIschedules/schedules revised/public transoorati on authorities.pdf[sic]. c. Access to Records of Recipient and Subcontractors. The Recipient shall permit and shall require its third party contractors to permit TJCOG or its authorized representatives to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books,records,and accounts of the Recipient pertaining to the Project.TJCOG shall reserve the right to reject any and all materials and workmanship for defects and incompatibility with Project Description or excessive cost. The Department shall notify the Recipient, in writing, if materials and/or workmanship are found to be unacceptable. The Recipient shall have ninety (90) days from notification to correct defects or to provide acceptable materials and/or workmanship. Failure by the Recipient to provide acceptable materials and/or workmanship, or to correct noted defects, shall constitute a breach of contract. d. Project Closeout.The Recipient agrees that Project closeout does not alter the reporting and record retention requirements of this Section 6 of this Agreement. Section 7. Project Completion,Audit,Settlement,and Closeout. a. Project Completion.Within thirty(30)calendar days following Project completion,the end of the Project's period of performance, the Recipient agrees to submit a final reimbursement request to TJCOG for eligible Project expenses. b. Financial Reporting and Audit Requirements. In accordance with the single audit act amendments of 1996 and title 2 U.S. Code of Federal Regulations (CFR) part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the State Single Audit Implementation Act and N.C.G.S. 159-34,the Recipient shall have its accounts audited as soon as possible after the close of each fiscal year Page 6 of 18 by an independent auditor.TJCOG reserves the right to request annual audit reports from the subrecipient. c. Audit Costs.Unless prohibited by law,the costs of audits made in accordance with the single audit act amendments of 1996 and title 2 U.S. Code of Federal Regulations (CFR) part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the State Single Audit Implementation Act are allowable charges to State awards.The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments." The cost of any audit not conducted in accordance with the single audit act amendments of 1996 and title 2 U.S. Code of Federal Regulations(CFR)part 200 Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and the State Single Audit Implementation Act and N.C.G.S. 159-34 is unallowable and shall not be charged to State grants. d. Funds Owed to TJCOG.The Recipient agrees to remit to TJCOG any excess payments made to the Recipient, any costs disallowed by TJCOG, and any amounts recovered by the Recipient from third parties or from other sources, as well as any penalties and any interest required by Subsection 4d of this Agreement. e. Project Closeout. Project closeout occurs when TJCOG issues the final project payment or acknowledges that the Recipient has remitted the proper refund. The Recipient agrees that Project closeout by TJCOG does not invalidate any continuing requirements imposed by this Agreement. Section 8. Civil Rights. The Recipient agrees to comply with all applicable civil rights laws and implementing regulations including,but not limited to,the following: a. Nondiscrimination in Public Transportation Programs. The Recipient agrees to comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier of the Project,with the provisions of 49 U.S.C. § 5332,which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity. b. Nondiscrimination - Title VI of the Civil Rights Act. The Recipient agrees to comply, and assures the compliance of each third party contractor at any tier and each subrecipient at any tier of the Project, with all provisions prohibiting discrimination on the basis of race, color, or national origin of Title VI of the Civil Rights Act of 1964,as amended,42 U.S.C.§§2000d et seq., and with U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act,"49 C.F.R. Part 21. c. Equal Employment Opportunity.The Recipient agrees to comply,and assures the compliance of each third party contractor at any tier of the Project and each subrecipient at any tier of the Project,with all equal employment opportunity(EEO)provisions of 49 U.S.C.§5332,with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and implementing Federal regulations and any subsequent amendments thereto. The Recipient agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age, or national origin. The Recipient agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed,sex, disability, age, or national origin. Such action shall include,but not be limited to,employment,upgrading,demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Page 7 of 18 d. Access for Individuals with Disabilities. The Recipient agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Recipient also agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973,as amended,with 29 U.S.C.§ 794, which prohibits discrimination on the basis of disability;with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968,as amended,42 U.S.C.§§4151 et seq.,which requires that buildings and public accommodations be accessible to individuals with disabilities. In addition, the Recipient agrees to comply with applicable Federal regulations and directives and any subsequent amendments thereto as follows: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R.Part 35; (5)U.S.DOJ regulations,"Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. General Services Administration(U.S.GSA)regulations,"Accommodations for the Physically Handicapped,"41 C.F.R. Subpart 101-19; (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630; (8) U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and (9) U.S.ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. Part 1194; (10) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination directives implementing the foregoing regulations. e. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extent applicable, the Recipient agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1174 et seq.,with the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4581 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 290dd-3 and 290ee-3, and any subsequent amendments to these acts. f. Access to Services for Persons with Limited English Proficiency.To the extent applicable,the Recipient agrees to comply with the policies of Executive Order No.13166,"Improving Access to Services for Persons with Limited English Proficiency,"42 U.S.C.§2000d-1 note,and with the provisions of U.S. DOT Notice,"DOT Guidance to Recipients on Special Language Services to Limited English Proficient(LEP)Beneficiaries,"66 Fed.Reg.6733 et seq.,January 22,2001. g. Environmental Justice.The Recipient agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,"42 U.S.C.§4321 note. Page 8 of 18 h. Other Nondiscrimination Laws.The Recipient agrees to comply with all applicable provisions of other Federal laws,regulations,and directives pertaining to and prohibiting discrimination that are applicable. Section 9. Planning and Private Enterprise. a. General.To the extent applicable,the Recipient agrees to implement the Project in a manner consistent with the plans developed in compliance with the Federal planning and private enterprise provisions of the following: (1)49 U.S.C.§§5303, 5304,5306,and 5323(a)(1); (2) the joint Federal Highway Administration (FHWA)/FTA document, "Interim Guidance for Implementing Key SAFETEA-LU Provisions on Planning, Environment, and Air Quality for Joint FHWA/FTA Authorities," dated September 2, 2005, and subsequent Federal directives implementing SAFETEA-LU; (3) joint FHWA/FTA regulations, "Planning Assistance and Standards," 23 C.F.R.Part 450 and 49 C.F.R. Part 613 to the extent that those regulations are consistent with the SAFETEA-LU amendments to public transportation planning and private enterprise laws,and subsequent amendments to those regulations that may be promulgated; and () FTA regulations,"Major Capital Investment Projects,"49 C.F.R.Part 611,to the extent that those regulations are consistent with the SAFETEA-LU amendments to the public transportation planning and private enterprise laws, and any subsequent amendments to those regulations that may be subsequently promulgated. In addition, other regulations and restrictions pertaining specifically to Transportation Demand Management activities may apply,and TJCOG reserves the right to amend the contract with these regulations as they are brought to our attention. b. Governmental and Private Nonprofit Providers of Nonemergency Transportation.In addition to providing opportunities to participate in planning as described in Subsection 9a of this Agreement, to the extent feasible the Recipient agrees to comply with the provisions of 49 U.S.C. § 5323(k), which afford governmental agencies and nonprofit organizations that receive Federal assistance for nonemergency transportation from Federal Government sources(other than U.S.DOT) an opportunity to be included in the design,coordination,and planning of transportation services. Section 10.Preference for United States Products and Services. To the extent applicable,the Recipient agrees to comply with U.S.domestic preference requirements. Section 11. Procurement. To the extent applicable,the Recipient agrees to comply with the following third party procurement provisions: a. Federal and State Standards. The Recipient agrees to comply with the third party procurement requirements of 49 U.S.C.chapter 53 and other applicable Federal laws in effect now or as subsequently enacted; with U.S. DOT third party procurement regulations of 49 C.F.R. §§ 18.36 and other applicable Federal regulations pertaining to third party procurements and subsequent amendments thereto, to the extent those regulations are consistent with SAFETEA-LU provisions; and Article 8 of Chapter 143 of the North Carolina General Statutes. The Recipient also agrees to comply with the provisions of FTA Circular 4220.1E, "Third Parry Contracting Requirements," to the extent those provisions are consistent with SAFETEA-LU provisions and with any subsequent amendments thereto. Although the FTA "Best Practices Procurement Manual" provides additional procurement guidance, the Recipient understands that the FTA "Best Practices Procurement Manual" is focused on third party procurement processes and may omit certain Federal requirements applicable to the third party contract work to be performed. The Recipient shall establish written procurement procedures that comply with the required Federal and State standards. Page 9 of 18 b. Exclusionary or Discriminatory Specifications. Apart from inconsistent requirements imposed by Federal laws or regulations, the Recipient agrees to comply with the requirements of 49 U.S.C.