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Home My WebLink AboutAgenda 12-09-2025; 8-d - Purchase of Vehicles for Transportation Services Department 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 9, 2025 Action Agenda Item No. 8-d SUBJECT: Purchase of Vehicles for Transportation Services Department DEPARTMENT: Fleet Services ATTACHMENT(S): INFORMATION CONTACT: Quotes from Modell Robert Williams, 919-918-4904 FTA Award Letter NCDEQ Contract NCDOT Contract #54-SG-05062022 Raised Roof Vans and Light Transit Vehicles PURPOSE: To approve and authorize Orange County Fleet Services to purchase three (3) Ford Transit 350 Lightning E-Motors Conversion vans and one (1) Ford E-450 Lighting E-Motors Conversion van to provide accessible transportation options to individuals with disabilities who are unable to use the fixed-route bus service. BACKGROUND: Orange County Transportation Services was awarded $160,000 from the Federal Transit Administration (FTA) Section 5307 capital funds to support the procurement of zero emission battery electric transit vans to replace the aging Light Transit vehicles (LTVs) used within the fixed-route transit operations. Orange County Transportation Services has also received $93,500 in funding from the North Carolina Department of Environmental Quality (NCDEQ) through the VW-Transit Bus Program. This funding is a result of the 2019 North Carolina VW Settlement Program instituted in response to excessive emissions produced by VW's 2- and 3-liter diesel engines. The funds will be used to replace a Class 4-B diesel Transit Bus with a Class 4-13 zero emission light transit vehicle (LTV) in an effort to continue the goal of Clean Air Mobility (CAM). Orange County Fleet Services proposes the purchase of the replacement vehicles to ensure a continued safe, efficient, cost-effective transportation service for Orange County residents. The funding for this vehicle purchase was approved as part of Budget Amendment #3 at the Board's October 21, 2025 Business meeting. The vehicles are proposed for purchase from Modell (formerly Creative Bus Sales, Inc.). Modell has been awarded Contract #54-SG-05062022 Raised Roof Vans and Light Transit Vehicles through the North Carolina Department of Transportation (NCDOT), which follows federal procurement guidelines. 2 FINANCIAL IMPACT: The total financial impact for all vehicles is $249,999.99 excluding sales tax. • Three (3) 2021 Ford Transit 350 Lighting E-Motors Conversion Vans $159,999.99 • One (1) 2022 Ford E-450 Lighting E-Motors Conversion $ 90,000.00 ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION OBJECTIVE 2. Invest in our infrastructure to reduce the environmental impact of the County fleet/facilities and improve safety. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize Fleet Services to purchase three (3) Ford Transit 350 Lightning E-Motors Conversion vans and one (1) Ford E-450 Lighting E-Motors Conversion van. 3 M00ELz PRICE PROPOSAL Pran;_�rp( for [ORANGE COUNTY, NC] Li h t n i n g CONTACT Date Issued:[10/24/2025] Ford Transit 350 Name:[Chris Yarber I Phone:[615-618-53701 ORANGE COUNTY, NC - $53,333.33 each x3 = $159,999.99 Email:[CYarber@model1.com] !A .� r " M r ROW �2 Whether you need to fill a spot in your fleet or create an entirely new vehicle,your Model 1 experts have a single top priority:you. With a clear understanding of your needs,we find ways to deliver— starting with deep relationships all the way back at the manufacturer level.And with the nation's largest inventory of commercial vehicles, you'll never be short on the best choices to make for your business. SALES EXPERIENCE COMPETITIVE PRICING IN-HOUSE FINANCING NATIONWIDE NETWORK 550+Years of Collective Bus Volume Discounts Seamless Transactions 21 Full-Service Locations Sales Experience Servicing Over Fixed Contract Pricing Flexible Solutions Nationwide Partners with 1,500 Customers Annually 25+Top Manufacturers s 1 _ I 11 5 M00ELz PRICE PROPOSAL SPECIFICATIONS CHASSIS ' LIGHTING M0 0 E■ 2 Door activated interior lights Surface mount LED entry door exterior light 2021 Ford Transit 350,High Roof Van,Extended Length Lightning eMotors Conversion Sealed LED stop,tail,and turn signal lights • Power:215 HP/733 Tq with LED back-up lights 10,360 Ib GVWR LED front and rear marker lights Single speed transmission LED entry door step well lights Battery Capacity:80 kWh Layout:Floor Battery pack,Rear wheel drive,Single rear a-motor ELECTRICAL Battery Configuration:Lithium ion,single pack Intermotive Flex Tech Electrical System Charge Time:5 hours(Level 2),1.5 hours(DC Fast Charge,at up to 80 kW) WHEELCHAIR ACCESSIBILITY EXTERIOR 34"x 51"Braun wheelchair lift,rear door,800 Ib capacity Wheelbase:148" Intermotive wheelchair lift interlock/fast idle Running board on driver side,short step Running board on passenger side,full ACCESSORIES Dual rear wheels Fully-automatic self-tensioning wheelchair tie down with foot release lever(2) INTERIOR Priority seating sign**Required for ADA Compliance** Flooring:Gerflor Black Graphite SAFETY 6-rail Aluminum floor system Long Wheelbase ABS Plastic Interior w/6 LED Dome Lights Mid Roof OEM back-up alarm Entry grab rail(stanchion)on right side(B pillar) First aid kit,Fire extinguisher,Triangles AMF Silver Series Level 3 Tie Down Kit—L Track PASSENGER SEATING OPTIONS AMF L Track Shoulder Belt Attachment Freedman 3pt Mid-Hi Rigid Single Aluminum Floor Removable Seat(3) 7 Ambulatory,2 Wheelchairs A/C & HEAT SEATING Ford OEM A/C Passenger Seating: — Seat Fabric(6):Level 1 Newport Ash Grey Vinyl — OEM Seats(2) OEM Driver and Co-pilot Seating 6 M00EU2 PRICE PROPOSAL 2022 Orepared for ORANGE COUNTY, NC] Glaval ON TA Universal 2 5' Date Issued:[10/24/2025] Name:[Chris Yarber] Phone:[615-618-5370] ORANGE COUNTY, NC - $90,000 Email:[CYarber@modell.com] MW .�. J llll I l � X Whether you need to fill a spot in your fleet or create an entirely new vehicle,your Model 1 experts have a single top priority:you. With a clear understanding of your needs,we find ways to deliver— starting with deep relationships all the way back at the manufacturer level. And with the nation's largest inventory of commercial vehicles, you'll never be short on the best choices to make for your business. SALES EXPERIENCE COMPETITIVE PRICING IN-HOUSE FINANCING NATIONWIDE NETWORK 550+Years of Collective Bus Volume Discounts Seamless Transactions 21 Full-Service Locations Sales Experience Servicing Over Fixed Contract Pricing Flexible Solutions Nationwide Partners with 1,500 Customers Annually 25+Top Manufacturers } X .�..'� � - �■ iii � - � � --�' fl � Ilii - -■ ; 8 M00EU2 PRICE PROPOSAL SPECIFICATIONS CHASSIS AUDIO/ VISUAL 2022 Ford E-450 Deluxe AM/FM/CD w/Clock and 4 Speakers Lightning E-Motors Conversion Hand Held Mic and Clip Added to PA Radio Fuel Type:Electric Standard Rosco Back-Up Camera System w/7"Rearview Monitor&Mirror EXTERIOR Combo Exterior Color:White WHEELCHAIR ACCESSIBILITY Front Destination Sign Window and Overhead Access Door for Customer Braun Century 34"x 54"Lift Located in the Rear of the Unit Installed Sign Side Destination Sign Window w/Structure for Customer Installed Sign SAFETY Passenger Door 36"Electric Rough Opening Double W/C Doors w/Windows and Leaf Springs Q 8101_L:Deluxe Retractor Tie Down Kit(2) Priority Seating*Required for ADA Compliance* INTERIOR Wheelchair Decal Driver Area:Gray Padded Vinyl Back-Up Alarm SAE Type C 97 db(A) Walls and Ceiling:Gray Padded Vinyl Flooring:Gerflor Sirius Anthracite Graphite Gray PASSENGER SEATING OPTIONS Cove Flooring on Sidewall to Seat Track 5/8"MarineTech Plywood Flooring 20 Ambulatory,0 Wheelchair Driver Storage in Cab Overhead 16 Ambulatory,1 Wheelchair Ceiling Grab Rail—Both Sides 16 Ambulatory,2 Wheelchair Left Hand Entry Vertical Grab Rail—Y<" 1 Y<"Dual Entry Grab Rails Parallel to Entrance Steps(Both Sides) SEATING Stanchion and Modesty Panel at Entry Door&Behind Driver Passenger Seating: A/C & HEAT Seat Fabric:Level 1 Oxen Gray Vinyl Mid High Double Seat(8) A/C System:TA73R60EV Super 75K—TA73 EVAP-R60 RM COND Roof Econo Flip—Double Seat(2) Mounted Anti-Vandal Grab Handle,Black—Aisle(8) Hot Water Heater,65K BTU Floor Mounted, 3 Speed Low Profile Seat Belt Loop(20) LIGHTING Seat Belt,Non-Retractable(20) Door Activated Interior Lights Driver Seating: Surface Mount LED Entry Door Exterior Light Driver Seat Cover:Level 1 Oxen Gray Vinyl LED Interior&Exterior Lighting ELECTRICAL 240 AMP OEM Alternator Intermotive Flex Tech Electrical System Switch Panel Located on Engine Cover Wiring Diagram"AS BUILT"on USB Flash Drive 9 M00EUl PRICE PROPOSAL WARRANTY Manufacturer Warranty Structural: 5-year/ 100,000 miles Chassis Warranty Bumper to Bumper: 1 Year/ 12,000 Miles All vehicles come with warranty, but Model 1 offers more value without the added cost. Our coverage and support come with each of our new vehicles —standard. WE PROCESS ALL THE WARRANTY REGISTRATIONS We register all of your bus parts for you,no more pesky warranty cards to fill out.This includes all parts,wheelchair lift,electronics,HVAC,etc. WE HANDLE ALL THE PAPERWORK We administer and coordinate any warranty work. You make one call to our warranty department, and they take it from there. REPAIR FACILITIES NEAR YOU When warranty work is needed,we use service repair facilities near the bus location. We have over 3200 authorized centers and growing. You will never have to drive far to get repairs completed. NO MORE CLAIM FORMS Model 1 handles all parts of the claim process,you will have no out of pocket expenses, no reimbursements,and the service facility will be paid directly by us. LONGER WARRANTY PERIOD We have negotiated extended periods for the units we sell. Unprecedented 60 month/100,000 mile bumper-to-bumper warranty on the Starcraft bus upfit. 