HomeMy WebLinkAboutOTHER-2024-101-Orange County Global Agreement for Capital OT4E h r090A W J G I (P �a 10q ION
Attachment 4
GLOBAL CAPITAL FUNDING AGREEMENT FOR
CAPITAL INFRASTRUCTURE
ORANGE COUNTY TRANSIT FY 2025
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This Global Capital Funding Agreement ("Agreement" ) is made by and between Research
Triangle Regional Public Transportation Authority , d/b/a GoTriangle ( " GoTriangle " ) as the
administrator of the Triangle Tax District , and Orange County (" Implementing Party" ) and
Orange County (" County" ) . The foregoing may collectively be referred to as " Parties . "
WHEREAS , the Parties to Agreement , who have or may have specific roles in the
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implementation of public transit and the support of public transit infrastructure in the Orange
County area , have determined that it is in their best interest and the best interest of the
constituents they represent to coordinate future public transit planning , funding , expansion
and construction ; and
WHEREAS , an extensive community driven process was used to develop a strategic
transit vision document that set forth an enhanced public transit plan for Orange County ,
referred to as the " Orange County Transit Plan " (" Orange Transit Plan " ) , and this Plan was
unveiled on or about , and adopted by the GoTriangle Board of Trustees on , the Durham Chapel I
Hill Carrboro Metropolitan Planning Organization ' s (" DCHC MPO " ) Policy Board on , and the
Orange County Board of Commissioners in 2022 ; and
WHEREAS , in conjunction with the Orange Transit Plan , GoTriangle , Orange
County , and DCHC MPO ( collectively , "the Governance ILA Parties " ) adopted the Orange
Transit Governance Interlocal Agreement ( " Governance ILA" ) that creates a governance
structure for the implementation of the Orange Transit Plan by and through the annual
Orange County Transit Annual Work Program ; and
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WHEREAS , based on Section 5 . 02 of the Governance ILA , DCHC MPO has the authority
to enter into this Agreement and enforce the provisions thereof and is a necessary Party to this
Agreement ; and
WHEREAS , the Governance ILA specifically created the Staff Working Group
(" SWG " ) and charged the SWG with coordinating and recommending the planning and
implementation aspects of the Orange County Transit Annual Work Program ; and
WHEREAS , the Governance ILA Parties , together with the Implementing Party , the
City of Orange , entered into a Comprehensive Participation Agreement ( " Participation
Agreement" ) , which , among other purposes , established standards that govern the
Participation Agreement Parties ' eligibility for inclusion of sponsored Implementation
Elements in the Orange County Transit Annual Work Program , receipt of funding allocations
from Orange County Transit Tax Revenue , and confirmed the Comprehensive Participation
Agreement Parties ' roles in carrying out SWG responsibilities ; and
WHEREAS , the FY 2025 Orange County Transit Annual Work Program was
developed and recommended by the SWG , presented for public comment , and
adopted , as required , by the Boards of Orange County and GoTriangle ; and
WHEREAS , the FY2025 Triangle Tax District Orange Capital Ordinance was adopted
by the GoTriangle Board of Trustees ; and
WHEREAS , the Parties desire to implement the components of the FY2025 , Orange
County Transit Annual Work Program as adopted by GoTriangle and Orange County ; and
WHEREAS , as stated in the Comprehensive Participation Agreement , all
Implementation Elements (" Projects " ) contained in the Orange County Transit Annual Work
Program , whether partially or fully funded with Orange County Transit Tax Revenues , will
not move forward until Implementation Agreements , which shall include Global /Capital
Funding Agreements and /or Global /Operating Agreements , are executed by and between
the Implementing Party , GoTriangle , as administrator of the Special District , and all other
appropriate Parties as identified in Exhibit A .
WHEREAS , Orange County , shall be a party to any Capital Infrastructure Agreement if any
Project involves federal or state funding that is otherwise under the distribution and program
management responsibility of Orange County or , regardless of funding source , constitutes
a regionally significant project as defined in 23 CFR § 450 . 104 ; and
WHEREAS , the Parties are authorized to enter into this Agreement pursuant to , inter
alia , N . C . G . S . § § 160A.20 . 1 ; 160A. 312 ; 160A.313 ; 160A. 610 ; 153A.275 ; 153A-276 ; and
153A-449 .