§5325(h)by not using any assistance awarded by TJCOG to support a procurement using exclusionary or discriminatory specifications. c. Geographic Restrictions.The Recipient agrees that it will not use any State or local geographic preference. d. Department Pre-award Approval.The Recipient agrees to submit procurement documents to TJCOG and the TDM Oversight Committee for its review and approval prior to award of a contract/subcontract under this Agreement for any of the following: (1) Any"brand name" product or sole source purchase equal to or greater than $2,500; (2) Any contract/subcontract to other than apparent lowest bidder equal to or greater than $2,500; (3) Any procurement equal to or greater than $90,000; (4) Any contract modification that would change the scope of a contract or increase the contract amount up to or over the formal (sealed)bid threshold of$90,000. e. Project Approval/Third Party Contract Approval. The Recipient agrees that TJCOG's award assistance for the Project does not, by itself, constitute pre-approval of any noncompetitive third party contract associated with the Project. f. Preference for Recycled Products. To the extent applicable, the Recipient agrees to comply with U.S. EPA regulations,"Comprehensive Procurement Guidelines for Products Containing Recovered Materials," 40 C.F.R. Part 247, which implements Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and with subsequent Federal regulations that may be promulgated. Accordingly, the Recipient agrees to provide a competitive preference for products and services that conserve natural resources,protect the environment,and are energy efficient. g. Clean Air and Clean Water. The Recipient agrees to report the use of facilities placed on or likely to be placed on the U.S. Environmental Protection Agency (U.S. EPA) "List of Violating Facilities," to not use any violating facilities, to report violations to TJCOG and the Regional U.S. EPA Office, and to comply with the inspection and other applicable requirements of: (1) Section 306 of the Clean Air Act,as amended,42 U.S.C.§7414,and other applicable provisions of the Clean Air Act,as amended,42 U.S.C.§§7401 through 7671q;and(2) Section 508 of the Clean Water Act,as amended,33 U.S.C.§1368,and other applicable requirements of the Clean Water Act,as amended,33 U.S.C.§§ 1251 through 1377. h. National Intelligent Transportation Systems Architecture and Standards. To the extent applicable, the Recipient agrees to conform to the National Intelligent Transportation Systems (ITS)Architecture and Standards as required by SAFETEA-LU§ 5307(c), 23 U.S.C.§ 512 note, and comply with FTA Notice, "FTA National ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 et seq., January 8, 2001, and any subsequent further implementing directives. i. Competitive Proposal/Request for Proposal (RFP). The competitive proposal/ request for proposal (RFP) method of procurement is normally conducted with more than one source submitting an offer,i.e.,proposal. Either a fixed price or cost reimbursement type contract is awarded.This method of procurement is generally used when conditions are not appropriate for the use of sealed bids.The Recipient acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and exceptions are discussed below. (1) The Recipient agrees that the RFP Method may not be used in lieu of an invitation for bids (IFB) for: (a) Construction/repair work; or (b) Purchase of apparatus, supplies, materials or equipment. See Subsection 11j(2), this Agreement, regarding information technology goods as services. (2) The Recipient agrees that the RFP method of solicitation may be used (in addition to or instead of any other procedure available under North Carolina law) for the procurement of information technology goods and services [as Page 10 of 18 defined in N.C.G.S. 147-33.81(2)]. This applies to electronic data processing goods and services, telecommunications goods and services, security goods and services, microprocessors,software,information processing,office systems,any services related to the foregoing, and consulting or other services for design or redesign of information technology supporting business processes. The Recipient will comply with the following minimum requirements [N.C.G.S. 143-129.8]: (a) Notice of the request for proposals shall be given in accordance with N.C.G.S. 143-129(b). (b) Contracts shall be awarded to the person or entity that submits the best overall proposal as determined by the awarding authority. Factors to be considered in awarding contracts shall be identified in the request for proposals. (c) The Recipient may use procurement methods set forth in N.C.G.S. 143-135.9 in developing and evaluating requests for proposals. (d) The Recipient may negotiate with any proposer in order to obtain a final contract that best meets the needs of the Recipient. (e) Any negotiations shall not alter the contract beyond the scope of the original request for proposals in a manner that deprives the proposers or potential proposers of a fair opportunity to compete for the contract;and would have resulted in the award of the contract to a different person or entity if the alterations had been included in the request for proposals.(f)Proposals submitted shall not be subject to public inspection until a contract is awarded. (3) The Recipient agrees that the RFP method, in accordance with FTA Circular 4220.113, under the guidelines of FTA"Best Practices Procurement Manual," should be used for procurements of professional services, such as consultants for planning activities and for transit system operations/management. The Recipient acknowledges that certain restrictions apply under North Carolina law for use of the RFP method and these restrictions and exceptions are discussed in Subsections 11j(1) and 11j(2) of this Agreement. (4) When the RFP method is used for procurement of professional services,the Recipient agrees to abide by the following minimum requirements: (a) Normally conducted with more than one source submitting an offer (proposal); (b) Either fixed price or cost reimbursement type contract will be used; (c) Generally used when conditions are not appropriate for use of sealed bids; (d) Requests for proposals will be publicized; (e) All evaluation factors will be identified along with their relative importance; (f) Proposals will be solicited from an adequate number (3 is recommended) of qualified sources; (g) A standard method must be in place for conducting technical evaluations of the proposals received and for selecting awardees; (h) Awards will be made to the responsible firm whose proposal is most advantageous to the Recipient's program with price and other factors considered; and (i) In determining which proposal is most advantageous, the Recipient may award to the proposer whose proposal offers the greatest business value (best value) to the agency."Best value"is based on determination of which proposal offers the best tradeoff between price and performance, where quality is considered an integral performance factor. j. Award to Other than the Lowest Bidder. In accordance with State statutes, a third party contract may be awarded to other than the lowest bidder,if the award furthers an objective (such as improved long-term operating efficiency and lower long-term costs).When specified in bidding documents,factors such as discounts,transportation costs,and life cycle costs will be considered in determining which bid is lowest.Prior to the award of any contract equal to or greater than $2,500 to other than apparent lowest bidder, the Recipient shall submit its recommendation along with basis/reason for selection to the Department for pre-award approval. k. Award to Responsible Recipients. The Recipient agrees to award third party contracts only to responsible contractors who possess potential ability to successfully perform under the terms and conditions of the proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. Contracts will not be awarded to parties that are Page 11 of 18 debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities in accordance with the Federal debarment and suspension rule, 49 C.F.R. 29 (see www.sam.gov and https://www.federalregister.gov/articles/2006/10/25/06-8657/debarment-and- suspension-nonprocurement-requirements for listings). For procurements over $25,000, the Recipient shall comply, and assure the compliance of each third party contractor and subrecipient at any tier, with the debarment and suspension rule. FTA and the Department recommend that grantees use a certification form for projects over$25,000,which are funded with Federal and/or State funds. A sample certification form can be obtained from the Department. 1. Procurement Notification Requirements. With respect to any procurement for goods and services(including construction services)having an aggregate value of$500,000 or more(in Federal funds),the Recipient agrees to:(1)Specify the amount of Federal and State funds that will be used to finance the acquisition in any announcement of the contract award for such goods or services; and (2) Express the said amount as a percentage of the total costs of the planned acquisition. m. Contract Administration System. The Recipient shall maintain a contract administration system that ensures that contractors/subcontractors perform in accordance with the terms, conditions,and specifications of their contracts or purchase orders. n. Access to Third Party Contract Records.The Recipient agrees,and agrees to require its third party contractors and third party subcontractors,at as many tiers of the Project as required, to provide to TJCOG access to all third party contract records to the extent required by 49 U.S.C.§5325(g),and retain such documents for at least five(5)years after project completion. Section 12. Leases. a. Capital Leases.To the extent applicable,the Recipient agrees to comply with FTA regulations, "Capital Leases,"49 C.F.R. Part 639,and any revision thereto. b. Leases Involving Certificates of Participation.The Recipient agrees to obtain the concurrence of the TDM Oversight Committee before entering into any leasing arrangement involving the issuance of certificates of participation in connection with the acquisition of any capital asset. Section 13. Hold Harmless. Except as prohibited or otherwise limited by State law,upon request by TJCOG,the Recipient agrees to indemnify,save,and hold harmless TJCOG and its officers,agents,and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Recipient of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Project. The Recipient shall not be required to indemnify TJCOG for any such liability caused by the wrongful acts of TJCOG employees or agents. Section 14. Use of Real Property, Equipment,and Supplies. The Recipient understands and agrees that the State Government retains a State interest in any real property, equipment,and supplies financed with State assistance(Project property) until,and to the extent,that the State Government relinquishes its State interest in that Project property.With respect to any Project property financed with State assistance under this Agreement,the Recipient agrees to comply with the following provisions of this Agreement: a. Use of Project Property.The Recipient agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income, both during and after the award period and used to support public transportation activities) for the duration of the useful life of that property,as required by TJCOG.Should the Recipient Page 12 of 18 unreasonably delay or fail to use Project property during the useful life of that property,the Recipient agrees that it may be required to return the entire amount of the State assistance expended on that property.The Recipient further agrees to notify TJCOG immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Recipient has made in its Application or in the Project Description for this Agreement for the Project. b. General. The Recipient agrees to comply with the property management standards of 49 C.F.R. §§ 18.31 through 18.33,including any amendments thereto, and with other applicable Federal and State regulations and directives.Any exception to the requirements of 49 C.F.R. §§ 18.31 through 18.33 requires the express approval of TJCOG in writing. c. Records. The Recipient agrees to keep satisfactory records pertaining