10 M00EU2 PRICE PROPOSAL FINANCING / LEASE 36 MONTHS 48 MONTHS 60 MONTHS Finance* [Enter Amount] [Enter Amount] [Enter Amount] Lease/ # of Miles [Enter Amount] [Enter Amount] [Enter Amount] *Estimated payment is based on approved credit.This quote is valid for 30 days from date issued. PRICING DESCRIPTION AMOUNT Bus Cost $90,000.00 Delivery $0.00 Discount / Rebate 1 $0.00 Total $90,000.00 *Pricing does not include DMV,title,or licensing.This quote is valid for 30 days from date issued. AVAILABLE OPTIONS Graphic Packages [Enter Graphic Type] [Enter Amount] Available Option 2 $ Available Option 3 $ 11 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-33) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(33), http://www.transit.dot.gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGREEMENT. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN. FTA AWARD Federal Transit Administration (FTA) hereby awards a Federal Grant as follows: Recipient Information Recipient Name: ORANGE COUNTY NC Recipient ID: 7449 UEI: GFFMCW9XDA53 DUNS: 091575191 Award Information 12 Federal Award Identification Number (FAIN): NC-2025-028 Award with Amendment Number: NC-2025-028-00 Award Name: Section 5307 ORANGE COUNTY Transit Capital and Operating Assistance, Burlington UZA Award Start Date: 4/10/2025 Original Award End Date: 3/30/2032 Current Award End Date: 3/30/2032 Award Executive Summary: Funding Fiscal Year Apportionment 2022....................... $98,000 2016....................... $62,000 2020....................... $133,787 This is an FHWA funds transferred to FTA Section 5307 funding application for Orange County, NC, in the amount of $192,000, representing an 80% federal share ($160,000) and a 20% local share ($32,000) of the total amount, AND an FFY20 Section 5307 funding application for Orange County, NC, in the amount of $267,574, representing a 50% federal share ($133,787) and a 50% local share ($133,787) of the total amount. These funds are apportioned to the Burlington UZAs. This application will utilize FHWA and Section 5307 funding from the urbanized areas in separate projects. The purpose of this award is to provide Orange County, NC, with capital and operating assistance funding for the transit system. The application scope of work includes the capital procurement of three (3) 20'-25' light transit vehicles utilizing FHWA funds transferred to FTA Section 5307 allocated to the Burlington UZA. STIP ID is TD-5155: Purchase of (1) 20'-25' transit vehicle, federal share: $62,000.00. This project is referenced in the STIP on page 97, and the referenced page is attached in Application Documents. STIP ID is TD-6721: Purchase of (2) 20'-25' transit vehicles, federal share: $98,000.00. This project is referenced in the STIP on page 100, and the referenced page is attached in Application Documents. AND operating assistance for the Orange County transit system utilizing FFY20 Section 5307 funding allocated to the Burlington UZA to assist in the cost of transit operations during the period of 07/01/2023 to 06/30/2024. The split/suballocation letter from NCDOT-IMD for the Burlington, 372630 UZA, is attached in TrAMS. STIP ID is TO-5220: Operating Assistance for Orange County, federal share: $133,787.00/local share: $133,787.00 Updated STIP documentation is forthcoming and will be attached upon receipt. 13 The following documents are also attached to this application. - FHWA Form 1575 Orange County certifies that: 1. Orange County will ensure that all vehicles purchased are accessible, purchased from an FTA-approved TVM, and reported to FTA within 30 days after the contract is signed. 2. Orange County will check the current listing of Transit Vehicle Manufacturers (TVM) to ensure each is listed as a certified TVM in compliance with FTA regulations. 3. Orange County will follow all 3rd party procurement policies as defined in C4220.1 G (Third Party Contracting Guidance) 4. Orange County will ensure contractors procured will not be on the FTA Suspension and Debarment list. The 1% security projects funding will be utilized in another application. The operating expenses requested in this application were determined through the annual county budget process and are subsequently approved by the county board. Orange County Transit understands that the expenses requested in this application are subject to review for their reasonableness as part of the agency's next Triennial review. The operating expenses requested in this application were determined by Orange County based on driver salaries, incentives, and other operational costs that are not included in our cost allocation model. Research and Development: This award does not include research and development activities. Indirect Costs: This award does not include an indirect cost rate. Suballocation Funds: Recipient organization is suballocated these apportioned funds and can apply for and receive these funds directly. Pre-Award Authority: This award is not using Pre-Award Authority. Award Budget Total Award Budget: $459,574.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $293,787.00 Amount of Non-Federal Funds Committed to This FTA Action (in U.S. Dollars): $165,787.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $293,787.00 Total Non-Federal Funds Committed to the Overall Award (in U.S. Dollars): $165,787.00 14 Award Budget Control Totals (The Budget includes the individual Project Budgets (Scopes and Activity Line Items) or as attached Funding Source Section of CFDA Amount Statute Number FHWA Transfer to 5307 Urbanized Area 5307-3 20507 $160,000 Formula Grants 5307 - Urbanized Area Formula Grants 5307-2A 20507 $133,787 (2013 and forward) Local $165,787 Local/In-Kind $0 State $0 State/In-Kind $0 Other Federal $0 Transportation Development Credit $0 Adjustment $0 Total Eligible Cost $459,574 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: DOL Decision: DOL Concurs - Certified DOL Review Date: 4/9/2025 DOL Certification Date: 4/9/2025 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, I am making all the determinations and findings required by federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By: 15 Yvette Taylor Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: yvette.taylor@dot.gov Award Date: 4/10/2025 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following information it has submitted to FTA: (a) Statements, (b) Representations, (c) Warranties, (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of this FTA Award, and (4) Agrees to all terms and conditions set forth in this Grant Agreement. Executed By: Jamael Wiley Transit Operations and Planning Manager ORANGE COUNTY NC 4/10/2025 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA I 16 CONTRACT NO,:45615VW VW-TRANSIT BUS PROGRAM STATE OF NORTH CAROLINA APPLICANT'S FEDERAL COUNTY OF WAKE IDENTIFICATION i NUMBER:**-***0327 3 North Carolina Department of Environmental Quality Financial Assistance Agreement This financial assistance agreement is hereby made and entered into this February 24, 2021 by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY(the"Department")and ORANGE COUNTY(the"Applicant"'). 1. Audit and Other Reporting Requirements of the Local Government Commission. If subject to the audit and other reporting requirements of the Local Government Commission pursuant to Article 3 of Chapter 159 of the North Carolina General Statutes (Local Government Budget and Fiscal Control Act), the Applicant understands and agrees that the terms, conditions, restrictions and requirements hereinafter set forth shall only apply to the extent not inconsistent with,or superseded by,the audit and other reporting requirements of the Local Government Commission. 2. Contract Documents. The agreement between the parties consists of this document (the "Contract Cover") and its attachments,which are identified by name as follows: a. State's General Terms and Conditions(Attachment A) b. Department's Request for Proposal ("RFP")(Attachment B) C. Applicant's Response to RFP,including scope of work,line item budget,budget narrative and,if applicable,indirect cost documentation (hereinafter referred to generally as the"Award Proposal")(Attachment C) d. Notice of Certain Reporting and Audit Requirements(Attachment D) e. APPLICANT'S Conflict of Interest Policy(Attachment E) Together, these documents (the "Contract Documents") constitute the entire agreement between the parties (the "Agreement"),superseding all prior oral or written statements or agreements. Modifications to this Contract Cover or to any other Contract Document may only be made through written amendments processed by the Department's Financial Services Division. Any such written amendment must be duly executed by an authorized representative of each party. 3. Precedence Among Contract Documents. In the event of a conflict or inconsistency between or among the Contract Documents,the document with the highest relative precedence shall prevail. This Contract Cover shall have the highest precedence. The order of precedence thereafter shall be determined by the order of documents listed in § 2 above, with the first-listed document having the second-highest precedence and the last-listed document having the lowest precedence. If there are multiple contract amendments,the most recent amendment has the highest precedence and the oldest amendment has the lowest precedence. 