NOW , THEREFORE , in consideration of the above recitals and the mutual
covenants herein contained , the Parties hereto agree as follows :
1 . Annual Approval :
The Agreement shall be reviewed annually to determine project progress and appropriate
updates to Exhibit A documents , which is then executed by all appropriate Parties . The review
and approval should consist of:
A . Addition of new Projects to the Exhibit A if one or more is identified to be included as a
part of this Agreement .
B . Removal of active Projects from the Exhibit A if one is identified by Project sponsor to
be completed during the Agreement review process .
C . Update of scope , schedule , and budget baselines for active Projects with a duration
longer than the current year of this Agreement , as defined in the Exhibit A .
Documentation shall maintain record of both original planned dates and updated
planned dates and include supporting allocation of programmed and planned funds from
local funding revenue sources as defined by the Annual Work Program and Multi -Year
Capital Improvement Plan .
D . Updated Agreement shall be reviewed and executed by all parties to the Agreement .
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YMM
2 . Term :
The Term , or period of performance , is defined as the latest anticipated completion date
of all Projects identified in Exhibit A , which incorporates references to the Multi -Year
Capital Improvement Plan .
3 . Purpose :
The purpose of this Agreement is to outline the details of how the Projects ) listed in Exhibit
A attached hereto and incorporated herein by reference , being approved Projects in the
Orange County Transit Annual Work Program , shall be implemented with programmed
funding commitments as highlighted in the Exhibit A , in accordance with the requirements
of the Comprehensive Participation Agreement .
4 . Responsibilities . j
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A . Responsibilities of the Implementing Party .,
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( 1 ) The Implementing Party shall provide the Projects listed in Exhibit A and fund the cost
of the Projects on an up -front basis , except as provided herein . The Implementing
Party is responsible for ensuring local funds are available to pay for costs incurred
related to Project phases , or invoices , prior to requesting reimbursement from
GoTriangle , except in instances where advance payments are requested .
Implementing Parties may utilize pre -award authority for Capital Projects requiring
immediate implementation . Pre - award authority may not be exercised until the annual
budget has been recommended by the SWG and adopted by the governing boards of
Orange County and GoTriangle . f'
(2 ) The Orange County Transit Annual Work Program Reimbursement Request and
Financial Report Template ( " Reimbursement Requests " ) must be submitted by the
Implementing Party at least quarterly , or monthly if preferred by the Implementing
Party . The reimbursement request shall be emailed to
DOTransitReimbursements@gotriangle . org with a copy to the identified Tax District
Administration staff Steven Schlossberg SSchlossbergotriangle . or and Darlene
Weaver dweaver(morangecountync . org .
( 3 ) All Reimbursement Requests must be made using the Orange County Transit Annual
Work Program Reimbursement Request and Financial Report Template agreed to by
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the Parties and must include a signed statement by the Implementing Party' s Finance
Officer or designee stating that funds were spent in accordance with the Orange
County Transit Annual Work Program and with all applicable laws , rules , and
regulations , and that the Reimbursement Request includes items due and payable .
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
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All Reimbursement Requests shall be based on actual expenses incurred as recorded
in the financial system .
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(4 ) In special circumstances where an advance . payment may be required ,
Reimbursement Requests must be submitted using the Reimbursement Request
Template and with a justification for the advance payment request . Advance j
payments received by the Implementing Party must be disbursed within 72 hours
of receipt from GoTriangle .
( 5 ) Any work for which an Implementing Party receives reimbursement must be
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performed by June 30 of that fiscal year .
6 Reimbursement Requests for expenses incurred as of June 30 shall be
submitted by August 10 or date determined by the Tax District Administrator
for the fiscal year in which the work was done .