to the use of Project property, and submit to TJCOG upon request such information as may be required to assure compliance with this Section 14 of this Agreement. d. Encumbrance of Project Property. The Recipient agrees to maintain satisfactory continuing control of Project property as follows: (1) Written Transactions.The Recipient agrees that it will not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance,third party contract, subagreement,grant anticipation note, alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing State interest in that Project property. (2) Oral Transactions. The Recipient agrees that it will not obligate itself in any manner to any third party with respect to Project property. (3) Other Actions. The Recipient agrees that it will not take any action adversely affecting the State interest in or impair the Recipient's continuing control of the use of Project property. e. Insurance Proceeds. If the Recipient receives insurance proceeds as a result of damage or destruction to the Project property, the Recipient agrees to: (1) Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of service,or(2) Return to TJCOG an amount equal to the remaining interest in the damaged or destroyed Project property. f. Misused or Damaged Project Property. If any damage to Project property results from abuse or misuse occurring with the Recipient's knowledge and consent, the Recipient agrees to restore the Project property to its original condition or refund the value of the State interest in that property,as TJCOG may require. g. Responsibilities after Project Closeout. The Recipient agrees that Project closeout by TJCOG will not change the Recipient's Project property management responsibilities as stated in Section 14 of this Agreement, and as may be set forth in subsequent Federal and State laws, regulations,and directives. Section 15. Insurance. The Recipient shall be responsible for protecting the State financial interests in all items purchased under this Agreement throughout the useful life of the Project property. Section 16. Employee Protections. a. Activities Not Involving Construction. The Recipient agrees to comply, and assures the compliance of each third party contractor, with the employee protection requirements for nonconstruction employees of the Contract Work Hours and Safety Standards Act, as amended,40 U.S.C.§§ 3701 et seq., in particular the wage and hour requirements of Section 102 of that Act at 40 U.S.C.§3702,and with U.S.DOL regulations,"Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. Page 13 of 18 b. Activities Involving Commerce. The Recipient agrees that the provisions of the Fair Labor Standards Act,29 U.S.C.§§201 et seq.,apply to employees performing Project work involving commerce. Section 17. Reserved. Section 18. Energy Conservation. To the extent applicable,the Recipient agrees to comply with the North Carolina Energy Policy Act of 1975 (N.C.G.S. 113B)issued in accordance with the Energy Policy and Conservation Act,as amended, 42 U.S.C.§§6321 et seq. Section 19.Charter Service Operations. FTA defines charter service under(49 CFR Part 604.3 (c-h) as Transportation provided by a recipient at the request of a third party for the exclusive use of a bus or van for a negotiated price.Charter service does not include any form of demand-response transportation. The Recipient acknowledges that Federal and State rules and regulations prohibit the provision of charter service using FTA funded equipment and facilities if a registered private charter operator expresses interest in providing the service. Beginning July 30, 2008, all grantees providing charter service under the exceptions shall post the required records on the FTA charter website quarterly using TEAM within 30 days of the end of each calendar quarter. NCDOT requires that any sub-recipient wishing to provide charter service must comply with the procedures in the Final Rule on Charter Service. NCDOT must be notified via email or postal service that a request for charter service exception is being submitted to FTA, including all supporting documentation. The Recipient agrees that neither it nor any public transportation operator performing work in connection with a Project financed under 49 U.S. C. chapter 53 will engage in charter service operations, except as authorized by 49 U.S. C. 53 5323 (d) and FTA regulations, "Charter Service, "49 C.F. R. Part 604, and any subsequent Charter Service regulations or FTA directives that may be issued,except to the extent that FTA determines otherwise in writing.Any charter service agreement required by FTA regulations is incorporated by reference and made part of this Agreement for the Project. The Recipient understands and agrees that in addition to any remedy specified in the charter agreement,if a pattern of violations of that agreement is found, the violator will be barred from receiving Federal transit assistance in an amount to be determined by FTA or U.S. DOT. Section 20.School Transportation Operations. The Recipient agrees that neither it nor any public transportation operator performing work in connection with a Project financed with Federal or State funds will engage in school transportation operations for the transportation of students or school personnel exclusively in competition with private school transportation operators, except as authorized by 49 U.S.C. §§ 5323(f) or (g), as applicable, and FTA regulations, "School Bus Operations," 49 C.F.R. Part 605, and any subsequent School Transportation Operations regulations or FTA directives that may be issued. Any school transportation operations agreement required by FTA regulations is incorporated by reference and made part of this Agreement for the Project. The Recipient understands and agrees that if it or an operator violates that school transportation operations agreement the violator will be barred from receiving Federal or State transit assistance in an amount to be determined by the Department. Section 21. Metric System. As practicable and feasible, the Recipient agrees to accept products and services with dimensions expressed in the metric system of measurement. Section 22.Substance Abuse. Page 14 of 18 To the extent applicable,the Recipient agrees to comply with the following Federal substance abuse regulations: a. Drug-Free Workplace.U.S. DOT regulations, "Government wide Requirements for Drug-Free Workplace(Financial Assistance),49 C.F.R.Part 32,that implement the Drug-Free Workplace Act of 1988,41 U.S.C.§§ 701 et seq. b. Alcohol Misuse and Prohibited Drug Use.FTA regulations,"Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that implement 49 U.S.C. § 5331. Section 23.Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing Seat Belt Use in the United States,"April 16, 1997, 23 U. S. C. § 402 note, the Recipient is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned, rented, or personally operated vehicles, and to include this provision in any third party contracts, third party subcontracts,or subagreements involving the Project. Section 24. Protection of Sensitive Security Information. To the extent applicable,the Recipient agrees to comply with 49 U.S.C.§40119(b)and implementing U.S. DOT regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49 U.S.C. § 114(s) and implementing U.S. Department of Homeland Security, Transportation Security Administration regulations, "Protection of Sensitive Security Information,"49 C.F.R. Part 1520. Section 25. Disputes, Breaches,Defaults,or Other Litigation. The Recipient agrees that TJCOG has a vested interest in the settlement of any dispute, breach, default,or litigation involving the Project.Accordingly: a. Notification to TJCOG. The Recipient agrees to notify TJCOG in writing of any current or prospective major dispute, breach, default, or litigation that may affect the State Government's interests in the Project or the State Government's administration or enforcement of Federal/State laws or regulations. If the Recipient seeks to name the State Government as a party to litigation for any reason, in any forum, the Recipient agrees to inform TJCOG in writing before doing so. b. TJCOG Interest in Recovery. TJCOG retains the right to a proportionate share of proceeds derived from any third party recovery, except that the Recipient may return any liquidated damages recovered to its Project Account in lieu of returning the share to TJCOG. c. Enforcement.The Recipient agrees to pursue all legal rights provided within any third party contract. d. TJCOG Concurrence.TJCOG reserves the right to concur in any compromise or settlement of any claim involving the Project and the Recipient. e. Alternative Dispute Resolution. TJCOG encourages the Recipient to use alternative dispute resolution procedures,as may be appropriate. Section 26.Amendments/Revisions to the Project. The Recipient agrees that a change in Project circumstances causing an inconsistency with the terms of this Agreement for the Project will require an amendment or revision to this Agreement for the Project signed by the original signatories or their authorized designees or successors.The Recipient agrees that a change in the fundamental information submitted in its Application will also require an Amendment to its Application or this Agreement for the Project. The Recipient agrees that the project will not incur any costs associated with the amendment or revision before receiving notification of approval from TJCOG.The Recipient agrees that any requests for amendments Page 15 of 18 and or revisions will be submitted in accordance with the policies and procedures established by TJCOG. Section 27. Information Obtained Through Internet Links. This Agreement may include electronic links/Web site addresses to Federal/State laws,regulations, and directives as well as other information. The Department does not guarantee the accuracy of information accessed through such links.Accordingly,the Recipient agrees that information obtained through any electronic link within this Agreement does not represent an official version of a Federal/State law, regulation, or directive, and might be inaccurate. Thus, information obtained through such links is neither incorporated by reference nor made part of this Agreement.The Federal Register and the Code of Federal Regulations are the official sources for regulatory information pertaining to the Federal Government. Section 28.Severability. If any provision of this Agreement for the Project is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable Federal/State laws or regulations. Section 29.Termination of Agreement. a. TJCOG. In the event of the Recipient's noncompliance with any of the provisions of this Agreement, TJCOG may suspend or terminate the Agreement by giving the Recipient thirty (30) days advance notice.Any failure to make reasonable progress on the Project or violation of this Agreement for the Project that endangers substantial performance of the Project shall provide sufficient grounds for TJCOG to terminate the Agreement for the Project. In general, termination of State assistance for the Project will not invalidate obligations properly incurred by the Recipient before the termination date to the extent those obligations cannot be canceled. If,however,the department determines that the Recipient has willfully misused State assistance by failing to make adequate progress, failing to make reasonable and appropriate use of Project property,or failing to comply with the terms of this Agreement for the Project,TJCOG reserves the right to require the Recipient to refund the entire amount of State