4, Contract Period, This Agreement shall be effective from February 24,2021 to February 24,2023,inclusive of those dates. 5. Applicant's Duties. As a condition of the grant award,the Applicant agrees to: a. Undertake and deliver the grant award project,plan or services as described in the Award Proposal(Attachment C), adhering to all budgetary provisions set out therein throughout the course of performance. b. Ensure that all award funds are expended in a manner consistent with the purposes for which they were awarded, as described more fully in the attached Contract Documents. The contract documents attached hereto may at limes use alternative terms to describe the Applicant. Such terms might include,but are not necessarily limited to,the following(in common or proper form):"recipient,""applicant,"or"participant." Page I of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 17 EE CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM I c. Comply with the requirements of 09 NCAC 03M.0101,etseq. (Uniform Administration of State Awards of Financial Assistance), including, but not limited to, those provisions relating to audit oversight, access to records, and availability of audit work papers in the possession of any auditor of any recipient of State funding. d. Comply with the applicable provisions of Attachment D,Notice of Certain Reporting and Audit Requirements. e. Maintain all records related to this Agreement (i) for a period of five (5) years following the date on which this Agreement expires or terminates,or(ii)until all audit exceptions have been resolved,whichever is longer. f. Comply with all laws, ordinances, codes, rules, regulations, and licensing requirements appilcabie to its performance hereunder and/or the conduct of its business generally, including those of Federal, State, and local agencies having jurisdiction and/or authority. g. Obtain written approval from the Department's Contract Administrator (see § 14 below) prior to making any subaward or subgrant not already described in the Award Proposal. h. Ensure that the terms, conditions, restrictions and requirements of this Contract Cover, including those incorporated by reference to other Contract Documents and/or applicable law,are made applicable to,and binding upon,any subApplicant who receives as a subaward or subgrant any portion of the award funds made available to the Applicant hereunder. 1. Take reasonable measures to ensure that any subApplicant(i)complies with the terms,conditions,restrictions and requirements set forth in this Contract Cover, including those incorporated by reference to other Contract Documents and/or applicable law,and (ii)provides such information in its possession as may be necessary for the Applicant to comply with such terms, conditions,restrictions and requirements. $. Historically Underutilized Businesses. Historically Underutilized Businesses (HUBS) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s)of the categories.Also included In this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 14313-1361(x),143-48 and 143-128.4,the Department invites and encourages participation in this procurement process by businesses owned by minorities,women,disabled,disabled business enterprises and non-profit work centers for the blind and severely disabled.This includes utilizing subcontractors to perform the required functions in this contract.Any questions concerning NC HUB certification,contact the North Carolina Office of Histor.icailY Underutilized Businesses at(919)807-2330. 7. Department's Duties. The Department shall pay the Applicant in the manner and amounts specified below and in accordance with the approved budget set forth in the Award Proposal. 8. Total Award Amount. The total amount of award funds paid by the Department to the Applicant under this Agreement shall not exceed NINETY-THREE THOUSAND FIVE HUNDRED DOLLARS ($93,500.00) (the "Total Award Amount").This amount consists of: Funding: Type of Funds Funding Source CFDA No, Receipts VW-TRANSIT BUS PROGRAM N/A Account Coding Information: Dollars GL Company GL Account GL Center $93,500.00 1602 536989 2350-3502 Applicant Matching Information: Page 2 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 18 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM [ } a,There are no matching requirements from the Applicant. [ ] b.There are no matching requirements from the Applicant; however, the Applicant has committed the following i match to this project: i In-Kind $ Cash $ Cash and In-Kind $ Other/Specify: $ [X} c.The Applicant's matching requirement is$,which shall consist of: In-Kind $ Cash $16,500.00 Cash and In-Kind $ other/Specify: $ [ ] d.The Applicant is committing to an additional to$complete the project orservices described in the Award Proposal, Based on the figures above,the total contract amount is$110,000,00. 9. invoice and Payment. The award funds shall be disbursed to the Applicant in accordance with the following provisions: a. The Department shall reimburse the Applicant for actual allowable expenditures,with the Department retaining a minimum of ten percent(10/) of the Total Award Amount until all grant-related activities are completed and all reports/deliverables are received and accepted by the Department. As used herein, "allowable expenditures" are expenditures associated with work conducted to meet performance obligations under this Agreement, provided such work is carried out in a manner consistent with the Award Proposal. The Department may withhold payment on invoices when performance goals and expectations have not been met or when the manner of performance is inconsistent with Attachment C. 10. Applicant's Fiscal Year. The Applicant represents that its fiscal year is from July 1 to June 30. 11. Availability of Funds.The Applicant understands and agrees that payment of the sums specified herein shall be subject to,and contingent upon,the allocation and appropriation of funds to the Department for the purposes described in this Agreement. 12. Reversion of Unexpended Funds. The Applicant understands and agrees that any unexpended grant funds shall revert to the Department upon termination of this Agreement. 13. Supplantation of Expenditure of Public Funds. The Applicant understands and agrees that funds received pursuant to this Agreement shall be used only to supplement, not to supplant,the total amount of Federal, State and local public funding that the Applicant would otherwise expend to carry out the project or services described in the Award Proposal. 14. Contract Administrators. Each party shall submit notices,questions and correspondence related to this Agreement to the other party's Contract Administrator. The contact information for each party's Contract Administrator is set out below. Either party may change its Contract Administrator and/or the associated contact information by giving timely written notice to the other party. 15. i Page 3 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 19 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM Applicant Contract Administrator Department's Contract Administrator Theo Letman Melanie Henderson Orange County Department of Environmental and Natural Air Quality 600 NC 86 217 West Jones St. Hillsborough, NC 27278 Raleigh, NC 27699 Telephone: (919)245-2007 Telephone: (919)707-8419 Email:tletman@orangecountync.gov Email: melanie.henderson@ncdenr.gov 16. Assignment. The Applicant may not assign its obligations or its rights to receive payment hereunder. 17. Procurement. The Applicant understands and agrees that all procurement activities undertaken in connection with this Agreement shall be subject to the following provisions: a. None of the work or services to be performed under this Agreement involving the specialized skill or expertise of the Applicant shall be contracted without prior written approval from the Department. b. In the event the Applicant or any subreciplent of the Applicant contracts for any of the work to be performed hereunder,the Applicant shall not be relieved of any duties or responsibilities herein set forth. c. The Applicant shall not contract with any vendor who is restricted from contracting with the State of North Carolina pursuant to N.C.G.S.§§143-133.3,143-59.1, 143-59.2 or 147.86.60. 1$. Subawards. The Applicant understands and agrees that any subaward or subgrant of any portion of the financial assistance provided hereunder shall not relieve the Applicant of any duties or responsibilities herein set forth. 19. Title VI and Other Nondiscrimination Requirements. Throughout the course of its performance hereunder, the Applicant shall comply with all applicable State and Federal laws, regulations, executive orders and policies relating to nondiscrimination,including,but not limited to: Title VI of the Civil Rights Act of 1964,as amended; Civil Rights Restoration Act of 1987, as amended; Section 504 of the Rehabilitation Act of 1973,as amended; Age Discrimination Act of 1975, as amended; Titles II and III of the Americans with Disabilities Act of 1990,as amended; Title IX of the Education Amendments of 1972,as amended; Part III of Executive Order No.11246(September 24, 1965),as amended;and Section 13 of the Federal Water Pollution Control Act Amendments of 1972. In accordance with the above laws and their implementing regulations,the Applicant agrees to ensure that no person in the United States is, on the basis of race,color, national origin,sex,age or disability,excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity for which the Applicant receives Federal assistance. For purposes of this provision, "program or activity"shall have the meaning ascribed to that terra under Federal law(see 42 U.S.C.S.