( 7 ) Further , the Implementing Party shall :
( a ) Ensure that Orange Transit funds provided by GoTriangle are not misappropriated
or misdirected to any other account , need , project , or line item , other than as listed
in Exhibit A . The Implementing Party shall have an obligation to return any
reimbursed or advanced payments that were misappropriated or expended
outside the approved Projects ) listed in Exhibit A .
( b ) Monitor award activities , to include sub - awards , to provide reasonable assurance
that funds are spent in compliance with applicable requirements . Responsibilities
include accounting for receipts and expenditures , cash management , maintaining
adequate financial records , and refunding disallowed expenditures .
(c ) Maintain a financial management system adequate for monitoring the
accumulation of costs .
( 8 ) The Implementing Party agrees to coordinate with the municipality as it relates to
transit service that enters the local municipal area . These coordination efforts should
include discussions as it relates to , but are not limited to , passenger amenities ,
maintenance and upkeep of passenger amenities , public engagement and
advertisement in relation to the new/enhanced services , etc . These coordination
efforts shall occur prior to the execution of the Implementation Elements identified in
Exhibit A .
B . Responsibilities of GoTriangle .
( 1 ) GoTriangle , as administrator of the Triangle Tax District , shall have the
responsibilities and duties as set forth in the Governance ILA , including appropriating
funds from the FY2025 Triangle Tax District Capital Ordinance in accordance with the
Governance ILA . The specific appropriation and approved Project budgets are
further detailed in Exhibit A and in the FY2025 Orange County Transit Annual Work
Program .
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
(2 ) GoTriangle , upon receipt of a Reimbursement Request , shall verify within five
business days whether the Reimbursement Request is complete ; is within the
approved budget ; is within the annual work plan ; and is in accordance with the Orange
County Transit Financial Policies & Procedures , which includes Billing , Payment , and
Reimbursement Policy and Guidelines , adopted by GoTriangle , DCHC MPO and
Orange County in 2023 .
If GoTriangle is unable to verify the Reimbursement Request , GoTriangle shall , within
two (2 ) business days , notify the Implementing Party in writing of the deficiencies in
the Reimbursement Request . The Implementing Party may thereafter submit a
revised Reimbursement Request ( " Revised Reimbursement Request" ) , which shall
be verified within five (5 ) business days of receipt . If the Revised Reimbursement
Request is denied , the Implementing Party may place the item on the next SWG
agenda for discussion and a recommendation to GoTriangle and the Implementing
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Party .
( 3 ) Where advance payments are requested , GoTriangle , after due consideration of the
request , will remit funds via payment instructions on file .
(4 ) All disbursements from GoTriangle shall be in accordance with North Carolina General
Statute 159 Article 3 , known as the North Carolina Budget and Fiscal Control Act , and
the Orange Transit Financial Policies and Guidelines , adopted by GoTriangle on and
DCHC MPO on and Orange County on .
C . Responsibilities of DCHC MPO .
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( 1 ) DCHC MPO shall work with the Implementing Party to have the Project considered for
inclusion in the DCHC MPO Metropolitan Transportation Plan and Transportation
Improvement Program .
D . Responsibilities of Orange County as a Non - Implementing Party
( 1 ) Orange County , as a non - Implementing Party shall serve as a Party to this Agreement j
in accordance with the Orange County Transit Interlocal Agreement .
(2 ) If GoTriangle is an Implementing Party , Orange County shall review and approve all
invoices for the GoTriangle sponsored Projects , whether it be through quarterly ,
monthly or advanced payment cycles . Orange County shall follow a similar review
process of GoTriangle reimbursement listed above ` Responsibility of " GoTriangle "
item 2 and 3 listed in the above section .