assistance provided for the Project or any lesser amount as TJCOG may determine. Expiration of any Project time period established for the Project does not,by itself,constitute an expiration or termination of the Agreement for the Project.The Department,before issuing notice of Agreement termination, shall allow the Recipient a reasonable opportunity to correct for noncompliance.Upon noncompliance with the nondiscrimination section(Section 8) of this Agreement or with any of the said rules,regulations or orders,this Agreement may be cancelled,terminated,or suspended in whole or in part and the Recipient may be declared ineligible for contracts in accordance with procedures authorized in Executive Orders No. 11246 and No. 11375, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order or by rule,regulation or order of the Secretary of Labor, or as otherwise provided by law. b. The Recipient. The Recipient may terminate its participation in the Project by notifying and receiving the concurrence of TJCOG thirty(30) days in advance of the termination. Section 30.Contract Administrators. All notices permitted or required to be given by one Party to the other and all questions about this Agreement from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, postal address, street address, telephone number, fax number, and email address of the Parties'respective initial Contract Administrators are set out below.Either Party may Page 16 of 18 change the name,postal address,street address,telephone number,fax number,or email address of its Contract Administrator by giving timely written notice to the other Party. Section 31. Federal Certification Regarding Lobbying. The Recipient certifies, by signing this Agreement, its compliance with Subsection 3d of this Agreement. Section 32. Federal Certification Regarding Debarment. The Recipient certifies, by signing this Agreement, its compliance with Subsection 3b of this Agreement. Section 33. Federal Certification Regarding Alcohol Misuse and Prohibited Drug Use. As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," at 49 CFR part 655,subpart I,the Recipient certifies, by signing this Agreement, that it has established and implemented an alcohol misuse and anti-drug program, and has complied with or will comply with all applicable requirements of FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,"49 CFR part 655,and Section 22 of this Agreement. Page 17 of 18 IN WITNESS WHEREOF,this Agreement has been executed by TJCOG,an agency of the State of North Carolina,and the Recipient by and through a duly authorized representative,and is effective the date and year first above written. RECIPIENT'S LEGAL NAME: 0 r-ar`q L c(7 wr% / RECIPIENT'S FEDERAL TAX ID NUMBER: S 6 ' 6000 327 RECIPIENT'S FISCAL YEAR END: J she '�0 SIGNATURE: PRINTED NAME: Bo vin l e Q H 6- er s rex TITLE: Orc 60v,,►4-y ftAa'Y1 Gt.q� NSI �f (SEAL) 17 sz ATTEST: 1 °mot # Q�Iaxa�� PRINTED NAME: TIp k y �O 2 00.r O l CDttr � 6D mr✓t 1'.V S 1'o ri'e r—S TITLE: C,e 'I'C Triangle J Council of Governments SIGNATURE: PRINTED NAME: Lee Worsley TITLE: Executive Director ATTEST:6 uzl k&-0— PRINTED NAME:Judy Weller TITLE:Finance Director Page 18 of 18 FY 18 'TRIANGLE TDM GRANT PROGRAM Grant Cover Sheet Project Title: Orange County Commuter Options (OCCO) Program Organization/ Business Name: Orange County Organization Type: Local Government Mailing Address(USPS):200 S. Cameron St. Address Line 2 (opt): P.O. Box 8181 City: Hillsborough Code: 27278 County: LO range Partners: Go Chapel Hill(Specific collaboration to reach two large Orange County facilities in Northern Chapel Hill with required Transportation Management Plans. See Proposal Narrative.) Town of Hillsborough (Much of the work of the proposed OCCO Program will be focused on outreach within Hillsborough's jurisdiction, so partnering with them will increase effectiveness.) Geographic Region: Orange County Hotspot(s): Hillsborough (Hotspot#11)' Total Project Cost: $60,211 Amount Requested:$30,105.50 Amount of Matching Funds:$30,105.50 Points of Contact: Please list all points of contact that will be involved in the grant in any capacity. This should include but may not be limited to project leaders/coordinators, signature authorities(including the signatory below), and finance points of contact. Please add more rows if needed. Name Position Title Telephone Email /Primary Role Brennan Bouma Sustainability (919)245-2626 bbouma @orangecountync.gov Coordinator Theo Letman Director, Orange (919)245-2007 tletman @orangecountync.gov Public Transportation Jeffery Thompson Director,Asset rY son ecount nc.p Management Services (919)245-2658 ethom gran ov t p °� g y g Jeffrey E.Thompson Director,Asset Management 4-19-2017 Services Name Title Date Sign ure of Authorized Representative (Signature certifies authority to represent this organization in this application. Unsigned applications cannot be accepted.) Attach this page to the front of your proposal. Triangle J Council of Governments ORANGE COUNTY NORTH April 19, 2017 Andrea Eilers Energy& Environment Program Manager Triangle 1 Council of Governments 4307 Emperor Blvd. Suite 110 Durham, NC 27703 Subject: Letter of Commitment for Orange„County Commute_Options (OCCO) Program Dear Ms.filers, This letter certifies that Orange Country has recommended a dollar-for-dollar match for eligible expenses under the FY18 TDM grant program in its proposed FY2018 budget to implement the proposed Orange County Commute Options (OCCO) Program. Commitment of these funds is contingent upon final review and approval by the Board of Orange County Commissioners, which will take place before July 2017. The total project cost for the OCCO Program is $60,211 for FY18. If Orange County is awarded grant funding and the proposed grant match is approved by the Board of Orange County Commissioners,we will provide 50%,or$30;105.50 of the total cost, and request 50%,or$30,105.50 in grant funding. If awarded, I certify that all.TDM funds will be expended solely on TDM activities as detailed in the attached work plan. I further certify that matching funds are non-federal funds. Please contact me if you have any questions. l can be reached at (919) 245-2658 or iethompson orangecountync.gov. Sincerely, Je rey E.Thompson Director Orange County Asset Management Services P.O.Box 8181*131 West Margaret Lane,3rd Floor* Hillsborough,North Carolina 27278 Telephone:919 245-2625 Fax:919-644-3001 E-mail:jethompson @orangecountync.gov I FY18 PROPOSAL NARRATIVE ,, OVERVIEWOF PROGRAM Background: Include a brief description below of the organization and program. Over the past 10 years and more, Orange County has consistently shown support for alternative commuting among Orange County's 900 staff and more than 140,000 residents to protect air quality and mitigate traffic congestion. The adoption of our"Environmental Responsibility Goal" in 2005 committed the County in part to "Implement programs that monitor and improve local and regional air quality by promoting public transportation options and incentives within the County that increase connectivity and decrease dependence on personal vehicles." This goal led to an analysis of commuter patterns and their impacts on air quality, congestion, and quality of life in the County's current 2030 Comprehensive Plan. These commitments to supporting and planning for commuter alternatives to decrease reliance on single-occupancy vehicles will help the county address congestion issues in the rapidly expanding Town of Hillsborough. According to latest Town of Hillsborough FY17 Annual Budget, as of July 2016 there were 1,270 new residential units that were approved within a town of 2,455 total housing units (Census 2011-2015 ACS 5-year Estimates). This will lead to a Figure 1:Principal Employers in Town of dramatic increase in population and therefore Hillsborough demand for transportation infrastructure and Employer Town Population Orange County Schools* 16.20% services. As the second-largest employer in Orange County Government* 15.23% Hillsborough (See Figure 1), Orange County Sports Endeavors,Inc. 5.56% is well-positioned to direct this transportation PHE 4.94% demand away from single-occupancy Wal-Mart Associates Inc 4.45% Brookshire Nursing Center 2.34% VehIC12S. Piedmont Electric 1.45% Town of Hillsborough 1.40% Builders First* 1.24% Recently, Orange County has Created Triangle Sportsplex* 0.83% initiatives to support County employees who Total 53.6x% are looking for ways to commute without Source:Town of Hillsborough FY17 Annual Budget driving alone. Following a formal petition from *Facilities all or partly owned by Orange County. the Board of Orange County Commissioners (BOCC) the County created a complete Telework program (a package of administrative rules, forms and trainings) in the Fall of 2016. This new alternative commute service for County employees was created and implemented through a collaboration between Human Resources and the County Sustainability Program. The County Sustainability Program and Human Resources have also created a customized ShareTheRideNC (STRNC) ride-matching page, and are working with Orange Public Transportation (OPT) to follow through on another BOCC petition to identify a way to provide free or subsidized bus fares for County staff. OPT Staff has reached out to GoTriangle and has identified a way forward that may involve integrating their operations into the GoTriangle family of services. With the support of FY18 Triangle Transportation Demand Management (TDM) Local Core Program funding, Orange County will be able to coordinate and expand these new commuter initiatives into a comprehensive Orange County Commuter Options (OCCO) Program. The OCCO Program will promote alternative commuting modes and schedules for employees Triangle J Council of Governments 1 t. commuting to businesses in Hillsborough and will work with all Orange County employees at more than 30 staffed facilities. Beyond the opportunity to influence FIGURE 1:CHURTON STREET ACCESS IMPROVEMENTS PROJECT OVERVIEW the travel behavior of Orange County (COURTESY OF THE TOWN OF HILLSBOROUGH employees, the proposed TDM . 4 Coordinator will have the immediate opportunity to assist in the calming of congestion created by the "Churton PaT I hanges Improve amp � Street Access Improvements Project" A. (See Figure 1). This 7-8 month access improvement and NC Department of Transportation (NCDOT) resurfacing project will begin no later than April 15, 2017 and is expected to create extensive delays r along the central boulevard of Downtown Hillsborough. Leveraging the lessons learned through the regional TDM effort supporting the Fortify construction project, the TDM C Coordinator would have a key 5'frn ed cro�s�i 1ks opportunity to direct commuters to alternative modes to avoid peak-travel r congestion. 