§2000d-4a). The Applicant understands and acknowledges that, in addition to itself, any lower-tier recipient of the financial assistance provided hereunder must also comply with the requirements of this section. Accordingly, the Applicant Page 4 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 20 CONTRACT NO.t45615VW VW-TRANSIT BUS PROGRAM j agrees to include a similar provision in any financial assistance agreement made with any lower-tier recipient of such assistance. I 20. E-Verify. To the extent applicable, the Applicant represents that it and each of its subApplicants, contractors and/or subcontractors performing work pursuant to, or in association with, this Agreement are in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes,including,in particular,the requirement that certain employers verify the work authorization of newly hired employees using the Federal E-Verify system. i 21. Termination by Mutual Consent. This Agreement may be terminated by mutual consent of the parties, provided the consent is documented in writing and duly executed by an authorized representative of each party. 22. Survival. Any provision contained in this or any other Contract Document that contemplates performance or observance subsequent to the termination or expiration of this Agreement shall survive the termination or expiration hereof and continue in full force and effect. 23. Signature Warranty. The undersigned represent and warrant that they are authorized to bind their principals to the terms and conditions of this Contract Cover and the Agreement generally,including those incorporated by reference to applicable law. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by the duly authorized representative in duplicate originals,one of which is retained by each of the Parties. ORANGE COUNTY NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Docusigned by: 13y BB6D023B689A466... Applicant's Signature Signature of Department Head or Authorized Agent Tommy Kirby _.Purchasing Director Printed Name and Title Printed Name and Title Ol/IC lDdr%T� //�/ISPb�{lr ��✓!✓z°f!/f�f Financial Services Division. Purchasing and Contracts Organization Division/Section ORIGINAL Page 5 of 26 I DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 21 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM i Attachment A f General Terms and Conditions Governmental Entities i DEFINITIONS Unless indicated otherwise from the context,the following terms from a State agency, department, or institution but shalt have the iotfowing meanings in this Contract. All definitions does not include any non-State entity subject to the are from 9 I+iCAC 314.0102 unless otherwise noted, If the rule or audit and other fepotUAg requirements of the Local j statute that Is the source of the definition is changed by the Government Commission. For other proposes in this adopting authority,the orange shag be incorporated herein. Contract,'Grantee'shall mean the entity identified as (1) "Agency" (as used in the context of the definitions one of the parties hereto. For purposes of this below) means and includes every public office,public contract, Grantee also inches other State agencies officer or official(State or local,elected or appointed), such as unNersities. trrslitution, board, commission, bureau, council, (11) 'Grantor" means an entity that provides resources, department,authority or other unit of government of the general4 financial,to another entity in order to achieve State oa of any county, unit, special district or other a specid goal or objective. political sub-agency of government. For other {12)"Non-State Entity"has the meaning in N.C.G.S. 143C- purposes in this Contract, "Agency'means the entity 14(d)(16):A firm,torparakm,partnership,association, identified as one of the parties hereto_ county, unit of local government, public authority, or (2) 'Audi#' means an examtnation of records or financial any other person,organization,group,or governmental accounts to verity their accuracy. entity that is not a State agency, department, or (3) "CerlAcation of Compliance'means a report provided ins6lution, by the Agency to the Office of the State Auditor that (13) 'Public Authority'has the mearg in N.C.G.S. 159- states that the Grantee has mel the reporting 7(10)_ A municipal corporation that is not a unit of tACat requirement estabFshed by this Subchapter and government of a basal governmental authority, board, bearded a statement of certification by the Agency and mmWsston, ccvndl, or agency that {) is not a copies of the submitted grantee reporting package. muntcipaf corporation, (11) is not subject of the State (4) "Compliance Supplement'refers to the North Card.Sna Budget Act,and(iii)operates on an area, regional,or State Compliance Supplement,maintained by ft State multiunit basis, and the budgeting anal accounting and Local Govemnient Finance Agency within the systems of which are not fuhy a part of the budgeting Naflh Carolina Department of State Treasurer that has and accounting systems of a unit of local government. been developed in cooperation with agenaes to assist (14) 'SMgie Audit' means an audit that includes an the local auditor in Identifying program compliance examinations of an organizations financial statements, requirements and audit procedures for testing (hose Internal corilrads,and compliance with the requirements requirements. of Federal or State awards. (5) 'Contract" means a legal instrument that is used to (15) "Special Appropri amen' means a le&tafive act reflect a re6agonship between the agency,grantee,and authorizing the expenditure of a designated amount of sule-grantee. public funds tar a specific purpose. (6) "t=-ascal Year'means the annual operating year of the (1g) 'State Funds' means any funds appropriated by the non Slate entity. North Carolina General Assembly or collected by the (7) 'Financial Assistance' means assistance that non- State of North Carolina. State funds include federal State entit5es receive or adminsster in the form of financial assistance received by the State and grants, Loans, loan guarantees, property (including transferredor disbsysed to non-State entities. Both donated surplus property), cooperative agreements, Federal and State fo4s maintain ftseir identify as they behest subsidies,assurance,food cornmodhies,dsrect are sub-granted to other organszat€ons. Pursuant to appropriations, and other assistance. Financial N.O.G.S. 1430-6-23(a)(1), the terms 'State grant assistance does not include amounts received as funds"and"State grants`do not br c ude any payment reimbursement for services rendered to Individuals for made by the Med'caid program, the Teachers' and Medicare and Medicaid patient services. State Employees'Comprehensive Major Medical Plan, (8) 'Frnancial Statement' means a report providing or other similar medical programs. financial stalsstfcs Wative to a given part of an orgarkatioRs operations or status. (17) 'Sub-grantee" has the meaning in G.S. 143C-6- (9) 'Grant" means financial assistance provided by an 23{a)(4): a non-Stale entity that receives a grant of State funds from a grantee or from another sub-grantee agency,grantee,or sub-grantee to carry out activities but does not include any non-State entity subject to the whereby the grantor anticipates no programmatic audit and other repod€ng requirements of the Local �rmlvement with the grantee or sub-grantee during the performance of the grant. Government Commission. (10)"Grantee"has the meaning in G.S. 143C-6-23(a)(2):a non-Stale entity that receives a grant of State funds Page 6 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 22 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM Attachment. (118) "Unit. of Local Government has the meaning in G.S, turd person receiving services or benefits udder this Contract is 158.7(b)(f5), A munioa€ corporation that has the an Incidental beneficfasy ontp. power to levy faxes, including a consolidated city- county as defined by G.S. 160B-2(1),and all boards, agencies, commissions, authorities, and institutions Indemnity thereof that are not muniapal corporations. Indemnification, In the event of a ciasn against either party by Refatlonships of the Parties a third party arising out of this contract,the party whose ac5ans gave rice to the claim is responsible for the defense of the cWrn Independent Contractor: The Grantee is and shall be deemed and any resulting HaNlity,provided that a party may not waive the to be an Independent contractor trr the performance of th� other party's sovereign Immunity or singar defenses. The parties Contract and as such sha0 be whaby responsible for the waA to agree to consult with each other over the appropriate lhand ig of be performed and for the supervision of its employees, The a ciatrn and,in tate event they cannot agree,to consult with the Grantee represents that it has, or shall secure at Its awn Office of the Attorney General. expense,all persoramet required in performing the servsces under this agreement.Such employees shall not be employees of,or Insurance: During the term of the contract,the Grantee at have any individual contractual r0atonship With,the Agency, its sole cost and expense provides commercial insurance of such type and with such terms and limits as may be Subcontracting: To subcontract work to be performed under reasonably associated with the contract. As a minimum, this contract which involves ire specialized skill or expertise the Grantee prov°ifdes and maintains the following coverage of the