5 . Progress Reporting :
Unless otherwise agreed in writing between Parties , the Implementing Party agrees to
provide quarterly and annual reporting per the Comprehensive Participation Agreement
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
for the Reported Deliverables as identified in Exhibit A using a Reporting Template
agreed to by the Parties . The Implementing Party shall include financial status of each
Project identified in Exhibit A in all quarterly reports ( Q1 , Q2 , Q3 , and Q4 ) . The
implementing Party shall include in its enhanced Q2 and Q4 reports , a narrative
description of physical progress , an assessment of risks that may impact delivery of the
Projects identified in Exhibit A , and a forecast of anticipated deviations from project
scope , schedule , and budget baselines identified in Exhibit A agreed upon template . If
the Implementing Party is allocating local , federal , state , or other funds towards Projects
identified in Exhibit A , it is the Implementing Party' s responsibility if they desire to report
those expenditures to the Tax District Administrator, which shall be included as part of
the enhanced Q2 and Q4 reports . The Parties agree to share supporting documentation ,
if requested , in addition to their quarterly and annual reporting , in a timely manner .
6 . Progress Updates
A . Meeting : Parties to this Agreement shall endeavor to schedule one project update
meeting annually within the forum of the Staff Working Group , unless otherwise
determined , so long as it precedes the development and publication of the Orange
County Transit Draft Annual Work Program . This is to review the enhanced Q2
report developed by the Implementing Party and Implementation Partners and
discuss the extent to which the Project , or sets of Projects , is achieving
documented metrics , as outlined in Section 4 of this Agreement . Generally , these
expectations can be defined through the three following elements : Cost , Schedule
and Functionality . This meeting shall also evaluate and confirm that the Project ,
or sets of Projects , is meeting expectations outlined in Exhibit A , and provide a
forum to discuss proposed mitigation strategies when metrics are not on track .
B . Amendment Initiation : If metrics for one or more Projects are not being met , Parties
to this Agreement shall utilize the approved work program development and /or
amendment process to make any necessary adjustments to support the meeting
of defined expectations .
7 . Further Agreements :
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The Parties agree that they will , from time to time , execute , acknowledge and deliver, or
cause to be executed , acknowledged and delivered , such supplements hereto and such
further instruments as may reasonably be required for carrying out the intention of this
Agreement .
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8 . Amendment :
Any extension of the Term of this Agreement and /or change to the content of this
Agreement shall be by written amendment signed by all Parties .
9 . Breach ; Termination .
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
In the event that ( 1 ) the Implementing Party is not able or fails to provide a Projects ) as
required by the Agreement ; or (2 ) GoTriangle is not able or fails to provide funding for a
Project(s ) as required by the Agreement ; or ( 3 ) Parties to this Agreement fail to fulfill
responsibilities and duties as set out in the Governance ILA ; or (4 ) any Party fails to fulfill
a responsibility or duty of this Agreement ; or ( 5 ) any Party withdraws from the
Comprehensive Participation Agreement (separately each a " breach " ) , any Party to this
Agreement shall notify the SWG Administrator to the SWG Committee and the other
Parties to this Agreement . The Non - breaching Party may place the item on a SWG agenda
for discussion and a non - binding recommendation to the Parties .
The Non - breaching Party may provide the Breaching Party with a period of time to cure
the breach to the reasonable satisfaction of the Non - breaching Party . If the breach is not
timely cured , or cannot be cured , the Non - breaching Party may ( 1 ) elect to terminate this
Agreement in full ; or (2 ) elect to terminate this Agreement only as to one or more Projects
listed in Exhibit A . In the event of breach of this Agreement , the Parties shall be entitled
to such legal or equitable remedy as may be available , including specific performance .
In the event the Agreement is terminated for any reason other than by the end of the Term
of the Agreement :
( a ) The Implementing Party shall not be required to continue implementing the Projects
but may elect to continue implementing the Projects using funds from sources
other than the Orange Transit Tax .
( b ) The Implementing Party shall have sixty ( 60 ) days after the date of termination to
submit all Reimbursement Requests .
( c ) The Implementing Party shall report the project status .
10 . Record Retention :
All Parties must adhere to record retention guidelines as set forth in North Carolina
General Statutes or federal guidelines as appropriate .