5 r � VUider♦ed �� sidewalks Staff Members: Provide the staff members working on the project and an estimate of the percentage of each staff members time that will be spent on each major task. The OCCO initiative will be headed by the Orange County Transportation Demand Management (TDM) Coordinator, with shared oversight by Orange Public Transportation and the Orange County Sustainability Coordinator, Brennan Bouma. Orange County staff has been informed by the TDM Oversight Committee that there has been a tendency for TDM Coordinators to be pulled into transit supply tasks when they are based in transit agencies such as Orange Public Transportation. Should it receive funding, the OCCO program commits to maintaining 100% of the work of the TDM Coordinator on the demand side of transportation. Triangle J Council of Governments 2 =P° The table below provides an estimate of the percentage of the Orange County TDM ;R Coordinator's time that will be spent on each major task outlined in the FY18 Workplan Timetable. Transportation Demand Management Coordinator 1. Promotion of Quarterly Regional Campaigns 2. Promotion of Ongoing Regional and Local Programming k 25°fa 3. Marketing and Administration 25°fa 4. Public Relations 20�/o 5. Monitoring, Reporting, and Process Improvement9Q°! Identify Geographic Region/Hotspot(s): Hotspots to be served are shown on this map. As illustrated in Figure 1, Orange County is a large employer with multiple worksites, many of which are concentrated within Hillsborough (Hotspot 11) though others fall within or near other commuter hotspots in Orange County. WORK LOCATION OF ALL DAILY TRIPS TO WORK Buildings and Department Locator Map (Orange County KC Facilities Lazatur) 2 ` ,�" H Mind. Will r Hi tzts 703 iunr -Cno;,, Windy Hill Farm )el H i ii ' n ` Catve r 0 S Figure 2:Alignment of Orange County commuter hotspots and Orange County facility locations (LEFT—section of Map of Triangle Work Cluster TAZs and RIGHT—section of Orange County NC Facilities Locator map). Triangle J Council of Governments 3 u Stakeholder Support: List project partners, including departments within your organization whose staff are not funded by the grant, and their roles/contributions for your TDM program. Stakeholder Roles/Contributions: Aran e Public Transportation will be the aclmimstirative home forthe 1. Orange Public g p Transportation O6C I Program and Will prou►de guidance superuision,;irifori at(orit, arid resotrcesst o su pport its success , APT has,a lon histo of rovidrn 'reGabC transit sery - to both 9 ry p g .k urban aril rural, ©range Count and has consistently � 7 E connected rarge"Co city resi. entsarid.stafttir:he„r grortal alternative comrriute ro rams offered b `°GOYia 2. Orange County The Orange County Sistainability P4rograrri will a[so prou�tletgrrciaftce Sustainability and supervision to the'. County TD.M Coordinator helping to Program connect.thern to County staffjand"pariners`at the Town:af HiElsborough"and Go'Chapel_Hilk S- 14;inception in 2015 the S"ustainabiiity Program has beery committed to tracking"and pramottng}the use of a!Iteri�atiue commuting modes through the creation,,of the Telewo`rMt`Program,t176,0,, customized"STRNC,pager and the upcoming subsidized bus pass program Tl 'e Sustainab'ilty Coordinator hasa backgrounci m the;7'riangle TDIi��;. program through his previous work'at the Triangle J Council of Governments(TJCOG) he to°;updatelhe 7-year TDM plan and coordinabn the Best Work laces for Commuters,Pro ram 3. Orange County "With the Transportation Planner's active involvement in,,regional Planning and transportatiori�pk inig with_.the MP s ane! RPOs heishewilib abfe Inspections tQ>e?pOain the;policy context:behind the TDM Coordinator's,work aadf Department frib fify thEim of key outreach opportunities They uuill aI` citrtate the inclusion of TDM;Issuesiabfviiies on Planning Commission arinty , Commission and"MPgfRPC)agendas The Orange County Plannin A ins ections De artment has a£fon . g p P. is ofi supporting TDM in.1he 2030 Cornprehensiue Pfanand� , on 'bin ;effcrts: �� � 4. Orange County Th'e Human Resources department has beorl a key coliaborat �I " Human the oeve16pment anti admrnistratiop of fihe cai.inWS initial;TG I� Resources initiatives(telework program„STRNG, bus passes, et��, ahti , "Commuter Bdndfits”webpage is t niine resQ�i re fob County staff Human resources will coordinate with the Oranga Count�rTDlli� Goordrriator to share tie administration o£the current GiinitratAres aricf guide them!on the best ways create and implement'naws� ro rams for eixi 1b ees ,z 5. Orange County Jh, Public Relations office directs£grange esi trit is flvei�al bra rdi £ Public Relations and media relationships The�CC�Program�wili leve>bage t�i�D �®ng��, .. comm unicatroris ex erience",andµd`esi ri;.skrlls"tcx lncreasttterr , . Triangle J Council of Governments 4 capacity.and better tailor their messaging,to Orange County staff and Hillsboro hbusinesses 6. Hillsborough/ Building 'hti i with the Hrlls6©rough/,Orange`Gounty': Orange County Chmbec pf Gornmerce will:be niutiaally benefieiaf,"as tile:QCGO Chamber of Program Gan connect Hillsborough businesses to,free commuter " Commerce option$ programs and:the Chamber can help introduce the OCCO o Pro rams as a": artner,, 7. Town of Much of the work of,the proposed OCCO Program will be focused on;. Hillsborough outreach°withim Hillsborough's iurrsd coon, sa they will b. a key pariner inensuring TIM activities are appropriately coprtliriatetl anal relevant ioreas of, rate�t Sneed/opportunity The Orange County TQoorcinatorwill leverage existing relationships with the Town of 1=liflsboror h..Pla nirt De 'artment and Public Space pivision. . 8. Go Chapel Hill The Orange GpUnty rDM Goordinatorwill collaborate with the Chapel. �HiII TDM Coordi>�ator leatling the Go Chapel Hifl Program, to reach Orange CaU, ".:employees r6 the two large Qrange County facilities Wi% required Transportatiori,`Management Plans(TMPs): The Southern;Human Services Center and the,Robert&-P Seymour Senior dente€ The Orange County TDM.Coordinator will amplify the;'° messaging from Go Chapel,Hill received by these facilities adding information about the`additional commuter support available to range,Countyemployees,and ensure`that Iocaf TMP liaisons'at these faciliities"have the tools and'infiormation:tlieir role requires .This will:increase the effectiveness of the"Go Chapel Hill messaging and ", R. , allow the Chapel,Hill program to focus their ongoing efforts on other manor employers optimizing the time and resources of both a: . Coordinators The Orange County TDM Coordinator will!,also assr$t iii; organizing Chepel Hill's annual TMP Conference 9. Piedmont Shcuid the OCef3 pr©gram be frtntled, it will be the nearest neighbor, Authority for of F? RT,This proxtm"ity along with the overlap of our service areas Regional should create:goQdSoppor#ranities for parttership.and tualx Transportation assis#ante i ni,managing raps or demand (PART) F VMT Reduction: Discuss why your organization is the best Service Provider to reduce single- occupant vehicle commute trips in the hotspot of interest. Given that the main commute hotspot addressed by this application is the Town of Hillsborough, they may at first seem like a natural choice to direct TDM efforts, however there are several reasons why Orange County is the best choice. Orange County is a large multi-site employer whose primary administrative offices are located in Hillsborough. Orange County can not only impact the travel patterns of employees in the Hillsborough hotspot, but at more than 30 staffed facilities across the County. Being a large organization, Orange County also has the staff and resources to support and benefit from a TDM Coordinator's full-time effort, without asking them to take on tasks that are outside of their workplan. Furthermore, Orange County provides transit services through Orange Public Transportation which provides more than 50,000 rides per year and is expanding their fixed-route services in FY18. As previously mentioned, Orange County also has a long-standing and transparent interest in maintaining and improving air quality and Triangle J Council of Governments 5 „tea quality of life, and identified the reduction of single-occupant vehicle trips as a priority more than a decade ago. Finally, Orange County has a good working relationship with the Town of Hillsborough and can integrate their input into our TDM activities efficiently and effectively. Goals for Core Program Applicants: Discuss any goals that the organization has for the TDM Program. If the TDM Program does not have goals of its own, cite any organizational or community goals that TDM strategies in the proposed workplan could help achieve. (See Core Programs section on pg. 4 of the RFP.) The adoption of the County's "Environmental Responsibility Goal” in 2005 committed the County in part to "Implement programs that monitor and improve local and regional air quality by promoting public transportation options and incentives within the County that increase connectivity and decrease dependence on personal vehicles." This goal led to the consideration of commuter patterns and their impacts on air quality, congestion, and quality of life in the County's current 2030 Comprehensive Plan. In 2016, the Board of County Commissioners (BOCC) created a set of goals to help direct their policy decisions and the actions of County staff. In January of 2017, the BOCC re-committed themselves to these Goals, and several of them (as paraphrased below) relate to TDM: Within the Board of County Commissioners (BOCC) Goal#1 (Equitable network of services and infrastructure), the BOCC has demonstrated its,commitment to providing County residents and staff with access to reliable and low-cost transportation options for commuting to work and other purposes. The OCCO Program is designed to work with County staff and residents to promote and manage a package of cost-saving alternative commuter transportation options including bus transit, telework, carpool/vanpool, and walking/biking. As the additional transit routes proposed by Orange Public Transportation become available, this program will help advertise their availability. • Within BOCC Goal#5 (Preserve and protect the natural environment) the BOCC indicated an interest in assisting residents and businesses to prepare for the impacts of climate change. This position's central purpose is to manage and promote a suite of alternative transportation modes for Orange County, that will not only decrease the emission of greenhouse gases, but will also create a more resilient transportation system by increasing transportation options and the awareness of those options. • This position will be tied into a partnership with other existing local TDM service providers, as well as the regional TDM service providers at GoTriangle. These partnerships are a recurring area of emphasis for the County Manager and are a core priority under BOCC Goal#3 (Implement balanced planning and economic development policies). NEW Applicants Only: Describe any previous reduction efforts below by the applying organization that relate to this project. In 2015 the Sustainability Coordinator worked with the Triangle TDM program to enable the County to participate in the regional employee commuter survey. With close to 400 of 900 employees responding, the data showed both significant interest in several alternative commute options and a lack of awareness in the available programs (see Figures 2 &3). Triangle J Council of Governments 6 x 8 �z n �iJ✓'Y FIGURE 3 Q14-How likely would you be to try each of the following types of transportation for part or all of your trip to work? Gar nl I I Yan pool 234E ': I......t%31fi`� Triangle tRnsit '!!i2% s691i; DATA bus 896.3 Sul]CAV Connector bus 596256 CAT bus 4' 1% it lint bus A % C-Trarbbus W1,2% Chapel Hill Transit bus 13% 4% Ncyde 5016 AN Walk or run 396 TeBework fY.S 4A'i`* somewhat likely ldzry Likely FIGURE 4 C18-Percentage of Employees aware of Service Total Aware but AwPr�a emd tmveWd ba u not Not aware Emergenry Ride Ham Program 365 3�9§ ff895 GaTriangle Online Trip Pianrw 365 794 1996. 74% Gdrriangie.txg vaeinite 1 - . 254$ 365 896 6495 shareTheRkWIC.ridematehing 365 3y6` :4% 7546. 319-485-RIDE,(74331telephoneinfam'iation -365. 1,'96; . .