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HomeMy WebLinkAbout2019-306 OPT - Triangle J grant for TDM Coordinator THIS AGREEMENT made this the day of June 14, 2019 , ( 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 $ 64, 871 . 58 as set forth in the Project Description and Budget, incorporated into this Agreement as Attachment A. This includes $ 64, 871 . 58 for local activities ( 50 % or $ 32 ,435 . 79 in grant funding, and 50 % or $ 32 , 435 . 79 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. 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 , 2019 TO JUNE 30 , 2020 , 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 C . F . R. Part 18 at http : ,[lwww. access . gpo . gov/nara /cfr / cfr- table - search . html # page1v ( 2 ) Title 19A North Carolina Administrative Code ( N. C .A . C .) Subchapter 5B at http : ./ .Ireports . oah . state . nc . us .Incac . asp . Page 1 of 18 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 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 . Page 2 of 18 b 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 (httpm // 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 activities designed to influence Congress or a State legislature with respect to legislation or appropriations, except through proper, official channels . Page 3 of 18 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 : Cl ) 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 S3 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. Expenditures submitted Ior 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 SO % . 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. 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 Page 4 of 18 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 : ./.Iwww. gsa . gov/perdiem) . Section S . 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 . Page 5 of 18 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 ; ( S ) Incurred and be for work performed within the period of performance of this Agreements 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 ( S ) 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 transporati 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 auditthe books , records , and accounts of the Recipient pertainingto 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 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 Page 6of18 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 . 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, Page 7of18 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 Disabilityby 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 ) ions, " Transportation for Elderly and Handicapped Persons , " 49 C . F . R. Part 609 ; FTA regulat 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 . § 2000d4 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 . 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 Page 8of18 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 4S0 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 S3 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 Party 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 . 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 . § S32S (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 " Page 9 of 18 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, protectthe 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. 14SS 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 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 . 143429 . 81 : ( 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 Page 10 of 18 Recipient may use procurement methods set forth in N . C . G . S . 143435 . 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 . 1E , 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 110 ) 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 awardeess (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 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 Page 11 of 18 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 . in . 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 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 Page 12 of 18 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 cosh 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 1S . 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 S . 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 . Page 13 of 18 To the extent applicable, the Recipient agrees to comply with the North Carolina Energy Policy Act of 197S ( N . C . G . S . 113B ) issued in accordance with the Energy Policy and Conservation Act, as amended, 42 U . S . C . § § 6321 et seq . S ( tion 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 S3 will engage in charter service operations, except as authorized by 49 U . S . C . S3 S323 ( 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 . ither it nor any public transportation operator performing work in The Recipient agrees that ne 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 . 