11 . Notices :
Any notice given pursuant to this Agreement shall be deemed given if delivered by
hand or if deposited in the United States Mail , postage paid , certified mail , return receipt
requested and addressed as follows :
If to GoTriangle :
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GoTriangle
Attn : President and CEO 4600
Emperor Blvd , Suite 100
Orange , NC 27703
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And with a copy to :
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YMXX
GoTriangle
Attn : General Counsel
4600 Emperor Blvd , Suite 100
Orange , NC 27703
If to the Clerk to the SWG
Orange County
Attn : Nishith Trivedi
600 N NC 86
Hillsborough , NC 27278
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12 . Representations and Warranties :
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The Parties each represent , covenant and warrant for the other' s benefit as follows :
A . Each Party has all necessary power and authority to enter into this Agreement and
to carry out the transactions contemplated by this Agreement , and the individuals
signing this Agreement have the right and power to do so . This Agreement is a valid
and binding obligation of each Party .
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B . To the knowledge of each Party , neither the execution and delivery of this
Agreement , nor the fulfillment of or compliance with its terms and conditions , nor the
consummation of the transactions contemplated by this Agreement , results in a
breach of the terms , conditions and provisions of any agreement or instrument to
which a Party is bound or constitutes a default under any of the foregoing .
C . To the knowledge of each Party , there is no litigation or other court or
administrative proceeding pending or threatened against such Party ( or against any
other person ) affecting such Party' s rights to execute or deliver this Agreement or to
comply with its obligations under this Agreement . Neither such Party' s execution and
delivery of this Agreement , nor its compliance with its obligations under this
Agreement , requires the approval of any regulatory body or any other entity the
approval of which has not been obtained . !'
D . Parties agree to work together in good faith and with all due diligence to provide
for and carry out the purpose of this Capital Funding Agreement .
E . The Projects ) listed in the attached Exhibit A are not debt funded unless otherwise
approved in accordance with the Orange County Transit Interlocal Agreement and11
supporting Financial Policies & Procedures .
13 . Merger and Precedence :
The provisions of this Agreement , including all Exhibits and attachments , constitute the entire
agreement by and between the Parties hereto and shall supersede all previous
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
communications , representations or agreements , either oral or written between the Parties
hereto with respect to the subject matter hereof.
Notwithstanding the foregoing , in the event of any inconsistency or conflict between this
Agreement and the Comprehensive Participation Agreement or the Governance ILA , the
terms of the Comprehensive Participation Agreement and Governance ILA have
precedence .
14 . Dispute Resolution .
In the event of conflict or default that might arise for matters associated with this
Agreement , the Parties agree to informally communicate to resolve the conflict . If any such
dispute cannot be informally resolved , then such dispute , or any other matter arising under
this Agreement , shall be subject to resolution in a court of competent jurisdiction . Such
disputes , or any other claims , disputes or other controversies arising out of, and between
the Parties shall be subject to and decided exclusively by the appropriate general court of
justice of Orange County , North Carolina ,
15 . No Waiver of Non - Compliance with Agreement :
No provision of this Agreement shall be deemed to have been waived by any Party hereto
unless such waiver shall be in writing and executed by the same formality as this
Agreement . The failure of any Party hereto at any time to require strict performance by the
other Party of any provision hereof shall in no way affect the right of the other Party to
thereafter enforce the same . In addition , no waiver or acquiescence by a Party hereto of
any breach of any provision hereof by another Party shall be taken to be a waiver of any
succeeding breach of such provision or as a waiver of the provision itself.
16 . Force Maieure . The performance of each Party hereunder shall be excused for such
period of time as performance is delayed due to force majeure . If any Party hereto is
delayed in the completion of its obligations hereunder by the act , delay in providing
approval , or default of the other Parties through no fault of the delayed Party , or by acts of
God (which shall be deemed to include weather delays caused by rainfall , snow or other
factors in excess of such weather for the season in which such performance is to occur that
actually cause a delay in performance , fire , strikes , lockouts , unavoidable casualties , war,
acts of terrorism , civil commotion , fire or other casualty , theft of materials , unseasonable
shortages of materials or supplies , pandemic , epidemic , or any other cause whatsoever
beyond the commercially reasonable control of the delayed Party then the time herein fixed
for completion of such obligations shall be extended by the number of days that the delayed
Party has thus been delayed . The delayed Party shall provide the other Parties hereto with
written notice of any delay within ten ( 10 ) days after commencement of such delay ;
provided , however, that only one notice is necessary in the case of a continuing delay .