�Sr}67 B3% Peal-time transiet arrival system: 365 11 1596 14% PX . GcoogleTransit 365 A46 16W R1%. G&eM Incentive Program 365 1911 B46 91% GaPass(employeryunwersltytransit;passl 365 1% 1l?9& 61% TriaogfeTransit Mobile APP 365 396 3t3t16 71!96 If Orange County were to have a TDM Coordinator dedicated to informing employees about the available TDM programs that would meet their interests, this data shows they are likely to have a significant impact, particularly in ridesharing, transit, and telework. Orange County is also participating in the 2017 regional employee commute survey, so we will have a good baseline of information-on TDM program participation, awareness, and interest to measure our future success against. Recently, Orange County has created initiatives to support County employees who are looking for ways to commute without driving alone. Following a formal petition from the Board of Orange County Commissioners (BOCC) the County created a complete Telework program (a package of administrative rules, forms and trainings) in the Fall of 2016. This new alternative commute service for County employees was created and implemented through a collaboration between Human Resources and the County Sustainability Program. Since its inception, the Orange Triangle J Council of Governments 7 County Sustainability Coordinator has delivered telework training for more than 75 County staff across 5 sessions, and will be moving the training to an online format. The County Sustainability Program and Human Resources are also working with Orange Public Transportation(OPT) to follow through on another BOCC petition to identify a way to provide free or subsidized bus fares for County staff. OPT Staff has reached out to GoTriangle and has identified a way forward that may involve integrating their operations into the GoTriangle family of services. Funding has been secured to upgrade fare-reading equipment to match that of other GoTriangle transit providers. Once complete, this should allow County staff.access to the regional GoPass program to serve as their subsidized fare card and it will also increase the convenience of non-County employees to ride Orange Public Transportation buses and connect with other regional bus routes. WORKPLAN:DETAILED TASKS&ACTIVITIES Top Tasks: Include a detailed description of each task below. Include references to the Activities from the Revised 7-Year Plan (see Attachment A) that each task helps implement. (Please use the Activity numbering from Attachment A, not the original 7-Year Plan.) The five Top Tasks below describe the categories of activities that will be completed under the OCCO Program workplan. They were created following the guidance of NCDOT and the MPO TDM program descriptions. The activities listed under each Top Task come from the 7-Year Plan Revised Table of Activities. The outputs and outcome tracking methods listed are proposed as starting points for the Orange County TDM Coordinator, though they will undoubtedly be refined in relevance and scope.during the first year of the OCCO Program. The following five top tasks for FY18 and their associated activities are each described in turn below: I. Promotion of Quarterly Regional Campaigns 2. Promotion of Ongoing Regional and Local Programming 3. Marketing and Administration 4. Public�Relations 5. Monitoring, Reporting, and Process Improvement Top Task#1: Promotion of Quarterly Regional Campaigns Description— Promotional activities in this Top Task focus on distributing materials and messaging related to the regional campaigns. This is the distribution of either pre- existing content or content that was created as part of the marketing work of Top Task #3. During the FY18 Triangle TDM Kickoff Meetings, it was decided that GoTriangle's Regional TDM team would focus their efforts on creating one marketing campaign per quarter and that the local service providers (LSPs) would focus their promotional efforts on implementing those campaigns locally. Triangle J Council of Governments 8 The OCCO Program will fully participate in these quarterly efforts to promote regional` services in a two-step process: 1.)They will participate in planning for these campaigns and coordinate messaging with regional staff the month before the campaign launches; 2.) They will implement the campaign in coordination with regional and local partners, taking advantage of existing Orange County events and other communication channels to reach large numbers of County staff and residents (e.g. —Terra Vita, Earth Evening, Orange County Expo, etc). Marketing plans for these promotional efforts will be created two months in advance of implementation as part of Top Task#3. Process improvement feedback will be provided on an ongoing basis and by request for this process under Top Task#5. Related Activities from Revised 7-Year Plan o 4.2.a Develop and implement detailed marketing plans. -The Orange County TDM Coordinator will implement marketing plans developed under Top Task#3, to promote quarterly regional campaigns through all appropriate media channels to reach employees in the Hillsborough hotspot and Orange County facilities. ■ Proposed Outputs and Outcome Tracking One detailed marketing plan will be followed per quarter following NCDOT guidelines and best practices of partners. o Outcomes of following these plans can be measured by how well the plan fit with the actual process after completion. • Meet or Call all top 5 employers as well as Durham Tech's Orange County Campus and UNC Health Care- Hillsborough Campus to promote participation in quarterly regional campaigns. o For any employer who plans to participate, they will CC or otherwise include the Orange County TDM Coordinator on their messaging for tracking purposes. Wherever possible, the Orange County TDM Coordinator will participate in- person to take pictures, collect testimonials, and distribute information and promotional items. • 4.2.f Develop and disseminate outreach materials about the success of the TDM Program -The Orange County TDM Coordinator will collect data on the importance of TDM efforts and the impacts of the Triangle TDM program in Top Task#3. They will then use that data to create and distribute persuasive and authoritative messaging about the benefits of TDM for commuters. Proposed Outputs and Outcome Tracking • Marketing materials refer to data on program importance and impact • 4.2.j Promote Regional Bike to Work Month. -The Orange County TDM Coordinator will follow marketing plans created in Top Task#3 to extend the reach of unified regional Bike to Work Month campaign, leveraging ongoing efforts by the Sustainability Program and the Planning and Inspections department to catalog, map, and improve County bicycle infrastructure. The TDM Coordinator will also organize and participate in encouragement efforts to promote,bicycling as a commute mode, including bicycle breakfasts, giveaways, and other incentives. Triangle J Council of Governments 9 ■ Proposed Outputs and Outcome Tracking • One meeting with Orange County Bicycle Safety Task Force to promote Bike to Work Month and coordinate actions. • Meet or Call all top 5 employers as well as Durham Tech's Orange County Campus and UNC Health Care - Hillsborough Campus to promote participation in Bike to Work Month. o For any employer who plans to participate, they will CC or otherwise include the Orange County TDM Coordinator on their messaging for tracking purposes. Wherever possible, the Orange County TDM Coordinator will participate in- person to take pictures, collect testimonials, and distribute information and promotional items. • Meet or Call all OCCO Program Partners to coordinate actions and communications • 1 website post with ways to participate • Participate in 3 in-person events to promote Bike to Work Month. • 4.3.c Promote TDM through social media -The Coordinator will collaborate with County Public Relations staff to post TDM messaging on County social media for all quarterly regional campaigns. ■ Proposed Outputs and Outcome Tracking • 8 Posts on Social Media, 2 per week throughout the month of each quarterly regional campaign: • 5.2.a Increase marketing, promotion, and outreach to target areas. -The Orange County TDM Coordinator will promote quarterly regional campaigns at existing events for County employees and outreach opportunities within the Hillsborough hotspot throughout the year such as the existing spring Earth Evening celebration, the summer Orange County Expo, and the late fall Employee Appreciation Lunch. ■ Proposed Outputs and Outcome Tracking • Active event participation and distribution of 50 branded promotional items or informational pieces per event. - 0 5.3.a Provide TDM information for special events. —As previously mentioned, the OCCO Program will participate in existing large events throughout the year to promote quarterly regional campaigns, but they will also provide TDM resources such as single-event ride-matching to facilitate alternative transportation to the events. To reach out to large event organizers, the Orange County TDM Coordinator will leverage the existing relationships that have been established by the Solid Waste Management Department (e.g.- Farm-to-Fork, Terra Vita, Employee Appreciation Lunch) for waste diversion activities. Given the pre- existing focus of these events on sustainable waste diversion practices, organizers should be receptive to layering in outreach on travel alternatives for the events. Proposed Outputs and Outcome Tracking • Active event participation and distribution of 50 branded promotional items or informational pieces per event. Triangle J Council of Governments 10 Meet or Call all event organizers to connect them with TDM resources to create transportation options for attendees. o For any events who use TDM services, their participation will be tracked through STRNC or through an after-event communication/survey. o 5.6.a Encourage students of driving age to use TDM services, especially during peak hours. —The Orange County TDM Coordinator will partner with administrators at Durham Tech's Orange County Campus to reach out to student commuters to publicize new and existing transit and ride-sharing options. Proposed Outputs and Outcome Tracking ■ Meetings with administrators from Durham Tech's Orange County Campus will be held before the end of Q2 to establish student outreach opportunities. ■ Targeted student messaging will be delivered for the New Year New Commute and Bike to Work Week Campaigns. Top Task#2: Promotion of Ongoing Regional and Local Programming Description— Promotional activities in this Top Task focus on distributing materials and messaging related to ongoing regional and local TDM programs that are not the focus of the quarterly campaigns. This is the distribution of either pre-existing content or content that was created as part of the marketing work of Top Task#3. During the FY18 Triangle TDM Kickoff Meetings, LSPs were encouraged to continue promoting ongoing regional TDM programming such as ShareTheRideNC and Best Workplaces for Commuters (BWC). As a critical first step in promoting the BWC program, Orange County will seek designation for itself in FY18. Similar to the work in Top Task#1, OCCO Program will customize existing regional marketing content and promote participation in these ongoing programs by Orange County staff and Hillsborough employers. Promotional activities such as distributing materials and answering questions will take place on an ongoing basis throughout the year, but to ensure that each ongoing program receives focused attention there will be an informal promotional drive for each ongoing program every other month. During these drives, the OCCO Program