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 . Page 14 of 18 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 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 Page 15 of 18 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 . 1137S , 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 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. Page 16 of 18 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 : orange County RECIPIENT ' S FEDERAL TAX ID NUMBER: 56 -600327 RECIPIENT ' S FISCAL YEAR END : June 30 , 2020 SIGNATURE : - PRINTED NAME : Bonnie B . Hammersley -- TITLE : County Manager (SEAL) ,rrt� as4 ATTEST : PRINTED NAME : A { 1 TITLE : Triangle j Council of Governments SIGNATURE : PRINTED NAME : Lee Worsley TITLE : Executive Director ATTEST : PRINTED NAME : Judy Weller TITLE : Finance Director Page 18 of 18 TRIANGLE J COUNCIL OF GOVERNMENTS World Class .Region April 10, 2019 Mr. Theo Letman Orange County Public Transportation 132 West Margaret Lane, PO Box 8181 Hillsborough, NC 27278 RE : FY19-2020 Orange County Transportation Demand Management (TDM) Grant Award Dear Mr. Letman, The North Carolina Department of Transportation, Durham -Chapel Hill -Carrboro Metropolitan Planning Organization, and Triangle J Council of Governments have approved a total budget in the amount of $64,872 for Orange County's Transportation Demand Management {TDM ) program activities. A contract for the project agreement between Orange County and Triangle J Council of Governments as well as the approved project budget' has been sent via email . Once you have determined that the contract Is acceptable, please sign and mail two copies to Jenny Halsey, TJCOG, 4307 Emperor Blvd., Suite 110, Durham, NC 27703 . We will execute them and mail one back to you . Agreements must be fully executed prior to expenditure of funds. We encourage everyone involved In the program to familiarize themselves with the agreement's terms and conditions. Your Invoice and quarterly report templates will be sent via email in June. The funding amount, period of performance, reimbursement percentage, and contract number are as follows : Period of Performance : July 1, 2019 — June 30, 2b20 Contract Number: TDMOC20 Total Budget : $64,872 Reimbursement Percentage : 50% Grant : $32,436 Local Match : $32,436 Please contact Andrea Ellers at aellersildcoasoM, or 919=558=2705 if you have any questions regarding financial management of this project. Sincerely, ee Worstey ore Executive Director Triangle J Council of Governments 1 Please note that any minor discrepancies between the funds listed In your budget, award letter, and contract are due to rounding. Refer to this award letter for the accurate breakdown of the total budget, local match, and grant reimbursement amounts. WW. 1cog. org 919.549 .0551 4307 Emperor Boulevard, Suite 110, Durham, NC 27703 Fax: 919.549.9390 FY20 PROPOSAL NARRATIVE Please format your application following the outline below. The elements listed under each item are REQUIRED, OVERVIEW OF PROGRAM Background : Include a brief description below of the organization and program . Starting in November of 2017 , The Orange County Commuter Options ( OCCO ) Program was launched as the point of contact for county staff and local businesses who want to use alternative commuting methods . The OCCO Program connects Hillsborough commuters and Orange County staff to resources and best practices from across the Triangle to make sure that each person has the most convenient and well - informed options possible . This includes providing information on transit routes , and new routes to come from Orange County Public Transportation ( OCPT ) and GoTriangle . The OCCO Program also promotes ShareTheRideNC ( STRNC ) to help establish vanpools and carpools , and works with the Human Resources department to offer flex or compressed schedules to those employers who qualify . OCCO will continue to promote the Telework program and provide training for approved applicants . As a final example , the OCCO Program works with the local Bicycle Safety Task Force to develop and promote biking and walking options . Orange County ' s support for TDM programming precedes the creation of the OCCO program and has enabled the new program to come up to speed quickly . With the adoption of the " 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 . " Additionally , the County created a complete Telework program ( a package of administrative rules , forms , and trainings ) in the Fall of 2016 . This alternative commute service for County employees was created and implemented through collaboration between Human Resources and the County Sustainability Program . Staff Members : Provide the staff members working on the project and an estimate of the percentage of each staff member's time that will be spent on each major task. The OCCO Program is headed by the Orange County Transportation Demand Management ( TDM ) Coordinator, Allyson Coltrane with shared oversight by the Orange County Sustainability Coordinator , Brennan Bouma , and Orange County Public Transportation ' s Transit Director, Theo Letman . Identify Geographic Region / Hotspot( s ) : As illustrated in Figures 1 and 2 , Orange County is one of a few large employers with multiple worksites , many of which are concentrated within Hillsborough ( Hotspot 11 , in Figure 2 ) though others fall within or near other commuter hotspots in Orange County . The OCCO program works with all employers in Hotspot 11 and with all Orange County staff throughout the County . Figure 1 : Principal Employers in Town of Hillsborough Employer Town Population Orange County Schools * 20 . 