17 . Compliance Non - Discrimination Law and Policy . Parties shall not discriminate against
any contractor, employee , or applicant for employment because of age , race , sex , sexual
orientation , gender identity or expression , creed , national origin or ancestry , marital or
familial status , pregnancy , military status , religious belief or non - belief, or disability . Parties j
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YMM
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shall take affirmative action to ensure that qualified applicants are employed and that
employees are treated fairly and legally during employment with regard to their age , race
sex , sexual orientation , gender identity or expression , creed , national origin or ancestry ,
marital or familial status , pregnancy , military status , religious belief or non - belief, or
disability . In the event Implementing Party is determined by the final order of an appropriate
agency or court to be in violation of any non - discrimination provision of federal , state or
local law or this provision , this Agreement may be canceled , terminated or suspended in
whole or in part by COUNTY . Implementing Party certifies that Implementing Party
shall abide by Orange County Ordinance Article I , Sections 15 =1 through 15 -85 .
Failure to abide by said Ordinance is a breach of this Agreement and grounds for
terminating the Agreement for cause and without fault or liability to COUNTY .
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18 . Governing Law :
The Parties intend that this Agreement be governed by the law of the State of North
Carolina . Proper venue for any action shall solely be Orange County . j
19 . Assignment :
No Party may sell or assign any interest in or obligation under this Agreement without the
prior express written consent of the other Parties .
20 . Independence of the Parties :
Nothing herein shall be construed to modify , abridge , or deny the authority or discretion of
any Party to independently develop , administer , or control transportation projects pursuant
to enumerated authority or funding sources separate from those in this Agreement .
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21 . Execution in Counterparts/ Electronic Version of Agreement :
This Agreement may be executed in any number of counterparts , each of which shall be
an original and all of which shall constitute but one and the same instrument . Any Party
may convert a signed original of the Agreement to an electronic record pursuant to a North
Carolina Department of Natural and Cultural Resources approved procedure and process
for converting paper records to electronic records for record retention purposes . Such
electronic record of the Agreement shall be deemed for all purposes to be an original
signed Agreement .
22 . No Waiver of Sovereign Immunity :
Nothing in this Agreement shall be construed to mandate purchase of insurance by any
municipality pursuant to N . C . G . S . 160A485 ; or to in any other way waive any Party ' s
defense of sovereign or governmental immunity from any cause of action alleged or brought
against any Party for any reason if otherwise available as a matter of law .
23 . No Waiver of Qualified Immunity :
No officer , agent or employee of any Party shall be subject to any personal liability by reason
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
of the execution of this Agreement or any other documents related to the transactions
contemplated hereby . Such officers , agents , or employees shall be deemed to execute this j
Agreement in their official capacities only , and not in their individual capacities . This section j
shall not relieve any such officer, agent or employee from the performance of any official j
duty provided by law .
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24 . Verification of Work Authorization ; Iran Divestment Act :
All Parties , and any permitted subcontractors , shall comply with Article 2 , Chapter 64 , of
the North Carolina General Statutes . The Parties hereby certify that they , and all permitted
subcontractors , if any , are not on the Iran Final Divestment List created by the North
Carolina State Treasurer pursuant to N . C . G . S . 147 -86 . 58 .
25 . No Third -Party Beneficiaries .
There are no third - party beneficiaries to this Agreement .
26 . E — Verify : j
All Parties shall comply with & Verify, the federal E -Verify program operated by the United
States Department of Homeland Security and other federal agencies , or any successor or
equivalent program used to verify the work authorization of newly hired employees pursuant
to federal law and as in accordance with N . C . G . S . § 64 - 25 et seq . In addition , to the best of
to Party' s knowledge , any subcontractor employed by a Party as a part of this Agreement
shall be in compliance with the requirements of E -Verify and N . C . G . S . § 64 -25 et seq. In
cases of conflict between this Agreement and any of the above incorporated attachments
or references , the terms of this Agreement shall prevail .