will focus their messaging more strongly on the highlighted program. One particular focus area will be the promotion of Telework among Orange County staff and Hillsborough businesses in Q3 and Q4, with the aid of the ongoing Orange County Telework Program and the new regional Telework Toolkit created by TJCOG. An OCCO website and social media platforms as well as marketing plans for these promotional efforts will be created or updated two months in advance of implementation as part of Top Task#3. Process improvement feedback will be provided on an ongoing basis and by request for this process under Top Task#5. Related Activities from Revised 7-Year Plan o 3.5.b Support and market ERH services to existing and prospective patron companies. -The Orange County TDM Coordinator will reach out to the major employers in Hillsborough and to Orange County staff to explain and promote the, Triangle J Council of Governments 11 use of the Emergency Ride Home program. ERH will be a priority as it addresses a primary obstacle identified by Orange County staff to commuting without their personal vehicle. Proposed Outputs and Outcome Tracking • Meet or call all top 5 employers as well as Durham Tech's Orange County Campus and UNC Health Care - Hillsborough Campus to promote participation. • 30 new users will register for ERH. o Users who register for ERH will be tracked through the STRNC administrative portal. o 4.2.a Develop and implement detailed marketing plans. -The Orange County TDM Coordinator will implement marketing plans developed under Top Task#3, to Oromote ongoing local and regional programs through all appropriate media channels to reach employees in the Hillsborough hotspot and Orange County facilities. ■ Proposed Outputs and Outcome Tracking • One detailed marketing plan will be followed per ongoing program throughout the year following NCDOT guidelines and best practices of partners. o Outcomes of following these plans can be measured by how well the plan fit with the actual process after completion. • Meet or call all top 5 employers as well as Durham Tech's Orange County Campus and UNC Health Care - Hillsborough Campus to promote participation in ongoing TDM programs. o For any employer who plans to participate, they will CC or otherwise include the Orange County TDM Coordinator on their messaging for tracking purposes. Whenever possible, the Orange County TDM Coordinator will participate in- person to take pictures, collect testimonials, and distribute information and promotional items. • 4.2.f Develop and disseminate outreach materials about the success of the TOM Program. - The Orange County TDM Coordinator will collect data on the importance of TDM efforts and the impacts of the Triangle TDM program in Top Task#3. They will then use that data to create and distribute persuasive and authoritative messaging about the benefits of TDM for commuters. ■ Proposed Outputs and Outcome Tracking • Marketing materials refer to data on program importance and impact • 4.3.c Promote TDM through social media -The Coordinator will collaborate with County Public Relations staff to post TDM messaging on County social media for all ongoing local and regional programming. ■ Proposed Outputs and Outcome Tracking • 50 Posts on Social Media, 1 per week throughout the year. Top Task#3: Marketing and Administration Triangle J Council of Governments 12 Description —The Marketing Top Task covers all activities done to establish and ' maintain new local TDM initiatives and media channels for promotional efforts, as well as ` . the generation of new content for delivery through those channels. Following the interest of Orange County staff as documented in the 2015 Regional Commute Survey, the TDM Coordinator will assist with marketing the new fixed route transit service offered by Orange Public Transportation and provide additional staff support to establish and market the subsidized bus pass program. Marketing materials will also be created to publicize PART and GoTriangle routes connecting to Hillsborough employers and Orange County worksites such as the Orange-Durham Express and 420 routes. This task also includes marketing and administrative activities for the Orange County Telework program including supporting the online Telework training and clarifying the registration process. The other focus of TDM program interest for County staff in the 2015 survey results was STRNC ride-matching. This will be covered by the promotion of ongoing regional services in Top Task#2. Marketing plans will be created under this Top Task to guide the promotion of each quarterly regional campaign in Top Task#1. The Orange County TDM Coordinator will work closely with regional marketing staff at GoTriangle to leverage the materials and design templates they've generated to increase the efficiency and effectiveness of their efforts. They will also lean on the experience of other local service providers as they share best practices in monthly GoPartner meetings, to optimize marketing efforts with the most effective media and messaging. Related Activities from Revised 7-Year Plan o 3.5.b Support and market ERH services to existing and prospective patron companies. -The Orange County TDM Coordinator will create or customize materials for the major employers in Hillsborough and to Orange County staff to explain and promote the use of the Emergency Ride Home program. ERH will be a priority as it addresses a primary obstacle identified by Orange County staff to commuting without their personal vehicle. ■ Proposed Outputs and Outcome Tracking • ERH information posted on website in Q1 • ERH materials to hand out created or customized by end of Q2 o 4.2.a Develop and implement detailed marketing plans. -The Orange County TDM Coordinator will create marketing plans with tracking metrics for each major regional and local campaign. The Orange County TDM Coordinator will then create any necessary content and media channels to extend the reach of unified regional campaigns to the Hillsborough hotspot and Orange County facilities. ■ Proposed Outputs and Outcome Tracking • One detailed marketing plan will be created per quarter following NCDOT guidelines and best practices of partners. o Outcomes of following these plans can be measured by how well the plan fit with the actual process after completion. Triangle J Council of Governments 13 o 4.2.d Develop marketing campaigns that increase public awareness of TDM programs and their benefits. -The Orange County TDM Coordinator will create marketing materials and content to use in all promotional activities in Top Taskq #1 and#2. They will work in collaboration with GoTriangle leverage the experience of other TDM Coordinators to customize and amplify existing marketing campaigns for Hillsborough employers and Orange County employees. In the creation of materials specific to Durham Tech's Orange County Campus and UNC Health Care - Hillsborough Campus The TDM coordinator will coordinate messaging with the TDM Coordinators for Wake Technical Community College and for UNC-Chapel Hill. The TDM Coordinator will assist with marketing the new fixed route transit service offered by Orange Public Transportation and provide additional staff support to establish and market the subsidized bus pass program. This task also includes marketing and administrative activities for the Orange County Telework program including supporting the online Telework training and clarifying the registration process. ■ Proposed Outputs and Outcome Tracking ■ Information on new routes will be delivered to 10 employers and all County departments by end of Q2. • Ridership will increase rapidly on new routes, reaching a steady- state by Q2. ■ Ridership will increase 5% from baseline on existing routes o 4.2.f Develop and disseminate outreach materials about the success of the TDM Program. - The Orange County TDM Coordinator will collect data on the importance of TDM efforts and the impacts of the Triangle TDM program in Orange County. They will then use that data to create and distribute persuasive and authoritative messaging about the benefits of TDM for commuters. Proposed Outputs and Outcome Tracking ■ In Q1 a marketing piece will be created and delivered to the Board of Orange County Commissioners and all project stakeholders on the importance of TDM and the past impacts of the Triangle TDM program. ■ Other marketing materials refer to data on program importance and impact o 4.2.j Promote Regional Bike to Work Month. -The Orange County TDM Coordinator will create marketing plans to extend the reach of unified regional Bike to Work Month campaign, leveraging ongoing efforts by the Sustainability Program and the Planning and Inspections department to catalog, map, and improve County bicycle infrastructure. The TDM Coordinator will customize regional bicycle commute marketing materials, and create their own as necessary. ■ Proposed Outputs and Outcome Tracking ■ Materials will be created or customized to support this effort o 4.3.b Seek placements in traditional media (TV, print, radio) for current events and/or feature stories. - The Orange County TDM Coordinator will collaborate with County Public Relations staff to seek appropriate placements in local news media such as the News of Orange, Chapel Hill News, and the Triangle Business Journal. (as these media outlets serve the targeted areas of Triangle J Council of Governments 14 Hillsborough and Orange County, this task also relates to 5.2.a Increase , marketing, promotion, and outreach to target areas.) ■ Proposed Outputs and Outcome Tracking • Advertising contract in place by end of Q2. • 20 free or paid media placements throughout the year. • 4.3.c Promote TDM through social media -The Coordinator will collaborate with County Public Relations staff to create TDM messaging content for County social media for all promotions, and to establish new accounts as appropriate. ■ Proposed Outputs and Outcome Tracking • Content will be created for promotion through social media • 2 social media platforms will be created and regularly updated • 4.4.a Develop regional commute tracking and rewards program. -The Orange County TDM Coordinator will promote the use of the County's existing customized ShareTheRideNC page and its embedded commuter log and GoPerks rewards system to track and reward the actions of TDM program participants. ■ Proposed Outputs and Outcome Tracking • 50 new registrants on STRNC • 4.5.c Develop and customize outreach materials for government decision makers. -The Orange County TDM Coordinator will develop outreach materials and presentations tailored to the Board of Orange County Commissioners (BOCC), and will deliver them as part of their Public Relations work under Top Task#4. They will leverage existing opportunities to interact with the Board, such as the annual Orange County Sustainability and Environmental Responsibility Goal update. ■ Proposed Outputs and Outcome Tracking • 4 TDM presentations or information items created and delivered to elected officials. • 4.5.d Develop and customize outreach materials for business decision makers. -The Orange County TDM Coordinator will develop outreach materials and presentations tailored to the Hillsborough business community, and will deliver them as part of their Public Relations work under Top Task#4. They will leverage existing opportunities to interact with these businesses, such as the regular events run by the Hillsborough/ Orange County Chamber of Commerce. ■ Proposed Outputs and Outcome Tracking • Customized content will be created for each of the top 5 employers as well as Durham Tech's Orange County Campus and UNC Health Care- Hillsborough Campus. • 5.2.a Increase marketing, promotion, and outreach to target areas. -The Coordinator will use data from Orange County's 2015 and 2017 regional Commuter Surveys to create campaigns targeted towards the stated commuter patterns and interests of Orange County employees. ■ Proposed Outputs and Outcome Tracking • Data from the user surveys will be posted on the County TDM - website and referenced in marketing materials to show relevance to Orange County staff. Triangle J Council of Governments 15 • Input from Chamber of Commerce will be followed to customize targeted materials and information for their members. 