Grantee or his employees, the Grantee first obtains and limlts� prior approval of the Agency Contract Admtrtistrator, In the event the Grantee subconiracts for any or all of the services (a) Worker's Compensation: The Grantee provides or activities covered by this contract:(a) the Grantee is not and maintains Worker's Compensation relieved of any of the dufies and responsibi€hies provided In Insurance as required by the laws of North this contract; (b) the subcontractor agrees to abide by the Carolina,as well as employer's liabPity coverage standards contained herein or to provide such information as with minimum limits of $500,000,00, covering to allow the Grantee to comply with these standards,and;(c) all of Grantee's employees who are engaged in the subcontractor agrees to allow state and federal authorized any Work under this contract. If any work is representatives access to any records pertinent to its role as sublet, the Grantee requires the subgrantee to a subcontractor. provide the same coverage for any of his ern&yees engaged in any worts under this Sub-grantees:.The Grantee has the responslHity to ensure that contract, a0 sub-grantees, if any, provide all informabon necessary to (b) Commercial General Liability. General Liability permit the Grantee to comply with the standards set forth in this Coverage on a Comprehensive Broad Form an an Contract oecutrence basis in the minimum amount of$1,000,000.00 Combined Sing-le Limit- Assignment: The Grantee may not assign the Grantee's (Defense cost shall be in excess of the limit of obligations or the Granteets right to receive payment hereunder. Isabst�ty.) However, upon Grantee's written request approved by the. (c) Automobile: Automobile Liability Insurance, to Issuing purchas authority,the Agency may: include liabifity coverage, covering all owned; (a) Forward the Grantee's payment check(s)&ecfly to any hired and non-owned vehicles used in parson or entity designated by the Grantee,or performance of time contract. The minimum combined single limit is$500,000.00 bodily injury (b) Include any person or entity designated by Grantee as and property damage; $500,000.00 a Joint payee ors the Grantees payment ched(s). uninsuredfunder insured motorist;and$25,000.00 Such approval and action does not obligate the State to anyone medical payment. other than the Grantee and the Grantee remains responsible for providing and maintaining adequate insurance fulfillment of all contract obligations. coverage is a maleriial obligation of the Grantee and Is Beneficiaries: Except as here s eciFca of the essence of this contract. The Grantee may Bene p p 5y provided otherwise, meet its requirements of maintaining specified this Contract inures to the benefit of and is binding upon the coverage and limits by demonstrating to the Agency parties hereto and the;r respective successors. It is expressly that there is In farce insurance with equivalent understood and agreed that the enforcement of the terms and coverage and limits that will offer at least the same concRons of V4 Contract,and a0 Nhls of action relating to such protection to the Agency. Grantee obtains Insurance enforcement,are strlctly reserved to the Agency and the named that meets all caws of the State of North Carolina. Grantee. Nothing contained in We document shall give or allow Grantee obtains coverage from companies that are any claim or right of action whatsoever by any other third person.. authorized to provide such coverage and that are It Is the express intention of the Agency and Grantee that any authorized by the Commissioner of Insurance to do business In North Carolina.The Grantee complies at Page 7 of 26 I DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 23 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM Attachment A I I I all times with the terms of such insurance policies, Force Majeure. Neither party is lin default of its obligations and all requirements of the insurer under any such hereunder if it Is prevented from pertorming such obligations by insurance policies, except as they may conflict with any act of war, hosRe foreign action, nuclear explosion, riot, existing North Carolina laws or this contract. The strikes,civil insurrection,earthquake,hurricane,tornado,cy other limits of coverage under each insurance polity catastrophic natural event or act of God. maintained by the Grantee do not limit the Grantee's liabiRy and obligations under the contract. Survival of Promises: All promuses, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration Default and Terni€nation or termination date unless specifically provided otherwise herein, or unless superseded by applkatie f=ederal or State statutes of Termination by Mutual Consent: Either party may terminate limitation. this agreement upon sixty(90) days notice in writing from the other party. in that event, a6 finished or unfinished Intellectual Property Rights documents and other materials,at the option of the Agency, be submitted to the Agency. If the contract Is terminated as Copyrights and Ownership of Deliverables: Any and all provided herein, the Grantee is paid in an amount which copyrights resulting from work under this agreement shall bears the same ratio to the total compensation as the belong to the Grantee. The Grantee hereby grants to the services actually performed bear to the total services of the North Carolina department of Environmental Quality a Grantee meted by this agreement; for costs of work royalty-free, non-exclusive, paid-up license to use, publish performed by subconiractus for the Grantee provided that and distribute results of wark under this agreement for North such subcontracfa have been approved as provided herein;or Carolina State Government purposes only. for each full day of services performed where comp ensallon is based on each full day of services performed,less payment of Compliance with Applicable Laws compensation previously made, The Grantee repays to the Agency any compensation the Grantee has received which is Compliance with Laws: The Grantee understands and agrees in excess of the payment to which he Is entitled herein. that it is subject to compliance Willi all laws,ordinances,codes, rules,regulations,and licensi•ing requirements that are appbcakte Termination for Cause. If, through any cause, the Grantee to the conduct of its business,includfAg those of federal,state, fails to fulfill in timely and proper manner the obligations and local agencies having jurisdiction anWor authority. under this agreement,the Agency thereupon has the right to terminate this conlract by giving written notice to the Grantee Equal Employment Opportunity: The Grantee understands of such termination and specifying the reason thereof and the and agrees that it is subject to compliance with all Federal and effecErve date thereof. In that event,all finished or unfinished State laws relating to equal employment opportunity. documents.,data,studies, sutveys, drawings, maps, models, photographs, and reports prepared by the Grantee, at the option of the Agency, be submitted to the Agency, and the Confidenfialily Grantee is entitled to receive just and equitable compensation for arty satisfactory work completed on such documents and Confidentiality: As aulhor¢ed by lave, the Grantee keeps other materials, The Grantee is not relieved of liability to the confidential any Information, data, Instruments, documents, Agency for damages sustained by the Agency by virtue of any studies or reporls given to or prepared or assembled by the breach of this agreement, and the Agency may withhold Grantee under fts agreement and does not divulge or make payment to the Grantee for the purpose of set off until such them available to any individual or organicati>on without the prior time as the exact amount of damages due the Agency from written approval of the Agency.The Grantee acknowledges that such breach can be determined. in receiving, sioring, processing or otherwise dealing with any confidential€nformattion it w€il safeguard and not further distlose Waiver of Default: 1W&er by the Agency of any default or ttre information except as otherwise provided in this Contract or breach M compliance with the tears of this Contract by the without the prior written approval of the Agency. Grantee is not a waiver of any subMuent default or breach and is not a modificatJon of the terms of this Contract unless stated to Oversight be such in orating,signed by an authorized representative of the Agency and the Grantee and attacked to the contract. Access to Persons and Records.,The State Auci tar and the using agency's internal audifoas shall have access to persons Availability of Funds: The parties to this Contract agree and and records as a result of all contracts or grants entered into understand that the payment of the sums specified in this by State agencies or political subdivisions in accordance with Contract is dependent and contingent upon and subject to the General Statute 147-64.7 and Session Law 2010-194,Section appropriation,allocation,and availability of funds for this purpose 21 (i.e.,the State Auditors and internal auditors may audit the to the Agency. records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).The Contractor shall retain all records for a period of six(6)years Page 8 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 24 CONTRACT NO.,.45615VW VW-TRANSIT BUS PROGRAM Attachment A following completion of the contract or until any audits begun Time of the Essence:Time is of the essence in the performance during this period are completed and findings