59 % Orange County Government * 17 . 38 % UNC Hospitals 8 . 40 % Sports Endeavors, Inc . 6 . 48 % Triangle Council of Governments P H E 4 . 44 Wal - Mart Associates Inc . 4 . 40% Summit Consulting — 3 . 37 % Engineering Brookshire Nursing Center 2 . 17 % KAH Care LLC 1 . 84 % The Home Depot 1 . 62 % Tota 1 70 . 69 % Source : Town of Hillsborough FY19 Annual Budget * Facilities all or partly owned by Orange County . Figure 1 : Principal Employers in Town of Hillsborough . Excerpt from Town of Hillsborough FY19 Annual Budget WORK LOCATION OF ALL DAILY TRIPS TO WORK BUildin l5 and Department Locator Map ( G; rar e t= t t ; h,:I= Fa � ilikies L � �atar; In H ' au Willov. -,crr Eno - `Z 1 Windy a Hill Fare, F � r�E,l 475 i 3I H � II 2u EI 4o .1ood _ 54 48 55 yIL Q1 soy Dalva $ y 43 t *r14 45 ' y iII u _ .. n . _ _ .. 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) . 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 : 1 . Orange County Orange County Public Transportation is the administrative home for the Public OCCO Program and provides guidance , supervision , information , and Transportation resources to support its success . OCPT has a long history of providing reliable transit service to both urban and rural areas of Orange County and has consistently connected Orange County residents and staff to the regional alternative commute programs offered by GoTrian le . 2 . Orange County The Orange County Sustainability Program provides guidance and Sustainability supervision to the Orange County TDM Coordinator helping to connect Program them to County staff and partners at the Town of Hillsborough , Carrboro Triangle Council of Governments 2 and Chapel Hill . 3 . Orange County With the Transportation Planner' s active involvement in regional Planning and transportation planning with the MPOs and RPOs he/she is able to explain Inspections the policy context behind the TDM Coordinator' s work and connects them Department with key outreach opportunities . They also facilitate the inclusion of TDM issues/activities on Planning Commission , County Commission , and MPO/ RPO agendas . The Orange County Planning & Inspections Department has a long history of supporting TDM in the 2030 Comprehensive Plan and ongoing efforts . 4 . Orange County The Human Resources Department has been a key collaborator in the Human Resources development and administration of the County ' s initial TDM initiatives ( telework program , STRNC , subsidized bus passes , etc . ) , and their " Commuter Benefits " webpage is an internal companion resource for County staff beyond the public -facing OCCO program webpage . Human Resources and the Orange County TDM Coordinator coordinate their efforts with to share the administration of the current TDM initiatives employees , 5 . Orange County The Public Relations office directs Orange County ' s overall branding and Public Relations media relationships . The OCCO Program will continue to leverage their communications experience and design skills to better tailor their messaging to Orange County staff and Hillsborough businesses . 6 . Hillsborough / Building a relationship with the Hillsborough / Orange County Chamber of Orange County Commerce has been mutually beneficial , as the OCCO Program can Chamber of connect Hillsborough businesses to free commuter options programs and Commerce the Chamber can help introduce the OCCO Program as a partner . 7 . Town of Much of the work of the proposed OCCO Program is focused on outreach Hillsborough within Hillsborough ' s jurisdiction , so the Town is a key partner in ensuring TDM activities are appropriately coordinated and relevant to areas of greatest need /opportunity . The Orange County TDM Coordinator leverages existing relationships with the Town of Hillsborough Planning Department and Public Space Division . 8 . Neighboring TDM Orange County TDM will coordinate with GO Chapel Hill , the Commuter Service Providers Alternative Program ( CAP ) at UNC Chapel Hill and Central Durham ' s TDM service provider. 