5.6.a Encourage students of driving age to use TDM services, especially during peak hours. —The Orange County TDM Coordinator will coordinate messaging with TDM Coordinators at UNC-Chapel Hill and Wake Tech to reach out to student commuters to publicize new and existing transit and ride-sharing options. Proposed Outputs and Outcome Tracking • Targeted student messaging will be created for the New Year New Commute and Bike to Work Week Campaigns. Top Task#4: Public Relations Description— In contrast to the more office-based and technical marketing work of Top Task#3, the Public Relations Top Task deals with creating and maintaining relationships with partners and with program visibility in the transportation planning process. Collaboration will be an ongoing focus of the Orange County TDM Coordinator, as maintaining a network of connections to support ongoing and quarterly TDM program initiatives is crucial for their success. In the summer of 2017, The Orange County TDM Coordinator will collaborate with regional staff and LSPs to determine the most effective routes for engagement with partners, elected officials, and transportation planning entities. They will also set up meetings with all OCCO Program stakeholders, including the Orange County Planning & Inspections Department, Orange County Human Resources, Orange County Public Relations, the Hillsborough /Orange County Chamber of Commerce, the Town of Hillsborough, Piedmont Authority for Regional Transportation (PART) and Go Chapel Hill. One topic that will underscore the need for this coordination is the "Churton Street Access Improvements Project" which should be in full swing before July and run at least 4 months into the new fiscal year. Space in the right of way to allow for two-way traffic should be maintained throughout the project, but traffic is still likely to be slow and accumulate quickly in this main thoroughfare given the limited options for commuters crossing the Eno River. The OCCO Program will immediately be able to provide additional communications support promoting alternative modes for impacted commuters with the aim of alleviating congestion. They will also be able to use the lessons learned by regional TDM staff who promoted alternative modes during the Fortify Project. Also, should the OCCO program be funded, it will be the nearest neighbor of PART. This proximity along with the overlap of our service areas should create good opportunities for partnership and mutual assistance in managing transportation demand. Currently, PART's Route 4, the Alamance Burlington Express, passes within less than a mile of a park and ride at Durham Tech's Orange County Campus which is across the street from UNC Health Care's Hillsborough Campus. The TDM Coordinator will explore this and other opportunities to integrate transit systems to increase options for Orange County commuters. Triangle J Council of Governments 16 Related Activities from Revised 7-Year Plan • .4.2.f Develop and disseminate outreach materials about the success of the TDM program. - The Orange County TDM Coordinator will collect data on the importance of TDM efforts and the impacts of the Triangle TDM program in Top Task#3. They will then use that data to highlight the importance of TDM for partners, elected officials and transportation planning entities. ■ Proposed Outputs and Outcome Tracking • 4 meetings with transportation planning entities • 4.5.c Develop and customize outreach materials for government decision makers. -The Orange County TDM Coordinator will develop outreach materials and presentations tailored to the Board of Orange County Commissioners (BOCC) under Top Task#3 and will deliver them as part of their Public Relations work. They will leverage existing opportunities to interact with the Board, such as the annual Orange County Sustainability and Environmental Responsibility Goal update. Specifically for Q1, the Coordinator will focus on publicizing alternatives to driving alone during the extensive construction project along the main thoroughfare in downtown Hillsborough, Churton Street (NC 86). The Orange County TDM Coordinator will also serve as an ongoing point of contact and source of commuter information for the BOCC and any other Orange County local government official. ■ Proposed Outputs and Outcome Tracking • 4 meetings with elected officials ■ Close collaboration with Town of Hillsborough project managers on Churton Street construction project. o Weekly communications to commuters and local businesses impacted by construction o 4.5.d Develop and customize outreach materials for business decision makers. —The Orange County TDM Coordinator will establish relationships with the Hillsborough /Orange County Chamber of Commerce and other partners and leverage their knowledge and established business connections to create useful and relevant TDM materials for the local business community. They will use outreach materials and presentations tailored to the Hillsborough business community under Task#3. ■ Proposed Outputs and Outcome Tracking ■ Regular meetings established with Chamber of Commerce by end - of Q3. ■ Meetings with all top 5 businesses as well as Durham Tech's Orange County Campus and UNC Health Care- Hillsborough Campus o 5.2.c Conduct individualized employer outreach to targeted employers. - The Orange County TDM Coordinator will establish a list of the top five employers in Hillsborough and will establish relationships with them that will allow for direct or indirect communication with their employees. With this input, outreach will be targeted for the needs and opportunities of those employees in collaboration with local partners. Triangle J Council of Governments 17 ■ Proposed Outputs and Outcome Tracking • Meetings with all top 5 businesses as well as Durham Tech's Orange County Campus and UNC Health Care - Hillsborough Campus. • Meetings or calls with all top 10 businesses o 5.6.a Ensure students are aware of and encouraged to use TDM services during peak hours. -The Orange County TDM Coordinator will establish contact with the Durham Tech Orange County Campus in Hillsborough to reach out to students to inform and encourage the use of alternative commute modes. ■ Proposed Outputs and Outcome Tracking • Outreach to Durham Tech quarterly to update their information on TDM services for their students and track participation. Top Task#5: Monitoring, Reporting, and Process Improvement Description—The Orange County TDM Coordinator will evaluate the effectiveness of their output and track all measurable outcomes of their activities. Given the critical role of tracking and reporting program performance to justify the OCCO Program as well as the Triangle TDM Program overall, the Orange County TDM Coordinator will make this a Top Task. They will also take time to participate in making improvements to regional TDM services, and critically assess their own programs, using the data they collect to make process improvements. At the end of each quarter, the Orange County TDM Coordinator will submit a quarterly report, which should include tracking data on program participation and the estimated impact of marketing and promotional campaigns within that quarter. Tracking measurable indicators of TDM program success will improve future campaigns and programs. The Orange County Commuter Benefits Webpage and STRNC for example have easily trackable data, which could give further insight into the interests of Orange County employers and employees. The quarterly reports are also a way of furthering the OCCO Program's priority to provide feedback to GoTriangle to improve processes. Related Activities from Revised 7-Year Plan o All activities have a measurable component and will be tracked and reported on to measure program performance and achieve process improvement. 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OOb O 0 C� v O p 0 N O p � x a N o a on V a G p W ° �3 u o d o x w ax a a x H -bb w P4 � U °u OD m 0 W v U b 0 �1 u t+ w to w : �3U o Au ° U w °b v p o oa F > cs, U C O a a L6 a � � � FY18 Transportation Demand Management Program Grant Application Project Nbr:' PROPOSED PROJECT BUDGET ADMINISTRATIVE EXPENSES(Dept.4521 Applicant w g COUn y, M a wlt•ti a✓ Object Code Title G120 - Salaries and Wages AN G121 Full-time employees ,#,.A$38051! G122 Overtime $0 G125 Part-time (receives benefits) 4*it ,,. $0 G126 Temporary and part-time(receives no benefits) $0 G127 Longevity $0 Subtotal Salaries: $38j05x1 G18b - Fringe Benefits G181 Social security contribution (7.65% of total salaries) $2911. Retirement contribution; total salaries X participating percentage G182 —*1 38,051 X 1 7,500% $2j054` Hospitalization insurance; ins. cost/month X the no. of FTE G183 —►729 X 1.00 $81xT�48 Disability insurance; cost/month X the no. of employees. G184 —► X T-0-01 -0 G185 Unemployment compensation G186 Workers compensation G189 Other: `Dental Insurance($337), Life Insurance($105), Employer 4 $1,157 Subtotal Fringe: dWM$C5T6.70 TOTAL SALARY& FRINGE: G190 - Professional Services G199 Other: !N/A $0 G200 - Supplies and Materials G261 Office supplies and materials $100 G291 Computer supplies G300 - Travel and Transportation (other than employee development) G311 Travel: Anticipated trips: "ACT Conference($2,575), local travel to $3,075 regional TDM meetings and events G312 Travel subsistence $0 G314 Vehicle rental(does not include vehicles for providing contracted services) $0 G320 - Communications G321 Telephone service (includes mo.phone,modem,fax and cellular service) $840 G322 Internet Service Provider Fee-Name: $p G325 Postage $0 G329 Other: No G340 - Printing and Binding G341 Printing and reproduction G349 Other: $0 G370 Advertising/Promotion Administrative Budget Page 3 Project Nbr:1 PROPOSED PROJECT BUDGET ADMINISTRATIVE EXPENSES IDept.4521 Applicant ; Object Code Title G371 Marketing (paid ads, marketing firm, etc.) $1,000 G372 Promotional Items $240 Describe- Orange County branded giveaways G373 Other: Signs for tabling events $260 G380 - Computer Support Services(contracted) G381 Computer programming services $0 G382 Computer support/technical assistance $0 G390 - Other Services G399 Other: $0 G430 - Lease of Equipment G431 Lease of Reproduction equipment $0 G432 Lease of Postage Meter $0 G433 Lease of Communications equipment(includes radio,cable lines and $0 antennae) G439 Other: $0 G440 - Service and Maintenance Contracts G443 Reproduction equipment $0 G449 Other: 30183.5 $0 G480 - Indirect Costs Central services: (CTP2010 budget direct cost base)X(percentage rate) G481 0 X Maximum Eligible $0 $0 Prior approval of Indirect Cost Percentage Rate required. Please submit indirect agreement with application. G490 - Other Fixed Charges G491 Dues and subscriptions $575 Describe: 'Association for Commuter Alternatives(ACT) membership TOTAL SALARIES& FRINGES: " TOTAL OTHER ADMINISTRATIVE EXPENSES: !D TOTAL ALL ADMINISTRATIVE EXPENSES: Administrative Budget Page 4