resolved, of this Contract, whichever is tater. Care of Property: The Grantee agrees that it is responsible Record Retention: The Grantee may not destroy, purge or for the proper custody and care of any State owned property dinpose of records without the express written consent of the furnished him for use in connection with the performance of Agency. State basic records retention policy requires all grant his contract and will reimburse the State for its loss or records to be retained for a minimum of six(6)years or unt:�l at damage. audit exceptions have been resolved,whichever is longer. If the contract is subject to Federal policy and regulations, record Ownership of equipment purchased under this contract rests retention may be longer than six(6)years since records mutt be with the Grantee. Upon approval of the Agency Contract rel6ned for a period of three years following submission of the Administrator, such equipment may be retained by the final Federal Financial Status Report,it applicable,or three years Grantee for the time the Grantee continues to provide following the submission of a revised final Federal Financial services begun under this contract. Status Report. Also,if any bligabon, claim, negotialon, audit, dasallbwance action, or other action involving this Contract has Travel Expenses:All travel,lodgng,and subsistence costs are started before expiration of the six (6) year retention period included in the contract total and no additional payments will be described above,the records must be retabred unbi completion of made in excess of the contract amount indicated in above. the action and resolution of al issues which arise from it,or unt? Contractor must adhere to the travel, lodging and subsistence the end of the regular six (6) year period described above, rates estaVshed in the Budget Manual for the State of Borth whichever is later. Carolina. Time Records:The GRANTEE YA3 maintain records of the time SaleslUse Tax Refunds: If er4ble,, the Grantee and all sub- and effort of each employee receiving compensation from this grantees shall (a) ask the North CaroEna Department of contract,in accordance with the appropriate OMB circular. Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to G.S.105.164.t 4; Miscellaneous and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their Choice of Law: The validity of this Contract and any of its terms reimbursement reports. or provisions,as well as the rights and duties of the partles to Ws Contract, are governed by the laws of North Carolina. The Advertising: The Grantee may not use the award of this Grantee,by signing this Contract,agrees and submits,solely for Contract as a part of any news release or commercial matters concerning this Contract, to the exclusive)taisdiclion of advertising- the courts of North Carolina and agrees,solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake Recycled Paper. The Grantee ensures that all publications County, North Carolina. The place of this Contract and all pmduced as a result of this contract are printed double-sided on transactions and agreements relating to 9, and their situs and recycled paper, forum,shall be Wake County,North Carolina,where all matters, whether sounding in contract or tort, relating to the validity, Sovereign Immunity: The Agency does notwaive its sovereign construction, interpretation, and enforcement shall be immunity by entering into this contract and fully retains all determmed_ immunities and defenses provided by law with respect to any actoA based on this contract_ Amendment: This Contract may not be amended orally or by perfcemance. Any amendment must be made in written form and Gratuities, Kickbacks or Contingency Fee(s): The parties executed by duty authoraed representatives of the Agency and oer i and warrant that no gratuities,kickbacks or contingency the Grantee. fWs)are paid i t connection with this contract,nor are any fees, cornm5isions,gifts or other considerations made contingent upon Severability: In the event that a court of competent jurisdiction 6M awaed of this contract holds that a provision or requirement of this Contract violates any applicable law,each such provision or requirement shall continue Lobbying: The Grantee certifies that it(a)has neither used to be enforced to the extent it is not in violation of law or is not nor will use any appropriated funds for payments to lobbyist; olherwise unenforceable and all other provisions and (b) will disclose the name, address, payment details, and requiremerits of this Contract shall remain in full force and effect. purpose of any agreement with lobbyists whom the Grantee or its sub-tier contractoris) or sub-grantees) will pay with Headings: The Soction and Paragraph headings in these profits or non-appropriated funds on or after December 22, General Terms and Conditions are not material parts of the 1963; and (c) will file quarterly updates about the use of agreement and should not be used to construe the meaning lobbyists if material changes occur In their use. thereof. Page 9 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 25 CONTRACT NO.:4553.5VW VW-TRANSIT BUS PROGRAM Attachment A 1 i i By Executive Order 24,issued by Governor Perdue,and N.C. G.S.§ 133-32: it is uniavful for any vendor or writractor(i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier,or vendor),to make gifts or to give favors to any Slate employee of the Governors Cabinet Agencies (i.e., Administration,Commerce,Coreecton, Crime Control and Public Safety, Natural and Cultural Resources, Environmental Quallty, ! Health and Human Services, Juvenile dustke and Delinquency Prevention, Revenue, Transportaton, and the Office of the Governor). This prohibition corers those vendors and contractors who: (1) have a contract with a governmental ager*,,cc (2) have performed under such a corntract iVe hin the past Year;or (3) aritkfp+ate Wdd'ng an such a contract in the future_ For additonal inforrnat5on regarding the specific requirements and exemptions, vendors and omtractars are encouraged to review Executive order 24 and G.S.See.133-32. Executive Order 24 also encouraged and bhWed other State Agencies to implement the requirements and prohibibons of the Executive Order to their agencies. Vendors and contractors shoal contact other State Agencies to determine if those agencies have adopted Executive order 24.' Page 10 of 26 000u8ignEnvelope ID:C8o8u58E-no18-4roC-9As1'15A0s32A1uBA 26 coNTRAcTNO.:45615VVV VW-TRANSIT BUS PROGRAM Attachment Diesel Bus&Vehicle Program RFP Download the RFP Page 11of28 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA i 27 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM i Attachment B i i pYMiLanunadc Conditions 11 ■111 r i FV2019 Phase 1 VW Diesel Bus& Vehicle Prograrnmatie Reporting Conditions The recipient agrees to comply with the FY2019 Phase I Diesel Bus& Vehicle Programmatic Terms and Conditions available at: Ittipsait"ales.aac,gitt'lt�cdcil!tlia`�5�21){�t.t�rlitt'1€��c�[efrl�;rcints'Iile��l11��'lN�.rr�h-C'urE�lin�r-�'��lk:;tar.��n- cttlefaaent-PraS rar3at t� [-Phase-1406171().pdf The reporting requirements below supersedes the reporting requirements in the FY2019 Phase Diesel Bus&Vehicle Program RFI'. GRANT-SPECIFIC PROGRAMMATIC REPORTING REQUIR11;MENTS The following requirements have been added: A. Replacernent engine repowers,equipment or vehicle certification/verifEcatiorti. Replacement engine repowers,equipment,or vehicle(s) funded by the recipient pursuant to this assistance agreement must certified by EPA and, if applicable,CARE. Technologies ora:verified tinder PPA or Cadiromia's Retrofit Technology Verification Programs. B. Quarterly Reporting Requirement All project award recipients will be required to submit quarterly reports oil the status of their project to NC DEQ until the final project report is submitted.Quarterly reports will be submitted to NC DEQ within 14 days after the enol of each quarter, Reporting quarters enol March 31,June 30,September 30,and December 31. Failure to submit required reports will result in NC DEQ suspending the acceptance of any new applications from the applicant.A template for the semiannual report will be provided on the website, kths: /dc .lie, �i7aiyE��setticraacnt!