9 . Piedmont Authority Commuters coming to the Hillsborough hotspot have the potential to be for Regional served by PART . Their proximity creates good opportunities for Transportation partnership and mutual assistance in managing transportation demand . PART 10 . Orange Unified The OUTBoard is an advisory board composed of residents who have Transportation been appointed by Board of County Commissioners who have an active Board ( OUTBoard ) interest in transportation within Orange County . The Orange County TDM Coordinator will provide ongoing staff support the OUTBoard , will attend meetings to keep them update and involved with all campaign efforts and news . Additionally , the TDM Coordinator will serve as staff support for the OUTBoard ' s Bicycle Safety Task Force subcommittee . VMT Reduction : Discuss why your organization is the best Service Provider to reduce single - occupant vehicle commute trips in the hotspot of interest. Triangle Council of Governments 3 Orange County is a large multi -site employer whose primary administrative offices are locat7inHillsborough . Orange County can not only impact the travel patterns of employees in the Hilugh hotspot , but at more than 30 staffed facilities across the County . Being a large organization , range 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 to the Town of Hillsborough and throughout the County through Orange County Public Transportation , which provides more than 50 , 000 rides per year and is continuing to expand their fixed - route services in FY20 . 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 . 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 2018 , the BOCC re - committed themselves to these Goals , and several of them ( as paraphrased below) relate to TDM : TDM - Related Goals for Orange County : • 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 County 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 program ' 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 program is 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 ) . Orange County Commuter Options FY20 Program Goals : • OCCO will work with the top five businesses to become a part of Best Workplaces for Commuters , including UNC Health Care - Hillsborough Campus . • Continue to explore opportunities to create a bike share program in partnership with the Town of Hillsborough , the County Planning Department and the Asset Management Services Department , to benefit employers within the Hillsborough Hotspot , The Orange County TDM Coordinator will draft a best practice guide that can be used to facilitate a productive response if dockless bikeshares and /or electric scooters move into the hotspot . • To partner with the County ' s Human Resources Department to enable targeted outreach to Orange County employees for who vanpool viable commute option . Returning Applicants Only : A . Clearly and quantitatively communicate your program ' s past progress and impacts . Emphasize quantitative data , multi-year progress, and percentage increases in participation in services and programs. The TDM Coordinator has created and maintained an OCCO program website and has also worked with the County' s Public Relations office to run alternative commuting messages on seven informational monitors across 7 buildings . We estimate that the reach of the alternative Triangle Council of Governments 4 commutes messages to be nearly18 , 000 views over the past year . These messages were also posted on the County ' s official social media sites . During the second year of the OCCO program , the TDM Coordinator created new relationships with Orange County Schools ; Weaver Street ( Hillsborough location ) . With the addition of this business , the OCCO program now serves 3 of top 5 businesses in Hillsborough . Within the County , the TDM Coordinator work with the joining the Wellness Committee has reinforced the idea of TDM and health working in conjunction with one another. Participation on this committee allows for tabling at the annual Orange County Health Fair , The TDM Coordinator also joined the Orange County Communicators Committee which brings together all departmental communications staff on a monthly basis . This has enabled coordinated messaging to broader audiences , and has allowed direct access to the County Commissioners ' Office . This has allowed for additional promotion of all regional and local campaigns reaching people who may not normally get information from the Orange County TDM Coordinator . Additionally , The TDM Coordinator did quarterly presentations to the Orange Unified Transportation Board . This board is made of up residents who have been appointed by Board of County Commissioners who have an active interest in transportation , while also providing technical and staff support . The Orange County TDM Coordinator has also secured an ongoing place in New Employee Orientation for the County , reaching 184 new employees to date . B . Describe any new or major changes to Top Tasks , activities , or deliverables from what was proposed in your FY18 proposals . (Applicants do not need to discuss changes to print materials, advertising, events, promotional items, etc.) Transit Academy : The Orange County TDM Coordinator will host a modified Transit Academy . The Transit Academy will target employees and residents of Orange County that would like to learn more about the transit agencies in the area . This will include information on routes , how to board the bus , transfer, and pay . The academy will now be split into two days with one day being in Hillsborough , NC and the other being in Chapel Hill , NC . The TDM Coordinator will partner with the Town of Chapel Hill TDM Coordinator to have more employers come out . Vanpool Program : The Orange County TDM Coordinator will partner with Orange County ' s Human