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Home My WebLink About2013-434 Planning - Town of Hillsborough for the circulator transit service ,2U l - Z1,5 I Al MEMORANDUM OF AGREEMENT for J- f HILLSBOROUGH CIRCULATOR TRANSIT ROUTE BETWEEN ORANGE COUNY,NORTH CAROLINA, AND THE TOWN OF HILLSBOROUGH,NORTH CAROLINA This Memorandum of Agreement is entered into this qiA day of Sep 2013, by and between Orange County (County) and the Town of Hillsborough (Town), North Carolina (referred to collectively as the"Parties"). WHEREAS, the County and the Town are public entities of North Carolina and are eligible to enter into a binding contractual relationship with one another; and WHEREAS, the parties have previously entered into a Memorandum of Agreement dated April 5, 2011, concerning the operation, management and funding of the transit services which are the subject of this Agreement; and WHEREAS, the parties desire to enter into this Memorandum of Agreement (hereinafter referred to as Memorandum) in order to establish the mutually agreed upon conditions upon which the County will provide certain transit services for the Town; and WHEREAS, Orange Public Transportation (OPT) is a public transportation system operated by Orange County Government in Orange County,North Carolina; and WHEREAS, OPT and the Town developed a Hillsborough Circulator route, and OPT is currently providing this service; and WHEREAS, the Town wishes to continue to provide public transportation services through the Hillsborough Circulator route in and around the Hillsborough town limits. NOW, THEREFORE, the following Memorandum of Agreement is hereby entered into by the County and the Town. FUNDING The route is currently funded by a Congestion Mitigation and Air Quality (hereinafter CMAQ) grant jointly administered by the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA). CMAQ grants for transit operating assistance provide 80% of a project's funding and require a local match of 20%. When the Hillsborough Circulator route was initiated, the duration of a transit operating assistance project's eligibility for a CMAQ grant was three (3) years; however, new interim guidance released by the FHWA in its interpretation of the Moving Ahead for Progress in the 21St Century (MAP-21) Federal surface transportation authorization allows active CMAQ grants that had not fully exhausted their three (3)-year eligibility as of September 30, 2012, to be extended for a duration not to exceed five (5) years. The North Carolina Department of Transportation has provided and continues to provide the required 20% local match for the first $198,000 in costs incurred for the project. After the first $198,000 is expended, the Town's previous and current contributions to the County will provide the required 20% local match to continue to support the project through the life of the CMAQ grant's two (2)- year extension. The continuation of the Hillsborough Circulator transit service after the total five-year term of the CMAQ grant is contingent upon available new funding source(s). CERTIFICATIONS AND ASSURANCES OPT has provided the North Carolina Department of Transportation with certain Annual Certifications and Assurances as set forth on that certain document entitled "FEDERAL AND STATE CERTIFICATIONS AND ASSURANCES FOR COMMUNITY TRANSPORTATION PROGRAMS." SERVICE GOVERNANCE OPT will continue to operate the service and perform other responsibilities as outlined by this Memorandum. However, in the future, the governance of new transit services might be affected by the recommendations of an ongoing OPT — Chapel Hill Transit Consolidation Study. Any governance changes shall be discussed with the Town of Hillsborough prior to implementation. ORANGE COUNTY RESPONSIBILITIES Orange County shall: • Provide public transportation services to the Town of Hillsborough following the attached route design. • Provide services on an eight-hour schedule per day, Monday through Friday. • Provide back-up drivers in case the assigned driver is not available. • Determine if services should be suspended/limited due to inclement weather. • Coordinate vehicle maintenance with Orange County Motor Pool to ensure vehicles are in safe operating order. • Review the public route design and bus stops to ensure efficiencies and provide any relevant information to the Town of Hillsborough. • Discuss the specific situation, and present evidence of cause, with the Town of Hillsborough staff prior to modification or termination of services. • Administer the CMAQ grant and provide required reports to the North Carolina Department of Transportation, Federal Highway Administration and/or Federal Transit Administration. • Provide and maintain adequate insurance coverage. All such insurances shall meet all laws of the State of North Carolina. • Provide any information, data, documents, studies or reports given to or prepared or assembled under this Memorandum to North Carolina Department of Transportation and the Town of Hillsborough. Orange County acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information, OPT will safeguard and not further disclose the information except as otherwise provided in this Memorandum. • Continue to provide a service invoice to the Town of Hillsborough on a quarterly basis. • Maintain existing bus stop signage at route-designated bus stops. THE TOWN OF HILLSBOROUGH RESPONSIBILITES The Town of Hillsborough shall: • Provide the remaining required local match for operating the route under the CMAQ grant extension not to exceed a total of$69,000 for the Town's overall contribution. • Provide payment on a quarterly basis, within 30 days of receipt of an invoice from the County, throughout FY 2014 (July 1, 2013 — June 30, 2014) for the remaining local match contribution up to a maximum total contribution amount of$69,000. • Keep bus stops and surrounding pedestrian amenities in the Town limits cleared of snow during winter months. • Ensure bus stop locations in the Town limits are compliant with North Carolina Department of Transportation's specifications and with all Americans with Disabilities Act regulations. • Alert OPT of potential road closures or other obstructions that might affect transit service. • Work with Orange County on developing route performance tracking and reporting mechanism. r MEMORANDUM OF AGREEMENT TERMS AND CONDITIONS The parties to this Memorandum agree that this Memorandum shall be effective from I u/of/ 3 to I( /157 I* unless terminated earlier by either party. This Memorandum shall be reviewed at least annually prior to March 1St and may be terminated by either party upon 90 days of written notice. The Memorandum contains the entire understanding of the parties and shall not be altered, amended or modified, except in writing executed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum to be signed by its Department Directors. FOR AND ON BEHALF OF: FOR.AND ON BEHALF OF: 70) E O TY TOWN O IL BOROUGH N.C. L C unty n g Tow G ger 7 Date Date' This Memorandum has been approved as to form and legal sufficiency. 1G1 - 13 - C ty Attorney's Office Date r This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. A , (Y(4""W )), �( 1 V 1.� Orange County Financial Director This Memorandum has been approved as to form and legal sufficiency. ar Town Attorney's O M ce Date This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. AA__,d,A I /1�"-(,AR&I Hillsborough inancial Direc r