27 . Companies Boycotting Israel Divestment Act Certification :
Contractor certifies that it has not been designated by the North Carolina State Treasurer
as a company engaged in the boycott of Israel pursuant to N . C . G . S . 147- 86 . 81 .
28 . Electronic Signatures :
Parties acknowledge and agree that the electronic signature application Adobe Sign may be
used to execute this Agreement and any associated documents . By selecting " I Agree , " " I
Accept , " or other similar item , button , or icon via use of a keypad , mouse , or other device ,
as part of the Adobe Sign application , Parties consent to be legally bound by the terms and
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conditions of this Agreement and that such act constitutes Parties ' signatures as if signed by
Parties in writing . Parties also agree that no certification authority or other third - party
verification is necessary to validate the electronic signature and that the lack of such
certification or third - party verification will not in any way affect the enforceability of the
electronic signature . Parties acknowledge and agree that delivery of a copy of this
Agreement or any other document contemplated hereby , through the Adobe Sign application ,
will have the same effect as physical delivery of the paper document bearing an original
written signature .
SIGNATURE PAGES FOLLOW
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
Orange County
By :1 7: ��e7 I
Travis Myren , Cou Manager
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
RESEARCH TRIANGLE REGIONAL PUBLIC This instrument has been preaudited in the manner
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TRANSPORTATION AUTHORITY ( d/b/a required by The Local Government Budget and Fiscal
GoTriangle ) Control Act ,
By :
Charles E . Lattuca , President and CEO
Saundra Freeman , Chief Financial Officer i
for GoTriangle E
This , the day of , 2022 . This , the day of , 2022 .
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Reviewed and Approved as to legal form .
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T . Byron Smith , General Counsel
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Global Operating Agreement for Transit Capital Infrastructure
Orange County, FY2025
Contract # YY-XXX
Template Exhibit A
Project Project Project Subcategory
ID Category
Project Description & Goals Project at a Glance
Project Title
Agency
Parties to Project
Estimated Total Project Cost
Budgeted FYXX Costs funded by this
Agreement
Programmed FYXX Costs funded by
this Agreement
Start Date
Anticipated End Date
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PROJECT SCHEDULE
Original Planned Date Current Planned Date
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PROJECT IMPLEMENTATION METRICS '
Metric Goal (this is aspirational, not necessarily binding) j
Listing and format may vary based on project type. Example is
shown below for bus stop improvement program :
Number of Bus Stops Completed Per Year
FY24 40
FY25 50
FY26-30 75
FY30 All Stops in Orange Improved
Percentage of Bus Stops Meeting Adopted Amenity Standards Need to establish goals
Miles of Sidewalk Constructed with Stop Improvements No goal set as it is context specific, but we want to report the output
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Number of New and Improved Crosswalks Constructed at Bus Stops No goal set as it is context specific, but we want to report the output
Actual Expenditures versus Planned Expenditures See table below for anticipated expenditures
MWBE Contracting n/a
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TRANSIT PLAN PERFORMANCE METRICS it
List the programmatic Transit Plan Performance Metrics that this project is expected to contribute towards . Example is shown below for bus stop improvement
program :
Improved customer satisfaction survey results
Increased ridership
Reduced emissions due to ridership
Improved safety near bus stops
CAPITAL COSTS PRIOR FYXX FYXX FYXX FYXX TOTAL
YEARS
Agency Cost ( Labor & Overhead )
Planning & Feasibility
Design & Engineering
Construction
Land Acquisition
Lease
Equipment & Technology
Unallocated Contingency
Vehicles & Spare Parts
Other
TOTAL CAPITAL COSTS *
TOTAL CAPITAL FUNDING COMMITTED BY THIS AGREEMENT ( I . E .
ORANGE TRANSIT PLAN FUNDING )
ANTICIPATED OTHER FUNDING
UNFUNDED COSTS ( IF ANY)
* Defined numbers in the Capital Costs Table are projections over the life of the project. `Estimated Total Project Cost ' listed in table above Capital
Costs Table is the official planned/programmed dollar amount per the annual work program, unless otherwise amended.