Resource Department to pilot a targeted vanpool promotion program for employees . This program will focus on employees who commute more than 20 miles into work . To identify those employees who would be the best candidates , the TDM Coordinator will work with the Human Resource Department to get the employees zip code plus the additional four digits that will enhance our target area . This success of the program would allow for this program to be implemented with other local employers . TDM -Supported Infrastructure : The Orange County TDM Coordinator will work with the Orange County Planning Department and Capital Projects to include TDM amenities at the development stage of a County renovation or new County facility . TDM amenities include bus turnouts , connected sidewalks , parking spaces reserved for rideshare , and bike racks . Additionally , the TDM Coordinator will leverage the developer' s toolkit to streamline the process . Polar Express : The Orange County TDMC Coordinator will promote current , and increase future ridership through special route programming events called Polar Express Routes . By way of family activity , as well as to current riders , programming will promote the Orange County Public Transportation ' s Hillsborough - Chapel Hill Connector Route and the Go Triangle 420 Route with a Triangle Council of Governments 5 salute to the book and movie - The Polar Express . Not only will the route promote ridership , it will also deliver information for cold and inclement weather safe riding practices . Riders of both routes will sign up in advance for the Polar Family experience including a ride either East to West or South to North with a Polar Walking tour of area while listening to information regarding OCPT and GoTriangle promoting both transit and walking use . The Polar Walk will end at the local libraries to hear a special reading of the Polar Express book . The group will return on transit with promotional commute items ( a Polar Express Package ) including information regarding STRNC , bus route schedule information and other key information for daily transit and walking and cycling information . Current riders on the morning bus routes of the F Route and the 420 Route will be surprised with promotional thank you items encouraging continued ridership including information regarding regional planning , such as light rail progress and other ongoing information . Collaboration - Collaboration and planning will occur with the Orange County Commute Options Program , Carrboro , UNC - CH and Go Chapel Hill partners as well as , OCPT and Go Triangle , for planning and promotions of Polar Express events twice in December . Go Chapel Hill will also collaborate with the Hillsborough /Chapel Hill Chamber of Commerce , Orange County Libraries and with the County ' s Communication Office for updates to social media as well as through marketing and communication . Personal Mobility Technology Preparation : Disruptive personal mobility technologies ( e - scooters and dockless bike share ) have arrived in the Triangle . To help prepare Orange County local governments to take best advantage of the benefits of these technologies as a first/ last mile solution , we will produce a best practice guide for decision makers . 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 .) Top Task # 1 : Promotion of Quarterly Regional Campaigns Description — Promotional activities in this Top Task focus on distributing materials and messaging related to regionally-coordinated 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 . The OCCO Program will fully participate in these quarterly efforts to promote regional services in a two -step process : 1 . ) Participate in planning for these campaigns and coordinate messaging with regional staff the month before the campaign launches . This includes participating in the monthly GoPartners meetings ; 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 . — Transit Academy , new employee orientation , Orange County Health Fair , 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 0 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 Triangle Council of Governments 6 q"qq 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 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 be asked to include the Orange County TDM Coordinator on their messaging for tracking purposes . Wherever possible , the Orange County TDM Coordinator will participate to take pictures , collect testimonials , and distribute information and promotional items . 0 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 • Use local events ( i . e . Earth Day , Employee Appreciation Lunch , and Local Fest) to promote the benefits of alternative commuting . o Table at four local events held within the County and promote quarterly campaigns 0 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 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 . ■ 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 include the Orange County TDM Coordinator on their messaging for tracking purposes . Wherever possible , the Orange County TDM Coordinator will participate to take pictures , collect testimonials , and distribute information and promotional items . • 1 website post with ways to participate • Participate in 3 in - person events to promote Bike to Work Month . 