(earr�ls, G Annual Electric EquipmentNehicte Usage Reporting Requirenttnt Recipients ofelectric vehiclelequipment are required to submit annual reports on both the vehicles and the associated infrastnICILIM usage data to NC DEQ far the previous 12 months on January 30`x'of catch consecutive year for a five-year period after the electric equipment./vehicle is in operation. Annual reports will be submitted to NC DEQ by January 30`x'each year for five years.Acceptance of new applications from the recipient will be suspended if reporting requirements are nol met. Once the funding recipient Corrects the failure to submit reports the suspensions will be lifted.This form should be a summary of vehicle/equipment activity to track the perf'orntance,operation,and maintenance,The following Bala will be collected: Page 12 of 26 E DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 28 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM Attachment B E Days of usage, Mileage, • Electricity usage(kW used charging,cost,number of Cycles per vehicle)as well j Lis kW per hour/per mile, • Training provided to drivers and maintenance staff, + Out of service days,and Maintenance costs(tires,inspections,batteries,air-filters,brakes,and/or other). D. )rinul Report Requirements A final project report will include a narrative sununary of the project or activity,project results(outputs and outcomes)including final emissions benefit calculations,and the successes and lessons learned for the entire project, F"or projects involving vehicle/engine/equipment replacement or repowcr the recipient must provide in the find report: a. Evidence of appropriate vehicle/engine/equipment scrappage.Complete and include NC DAQ Fort 001 Certificate of Destruction with required photographic evidence ofvehicle(s)destruction. b. Photographic evidence of now vehicle/engine/equipment purchased.Complete and include NC DAQ Fond 003 Certificate of Purchase with required photographic evidence of new veliicle(s). A template for the final project report will be made available by NC DEQ oil our webpage,lit[7s;1/dc�.iic. col�Ftiv-sLtticr€�ca�tlft�z �7s. I Page 13 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 29 CONTRACT NO„,45615VW VW-TRANSIT BUS PROGRAM Attachment C E 1'bi-tse I Diesel Bus and Vehicle 1'o rx�r rrra€,f.rll>Irltcrrtinrt PlQww..nae appfi42adonN are out cowidoFQd c%)nfili4 titial business irsti.iMiation- All rc. ite,iapplic atiwris and oswciiati�al a ri� ,public seewd pos Noilh C.'avollita Cloiior al Stutolos§132-1,except iif "CUTAi&Wictl"or"Inide.s.curct"data us de.lineal and clu iiliecl in Nuath C°irolin a Cisnurul.StulfWc.,➢ j N66-1 S2(3)wid tlitl't 1:10 indiv:trwd as Aicli by lab the drill.of khe illi€ital r�.t�utc.aiplalieia€ic�i � Nubmiltul. Applicant Contact Information Proj cut Title NCID l tecita�4ir tl8 ulat[11y .. ,. °Litnan�lcalt � ,�Ji Orbalnization Name Orguniaation Tarx Idenlilwolion Dumber(TIES) CiIEY �"iXIItl1�N, Crt Orgunizatition Mai !n Aa4dres 111 lid City state Zits Code. V .. Authorized RiPrrv:tcntaative Name: Authoriyed Representative.E-mail Aadre—ss zcxl Re}stikartnuaivc Phone Numb-or Pr sj-ect MtxoRger Name (primaryy c unmet) Prgje'l Manager E-null Address Pro1o:t fanagpr Phorie Number Financial Conluel Name Financial Conlaret E-mail Address Finaarta`iul Cont ...:. av;t Phone N[tnabcRr alla �aaauaiultcex . 777777 Project Details I'rownani Tyne Eligible,Applicant Terse Traji it nuc R,cplacs mem(ENIA-2h) Qa+ursuiielit VehicWNuipm-ont Type: Project Tylx Olass 4-8'rranclt Bus ReplaceMent(EMA-2b) Vehicle Replacement WK 0- Lklurimcrt of Em Qgmlily,Divi�iuu k:,rAir Qwlity August 2,21]19 1 Page 14 at 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 30 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM Attachment C i i Project Location(where eguiflltteat Will be stored wid/ur us d) Strcrl Addres.,w city ('Ourily Zip 0XIC Itllt$tu)r�rtr It Olinge i i Project Budget Matching Other Budget Item Project Requested E tools Other t~itnditEg Total Funds (ynur(lrg} Funding (Specify) New equipment.tvehicic/Crigine S 330,000.00 280,5W.00 S 49,500.00 $ 0,04 Infrastructtlre costs(only for toll-electric 0.00 0.00 Q• �.�� 0,00 v�Ncle replacement or repoWer)" P Other $ 0.00 $ 0.00 $ 0.00 $ 0.00 'Total Project Budget S 330,000.00 280,500.00 $ 49,500.00 0.00 'l'Ic:rsc InehAo ui:ill lltuchnient.iltc ilcntircd iv.-As titr any it itre.ted clarglrlg in l'l:+.tru>uas:trysts avtk:bte;t uXhh all lrtl.l.crrly rg%kiwowlit 4M lctxmcr Ivroi„1 One c'hsgO allame,l ryt vdiid, rorWoiAgnt or€elwkc€, IX-pMnea o!1-minvirwwAl OwNly,Deviszco of Mr( mky Au�v�t 2,2 119 Page 15 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA i 31 CONTRACT NO.;45615VW VW-TRANSIT BIDS PROGRAM Attachment C 2019 North Carolina IJV Settlement Pr ogr fart Plarr_s'e 1 l:i•!"el Bus and V lricle Ps-agivun.s Algylication Project Details {qty stions I.S ata riqulml. Tltc a 9ierttions uilh 4s1.uttnehed"in lierrofeomli[sle nplillcati�ris will NOUN cow idrnd. Opilonnl attaelilu.[iii boold tlsc the nwiliint'siruCiure del Alec in the Req wd Atuel a eros sec(ion.) 1. Pleu&c provide a tdutailed description ol'11w profused project, 919 oui ol'3317 [Hinge.Courtly]'ubiic'fninsporl Ilion is currently relying on vAivIcs that tars-pu,t their intcndrd service.I i1t.This is why 1111 C'otrnly Is Nquzsfing to replwe ihnr.ofatir 209 diesel light transit vehicles titith lhrse lip-to.dgle obit diesel vchicici..This %vill allow the Cgtlnly to conliluea dnily,gip.,lations wilh a tnory resilisnt sct ofvellielci.tithe improving the WrVices and fr equeney of service for our customers._Updiling thov..th€ec old diesel vehicles will also ullrrwv fist I SOIX,il"Prnremmil in emissions overrn eslinuited 162,O00 total serviee miles during the uext 3 years.Tho upineemut vehicles will operate throaphout Ofangs Cuunty srrr twth our Fixed Routh alul Pariluallsit scrvieo.Additionally,the new voltieles will lmproyc ilwe rirl4rcxpsrisitsc in ourtransit systsn,m filce down-lima unit improve the reiiamity orolif tnnsil servicc,and oriltaiwe=c: is and nisrlrillty°ivilhin the ser Ovesie-a, -+ Mquf nient of EnvirennWnul Qwlity,tDitii5zun orAir Qku ikY Autvusr 2.2019 3 Page 16 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 32 3 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM j Attachment C 2. Explaiti how this:mgtfest fits into North Carolir a'x Beneficiary Mitigation Plan, vi a;ait rat't�i�? Accoxiing to deli rvlea-"in Norlh C:urolinrt's 13elicfaciury N ligiidon flan,omogs couifly sprats nrnme tilt tap 11)Iwoali Caroliilla i Cd unlicii al[Mcd by the CxVeS.QVe KOx emissions produoud by Ws 2 and 3 litre'diesel engines,Utilizing I.lic Plime..I "Tra nsk I bu-;replavenient proydrin"Ornngo County will orea,lly rCdlucr NOx cfak -111 of Mir transit ffoet by reprlucing-A of its Bildt-osl, largest,and must highl}�uscdl diesel rehtcles.Additimially,this reCitncclncnt allows Oraiigc counly ki avhic'v(IV C41-hrlclikW reducing emlxm Croissivas„as swell as other ef-1zri.aa air pullulunts.Ulitlniing 4mr f1Cet through lliis E'l;int.fir Mobility prisjei:l will i iv-duee KOx enfl:ta ons Ban tL tie routes by 8031.and czuboa enlissions by Wi,uca otding to reikjlt_s liotu lbe.EPA Diesel Enfi"Mons �unoti>rer. I i i i 3. What is tete lie elihoodl[lint the.prtsjt!e.t of Al ittsreiitiwi?e Wttire indirevt NOx kende other etnission t 4duA lityrl3? Thal is, wiI1(heti ho Ilie bviginning or c{}11Iisitiali(art Of ti IrtinSitiort caf tete fled Itf tits,all emativr: Iital sir elcelr'reit�`? Its r�, itl�;lsi; provide cl tilils, 1104 ow(if 1562 Purulinsing vIe-nn do-sd:t buks will alij!"wlth 111Q:Foal twlal,lisiw-d by Ontlige C'ounll' 10-Cry w, pwk.rvu,anti pw1w a inihiml Cnv1ronnicn1 11181 lnutta kis cletiri iyal r,d'can idr,wild%N,inipDrI Alil n€Alund lands,and Sil-ilaloilble cnzngy fcir prow-w rind lbturc generations".Up�pstding theml three Aald diesel I-juws now is a port ol'Un€nge County'-stingoing jtrd>1ultive desire go help nwet thls#onl by tom.wrnlring our[Toot and improve air htmlity in tele way.,Accotdi"s 10 srotark: s rine tlimugh 1110 EPA Dioel tL:niissiom Qauamtinor,this dle-icl bus mpla"wi nl pu jecl achioves MKS oftlhe NO.x rrdlooicins that would brgalmod by trartsilioning to all-elecirle taloses but nt icss tlsaan vi ortho total C051.This roplaverilAmil will 01kStIN one entire ira mil fleet hos slum did sol whnology today and will ix(ve Bis u.bridge.Wallow bile.for(IV C.Itvtric shutter.bim. 111urkei to niuture and for relit~to mine doAA-At that point,the C'aunly will lac,ready 10 traruition to n fully rlectrie 11Cet in 11me Io HIM the C'onlnii lsi,irtrrs'2050 cankniltmenl to we 1,10'a renawvahle vrwtry. M-JUrrniCIA of Exivirrevaiwilia1 QIM tit•,Mviriun r rAir(JuMky Auguq 2.2019 4 Page 17 of 26 i DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 33 CONTRACT NO,:45615VW VW-TRANSIT BUS PROGRAM i Attachment C 4. Am there any stici0aI cit-htno fits ttt'tlw prgi4vet?An lhtri any"sensitive"populations including, hill nail limited tit atsllinlatie s,ehiitirvrt,or hitt:ttldcrly Ilial lire likely w be dlrccily Itenefiled by the priticel? 763 o-tit(if 791 '111C Ic111iRleilY 1Y!K!I Ilse�'l'IlictL'ti I11ti'iLaiL i the 1LIlISlt11�KI!(IFilill{i t't3k 11Fy' ti Ilillitilt il't�'teR 1 Cilitl L'tl litl'ti(till IlfilhllltY}'1S`I�ti %will lie pli,vidcd Itt lilt'lncaililt Alulig tiilll cowintled�wwic,wilt it 1111tie irdiallle Net we can iIM'IL.iK IiH,''l'rc'i11lk:lti'Y Of SMiL!e it)Illese arlam�,thud 111V whicte`i Aw ilrc IIittiillt8 thitlligh tllivmt Cdll'1 IWInKt t.will pteduce W"",k"s. INO't vlrii5'Kitlni• i lw illrev 7019()(T'I'ilaaslt blsws'%w poll"o Ifl rrlthwe ojytfak'cwty d;ly 11'1111111 lit kl,cu.il [111llilltl ltiti;'i lit,wili0ll by Ill,;ITA's FJ SlanVl limnling t("tll IIlbps'"lei"VtwtIxpil jwv"lllt'rl1et"I wf hrilig 11,40pll;l7(It�l i9 111}(if lk:'1 CcWElll;diR 1?l lilll' ilwill1w anti wlillorily'Ilou'whohls%V111110 tit tlt' smile,tinct:lacing nlxwt!the x0th pCicelllill.in twill I'M 1,t and gtollnd.Icl•ct two4w %t"llli'KSi}i1S I I S. {ittajecl Feasibility: Prl1vi&0&'Wtlpltun Of h0111 ytau AS tilt llppiicant Itatc the neCeSSury tecl►nical, managerial,procurement,and financial capability and eXpvrieliee til execute(In ymil`lllxillased pet?jcel, h6N cart of 191 Ehni!},c l'i:t1i111y'has at heft-:st05161t d Inwk rivoid slwi,,ing we have thci teelutiral llilll littmeial callrtcity ttaAvowplel'this prait!cl. Out lilitriiee Itr'llillilic'llt regularly'rrca IYeN slrl"A rating llimii thi:Local(it vviaillellt etiillinls ion,alai!hall'"t`[lit la�xfrtu[ilxt Setviiex K}pC'j117rt 1111"III Ilu"ISi n h'vuFIli/t;d a%II`SlualI I'lecd"4 tilIto III[Ile P3,4 h yVmN%0112018 falld 2019 fc*K'uf;pit hlttfi lit 111c"(htrtllpllin"1 1'c_)which ik their hipliest dt.tindiiali 1m dcalt ITili1"17aliI,ilion imfaltillalwv.hlom.oler,11Yltler the t 1111 Nixirlllli4mi `1-1%ii;-"+ikjultilloll wv ILll'i' Illat W-lit 1wil ulilt 1116 110cl and I»illt'ty o;E1111't1al If'.li'llj73 I/l ltit'i'li 1111mW llratiy tiew t't1nI1'tfes,tit alethr d'i ill tivil Ill Reit(nr�Ital�t gicllt. 