0 4 . 3 . c Promote TDM through social media - The Coordinator will collaborate with County Public Relations staff and Communicators Committee to post TDM messaging on County social media for all quarterly regional campaigns . ■ Proposed Outputs and Outcome Tracking Triangle Council of Governments 7 4" • 16 Posts on Social Media : 1 per week throughout the mont7of ch quarterly regional campaign . 0 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 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 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 • Meet or call all event organizers to connect them with TDM resources to create transportation options for attendees . o For any events that use TDM services , their participation will be tracked through STRNC or through an after- event communication /survey . 0 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 Q1 to plan annual student outreach opportunities . • Work with Central Durham ' s TDM service provider to ensure that both campuses are involved in all TDM activates plan for the year . 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 . The 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 on the highlighted program . Triangle Council of Governments 8 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 regional Telework Toolkit created by TJCOG . The OCCO website , social media platforms , as well as marketing plans for these promotional efforts , will be created or updated one month 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 0 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 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 . The use of ERH there • 20 new users will register for ERH . o Users who register for ERH will be tracked through the STRNC administrative portal . 0 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 • Present at New Employee Orientation every two weeks to promote alternative commuting modes to new employers as they are planning the best way to come into work . o Present to a minimum of 150 new employees . • Present to at least one of the top Hillsborough business in their new hire orientation , with the aim of becoming a regular presenter. 0 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 16 Posts on social media to promote ongoing local and regional TDM programming . Top Task #3 : Marketing and Administration 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 2017 and 2019 Regional Commute Surveys , the TDM Coordinator will assist with marketing the new fixed route transit service offered by Orange County 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 . Triangle Council of Governments 9 The other focus of TDM program interest for County staff in the 2017 and 2019 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 . The Orange County TDM Coordinator will create commuter information stations in buildings operated by Orange County Employees . Each station will come with a map of the County ' s transit routes and park and ride lots , surrounded by route map brochures . There will also be space that will hold information about other alternative commute modes , should the available transit options not fit their particular needs . Related Activities from Revised 7 -Year Plan 0 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 materials to hand out created or customized by end of Q1 0 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 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 fits with the actual process after completion . o Enhanced Metric : Outcomes and outputs of these plans will also be analyzed based on unit costs of reaching the audience ( e . g . $/ page view online , $/ listener tuning into radio PSA , etc . ) o Enhanced Metric : Tracking external trends to target internal marketing inputs within marketing plans . For example , using crowd -sourced information on local price trends in fuel and parking to help guide our messaging content and selection of target audiences . Another example is tracking planned and unplanned changes to roadway Level of Service to target marketing . 0 4 . 2 . d Develop marketing campaigns that increase public awareness of TDM programs and their benefits . - The Orange County TDM Coordinator will create or customize marketing materials and content to use in all promotional activities in Top Tasks # 1 and #2 . They will work in collaboration with GoTriangle leverage the experience Triangle Council of Governments 10 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 County Public Transportation and provide additional staff support to establish and market the subsidized bus pass program . This task also includes the 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 within the end of the quarter that the route started in . • Ridership will increase 5 % from baseline on new routes and 2 % on existing routes . 0 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 • Use local events ( i . e . Earth Day , Employee Appreciation Lunch , and Local Fest , Orange County Health Fair) to promote the benefits of alternative commuting . o Table at four local events held within the County and discuss ongoing initiatives . o Create material that can be discussed during both the BOCC annual retreat and an event hosted by Hillsborough / Orange County Chamber of Commerce . 0 4 . 24 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 • Work with the Bicycle Safety Task Force to promote safe bicycling practices . Additionally , incorporate the videos created for that promotion during the Lighten Up Campaign . o Present road sharing videos to potential riders during the Lighten up Campaign . • Work with the local bike shop to promote bike month , provide demo/discounts 0 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 , WCHL radio , and the Triangle Business Journal . ( as these media outlets serve the targeted areas of 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 Triangle Council of Governments 11 qql • 12 free or paid media placements throughout the year. Enhanced Metric : Outcomes of these media placements will also be analyzed based on unit costs of reaching the audience ( e . g . $/ page view online , $/ listener tuning into radio PSA , etc . ) 0 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 o 50 Posts on Social Media , 1 per week throughout the year. 0 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 • 20 new registrants on STRNC 0 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 • 2 TDM presentations or formal information items created and delivered to elected officials . • 1 Annual TDM Report to County Commissioners to highlight recent achievements and on - going work . • Given the proliferation of disruptive personal mobility technologies ( e - scooters and dockless bike share ) produce one best practice guide for local government decision makers . 0 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 • Meetings with all top 5 businesses as well as Durham Tech ' s Orange County Campus and UNC Health Care - Hillsborough Campus o Host an annual Hillsborough - Orange County Chamber of Commerce Training that is tailored to Hillsborough business and explains how to promote alternative commuting with their organization . 0 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 . ■ Proposed Outputs and Outcome Tracking Triangle Council of Governments 12 • 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 . o 5 . 2 . a Increase marketing , promotion , and outreach to target areas . - The Coordinator will use data from Orange County ' s 2017 and 2019 regional Commuter Surveys to create campaigns targeted towards the stated commuter patterns and interests of Orange County employees . While leveraging the relationship with the top employers in the county with survey coordination . ■ 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. • Input from Chamber of Commerce will be followed to customize targeted materials and information for their members . 0 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 • Extend our vanpool pilot that we are doing with HR to Durham Tech • Establish a vanpool for employees to go to and from both campuses Top Task #4 : Public Relations Description — The Public Relations Top Task deals with creating and maintaining relationships with partners and with program visibility in the transportation planning process . The 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 2018 , 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 and also set up meetings with all OCCO Program stakeholders . The TDM Coordinator will continue their membership in Association for Commuter Transportation (ACT ) , and will participate in the ACT conference along with several other TDM Coordinators in the region . Beyond learning and sharing best practices , participating in ACT will help build and maintain connections for future collaborations . The nearest neighbor of the OCCO Program is 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 . Related Activities from Revised 7 -Year Plan 0 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 Triangle Council of Governments 13 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 0 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 Q1The 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 • 2 informational updates to elected officials 0 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 . ■ 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 o Host an annual Hillsborough - Orange County Chamber of Commerce Training . • Provide all top 5 businesses with handouts that gives an overview of the OCCO Program . 0 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 through a designated transportation coordinator . With their input , outreach will be targeted for the needs and opportunities of those employees in collaboration with local partners . OCCO will use outreach materials and presentations tailored to the Hillsborough business community under Task #3 . ■ 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 . o Create materials tailored to each business . 0 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 Triangle Council of Governments 14 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 will 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 . 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 . Oversight Committee Comments : Budget revisions: G182 : Retirement Contribution : Received confirmation from Orange County ' s Finance Department that for FY20 the retirement contribution percentage would increase from 7 . 8 % to 8 . 05 % . G189 Other : This line item has decreased per confirmation from Orange County ' s Finance Department that for FY20 Dental will decrease from $ 366 to $ 337 ; Life Insurance increased from $ 105 to $ 111 ; 401 K Contribution stayed the same at ( $ 715 ) , and performance bonus stayed the same at ( $ 750 ) G371 Marketing ( paid ads , marketing firm , etc ) : This line item has increased from $ 500 to $ 650 . This increase will allow for Orange County to spend marketing funds on other campaigns outside of the Orange County/ Hillsborough Chamber of Commerce Training which has a fee of $ 500 . The additional $ 150 would allow for Orange County to pay for social media and local radio advertisements for other campaigns throughout the year . G372 Promotional Items : Per the recommendation of the oversight committee we have increased this line item from $ 335 to $ 1 , 000 . The additional $ 665 would allow for Orange County to purchase a years ' worth of Orange County Commuter Options ( OCCO ) branded promotional items . Cost estimates provided by 4imprint . com and customink . com include 50 branded power banks for $ 425 and 100 branded pop sockets for $ 575 . Triangle Council of Governments 15 FY20 Transportation Demand Management Program Grant Application Applicant orange County Project Type Local Total Salaries & Fringe $ 58, 286 . S8 Total Other Direct Cost $ 6, 585 . 00 Project Total Cost $ 64, 87138 Amount Requested $ 32,43539 Amount of Matching Funds $ 32,435 * 79 Supplies _ _ Breakdown of Funding 0% Printing _ Indirect Advertising f _ Dues 0% Professional Services __ 10 r _ . Other 0% — - 0% Trave Communications 5% 1 % Salaries & Fringe 92% Energy & Environment Program Manager Andrea Eilers 919-558-2705 or aeilers@tjcog . org Contract Specialist Jayne Langston 919-558-2709 orjlangston@tjcog . org NCDCT UPTUS Codes TDM Conference and Membership Policy Object Total Annual Budgeted EmployeesCode No . G121 TDM Coordinator 1 $ 40, 354 100% $ 40, 354 G121 $ - G121 $ - G121 $All G121 Staff Positions and Salaries 1 100% $ 40,354 G125 $ - G125 $ - G125 $ - G125 $All G125 Staff Positions and Salaries 0 0% $ - G126 $ - G126 $ - G126 $ - G126 $All G126 Staff Positions and Salaries 0 0% $TOTAL - . . Total Cost 1 Descriptions G 120 G121 Full -time employees $ 40, 354 Inculdes anticpatied 2 % cost of living increase G122 Overtime $ - G125 Part-time $ - G126 Temporary and part-time $ G127 Longevity Total Salaries $ 40, 354 G 180 G181 Social security contribution $ 31087 G182 Retirement contribution $ 31248 Increased from 7 . 8% to 8 . 05 Participating Percentage $ 0 8 . 05 % increase G183 Hospitalization insurance $ 91684 807 per month for 1 FTE Hospitalization Insurance Cost/Month/FTE $ 91684 G184 Disability insurance $ - Disibility Insurance Cost/Month/FTE G185 Unemployment compensation G186 Workers compensation G189 Other $ 1, 913 Life Insureance ( 111 ) , 401K Contribution ( 715 ) , Performanc Total Fringe $ 17, 933 TOTAL , G190 Professional Services G199 Other G200 Supplies and Materials G261 Office supplies and materials G291 Computer supplies „ $ - G300 Travel and Transportation G311 Travel $ 11525 G311a Conferences/Training/Professional Development $ 1, 525 ; oundtrip flight to New York, NY and shuttle to/from airpoi G311b Outreach , meetings, local events, etc. G312 Travel subsistence $ 11675 G312a Conferences/Training/Professional Development $ 1, 675 , ugust 7, 2019 $ 230 per day federal rate for New York, Foc G312b Outreach , meetings, local events, etc . G314 Vehicle rental $ - G314a Conferences/Training/Professional Development G314b Outreach , meetings, local events, etc. G320 Communications G321 Telephone service $ 860 ides Orange County issued cell phone and office phone ser G322 Internet Service Provider Fee G325 Postage G329 Other G340 Printing and Binding G341 Printing and reproduction $ 300 copying Orange County-specific materials created by TDM G349 Other G370 Advertising/Promotion G371 Marketing ( paid ads, marketing firm , etc . ) $ 650 ber of Commerce Training Fee ) ; $ 150 to go towards social G372 Promotional Items $ 1, 000 . 00 ) range County Commuter Options branded popsockets) * cc G373 Other G380 Computer Support Services ( contracted ) G381 Computer programming services G382 Computer support/technical assistance G390 Other Services G395 Training - Employee Education Expense G399 Other G480 Indirect Costs G481 Central services $ - Budget direct cost base Indirect percentage rate G490 Other Fixed Charges G491 Dues and Subscriptions $ 575 ssociation for Commuter Transportation (ACT) Membershi TOTALOTHER ADMINISTRATIVE TOTAL PROJECTCOSTS