61 thew this space ror any Additional inlortrtattion thtlt you bdiovc will be helpful in evaltlathig lite pr(hjcct, (Opt itllla l) 790 clue of 791 The vddclrS that 11e ale mluestiq Iitl)tls tt1 rcllfaec low ineligible lv be lgIhio.%I by the krtdllul WIN Y) upb°Iccnlcat cydc,This k bixalivc-Nesta v hides Vide pllrclut d usctt With high mileage for it vely low plkc flool alluther LT;uicit agency.It is bi�<akl;c of this that it k l:akil'tg loagcT than e.rjarcl"d to located the Sulat liklmix!I oftlle e vehlctea.Ite111acing these ilea vchkke withrdiahtti [Lilt]rW11 tti�-I Mbit~allows us to Burly ayi,lrti ralill,w Well is vital I'm Slur SMice. 1n legards tacalculativil ofaurlual:diewl gallulas ieduee'l,we exte,:lcd ll€at Ilte lww dksel vellido's will I1CIIINnt;al l4ast its O'ichmily'Its lilt!Vwlait l ehld'l S'1('c Am to lgthto.C'onli1ltrhijl 11w ti:i- ill iwevayo niply alid C11l eted nljy'of[lie Ihwe It411` �'cllicles,lvti sla>.dd sec at st1�t iilytl;lvcnt:'+st ' �Y „ `��r� [:k :alnlcl�of i'allinx rtrn# l( ti!}�.❑ftiu-lm tr!'�1ir["lityAugiust 2,21119 S Page 18 of 26 i 1 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 34 j CONTRACT NO,:45615VW VW-TRANSIT BUS PROGRAM Attachment C ['ertl.flcsatlnu The undersigned is an official riuthori2ed to repivwht the upplicant.'rite 1pensoit signing this document roust have lite ialthority to legally hind the applicant or be the designated fiscal ikon(. I fvr iff),that all jsi oIN) ed ac livilies will be ear'rkil r aid„t al u/1 rruinE'y!Y}C'£'lved 11111 be I1t11#zed Well,fr r Melrtr )ot CSV frrr 11-11 1 it fs briendeck t4rd 1 V-01ett the lslirr nhig process trail imlilemenration tt fll lac:rarcrirrterinc�rl crnrisrrlrrrrl fticl%i ien raid DEQ is har ebjo grc nfed aix s trt insarect project .►tics Jr A unclerstood that ff'rha,1)r•tr eel A;wlet•Ped ea conlrael with DEQ will he excFc alert. l f rr-fhev-anew uteri err least 74%Erf t/1c'a"ejrtd,{rtrWJ1i `_S(altar all n still Occur In North Crrrerlirrtr,/in-the liert S 4'4�irr.5, Prim Naiw orAuthovizsd Re: ri;-gentative Title (! � . .. .. 7, larere�trrtScr tsar . Siestur s orAutli.orized Ri reewntative Date. d lIritEk lir+: Required Attachments D'leow attach[lie following do-coments with tlta:filvitaines its indicated in tlso parenthesis, It`then filenaines tire,,oibe:r slum prov'idvd in Aaron livsis„the applivaliun%vill be:rvwmed rot corrections. 1. All Hpplicants intim dutyitload and complete the application worksheet filled 2019VWl1FPDiese'l,As and renautto to include your or iani7alkmi noine and prgjc.t title its follows- (jnrgaiilzat.iotr�rnigtrtiVJ_Jl)rnJcet_title]�'iVlllcs:i~I�npi►t€c�tlon.xls�. 2. Any ilonpruiil applicants required to obtain a Charitable:Solicitation License from tiro North C_'arxilinat PCIN1i'lincot ofthc SircrOary of Statc mirm providc ai cop),o the license and nume tit file With yourorg�anizatlon name and project title as.rollaws. {lorganizal€an i anael_lproject_titlej_4'1 ffiesel_[anprsal•It_lieeuq ,pdp 3. Stave[tris tile and rename to include.your urpjnWiflon nomev and project title as follows: {Jnrgsanixat.€otr nsa[tte�_ g�rn eel i€tit•#_V'�4't)Ic�scl_ntltllcat lomptll). -1. Optional ottochtrrcnts shotilci be named to include your orgonirntio n nnaw,prgJ"t title,gvncral description as fislleiss•4:florgatnization nantelJproject title] Y1i`©Iescl support.lido. 5. For projects requesI ft! I'miding I`or Charging intirastruc:ture kvill)an till-electric replacement or t l'oOwcr,please include an itemized budgeL(One charger allowed for each vehicle re(rlacemem or rclvwcr tcqucstc(l )irfame This attaclimcm to includc your orgimizalion nanic rand project titl4 x5tallows:(Jorgatil:uilion 1i1tmeJ_JproJLv1 title] ti1WDksel eharging_htidget,lit](), All tiles raid unty atdelitiortal Ski purtiriK a 3ocunientattion must be cinaiW to: ave.N`C:4� `fi�lsfilicaitirtri(ci tic bor.gov elle later than 5t40 pan.EtstCrit Time nit Svptentlwr 30,2019. Ni:DEQ internal Use Only Receipt Ditto and Time: Application ID: Assigned to: - � I7.lurinitiittufi=nvinvan3enl.xl Qaality.rJiv6snc,af,'1irCJeuliey Aug•usi 2,2U19 6 Page 19 of 26 f i 1 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 35 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM Attachment C ROY Ccmp[-x NOFM4 CARoLPM f'"vI"mc r MICHAI LS,ISI GAN S(Orrwy My 24,2020 Theo Leonau Orange county 600 NC 86 Ifillsborough NC 27278 Application Number TRP001 I DAQ Grant Monugcmclit System Nurnbcr; 1000009 . 759 Dear I-heo I.Colia", I--UII pletlied to infonn you that file North Carolina Department of l3wdroninen(al Quality is awarding your proposed Volkswagen Settlement Transit/Shuttle Blis Prograll,prniwl in the amount car$93,500.00. We are cxvillcd about yourproject entitled CAM•Clean Air Mobility for one(rundt bus.Ikeplacemont of the following vehicle will be funded:Unit 2(VIN I GDF-5VI 999F413308). Thaftk you for your interest in rc(lucing emissions in North Carohno,We look forward to working with you on this worthwhile endcavor and receiving repoils on the success of this project so that wo may Icam how to best un funding in future phases, h4clanic lIvndorson frown my.staff will c0flIftO YOU Once the VW funds have been distributed to DAQ to begin.the State contract process,Please(to not start any work oil this project until there Is a fully executed(signed by rellnsentatives of both 0r9anizatlous)contract in place.We eminot reimburse for work perftsmicd or iters purchased before a coninto is in place.Should you have any clucstions or need further inforniation,you ruay contact Nicianic,Henderson via icleplione at 9I 9-707-8411 or email at Applicants must log Into the NC DAQ Grahl N14"agentent System to view appliratlannnd china attitust iubmill Involecs and documents for reimburKellient,Completed Access AuthOriZatIOR FOrRIN(attached)for your organLzatioll must be ro(urned with your acceptance of tills award, Michael S.Itegaii,Socrctary Department of Enviromienfal Quality N-ISR/MDH 217 V'I'A N�Y Ot C,,,ill Page 20 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 36 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM Attachment C i orange C'ouftly baa NC'86 11111abmmigh NC 27278 Appi1011011 Numbor;T1il"I I DAQ Oram Managctneifl Syeten!Numbcr, 1000409739 11Icaw check(Ito otffresa)sniding box ii'You accept or dccllrle the asaafxl,I�fnffil a signed and dated copy to :*v�,ItiC.`tr6�?i plilt ;t(iU►I�r il.ciir,u��t:telthln 15 buglnese dayx faf leiter ro'Wpt, i114C014(j&w. lint fr 'ris'c'.Vnz�r ocR:�plauc.�.uftlua f!wlwd kvifhGt Milt time..,yotfe awaid mill iia fil&I Iled,'11118 accnplanea Is Wn•blading until goulf lfntp as II10 cnttlrael IN folly cxccutul, /KAccel>I Q 0coline Authodnd Itcpresenladvo Natne l7atc NOW fnelude eoMpleletl Ave M- Aathorlullnff Irorms(allaehed)for yoffr organlxatloff,Raelf orpliballon Ip uilol+°ed up to 3 aaU3orlred usertr, Mwr NU+Ifa Cnrblt4a t&ptirl�trtE uE I:�ii�nnrritsllnit�.aa��q kE71"rratkxr%S1fell IW?,6q$4rdgtQ wI4A19h.140+911C4101hp27V)IJ-140f ti*�0.l�)7.ElGr)p Page 21 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 37 CONTRACT NO..45515VW VW-TRANSIT BUS PROGRAM i Attachment C 3 ROY C00P k h(10IAEL S.MEGAN ��itrCalt �I MICHACL ABRACZINSKrAS . V*'O.O.w raOtirra 4:nVirwintrA fat Qts'Ary September 15,2020 Thco Lctman Orange County 600 NC 86 llillsborough, NC 27278 Application Number:TRP(f)1 I DAQ Grant h1anagcownt System Number: 100009759 f?cryr Theo Lcttllnn: Congratulations on your NC:Volkswagen Sa Itlement phase I award! We are excited about your CAM - Clean Air Mobility projivt and our team is working to 11t-aces your contract.Please remember, DO NOT START VOI.IR PROJECT UNTIL A FIILLY EXECIITED CONTRA(7T IS IN PISA("K,This moans signed it joust be sigrttd by the authorized representative from your organization and by NC DEQ, Using;the information provided in your application,we have detenninLd the cost shave percentage you will be obligated to contribute to your project.Your coot sham is determined 11,0411(lie total replaccincnt curt for each vehicle rrtvardctl funding(including any requested electrification infrastructure casts)and the amount of voluntary or involutd ary matching funds you included on your application lot that vehicle. The cast share amount for application TRIAM 1111 000(X)9759 is Shown below_ a 1'chiclr Unit t:Itnrfriu� tut�I A}rplt[:"nk [)[tr n �'�\° A}ipli�:nt[ chicfc Uta[ R Aa,. wn[ Infra>[ruc[ur� }[ti ruua } V�Iticic,kJtsit \{:t[ctting ht&[if:ink AH'irJtd Cost Mwe �Iut�sh+i L`ui Stsar C"(r>t ('t+�t PntjccE['obr Fun,!: Fancla Anlinint t v�CnF�gc Unit 2 S 110,000,00 WA S 110JA 4).01) S10,5000) 1 N/A S93,44)OA10 154.6 551,16 The amount relinbtlrse'd i flcr conlplelion of your project will be calculated.from the paid invoices inchrd-d in your claim submittal. lryou have any questions regarding the cast share peiveninge tier your application,plea-w,contact ine at 919-707-8419 or by ct'nail eat irnlanie h mho t tarda rsc: [u.t ati'. Sincerely, hlClania f1Gn:f:r50rs, I'rograrn Manager TransitlShuttle 13us Progrent cc: File. i �� PSrs11�C�arnGw,st'a��vnrt3t,�r�rrlrr,nm:rnaaf,�a�it1 I t�'rri+}<;rt�tMtj�m5ty 217114 e[).nui sti"t t 411•t.A�rrYlev otitrr I N44401,MA 1hcamira M*J,11441 ''ra't 7R7+}iUp i Page 22 of 26 1 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 38 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM i E E Attachment D f I Notice of Certain Reporting and Atttllt Re+quirernents A recipient or subrecipient shall comply with the all rules and reporting requirements established by statute or administrative rules found in 09 NCAC Subchapter 3M_ For convenience, the requirements of 09 NCAC Subchapter 3M.0205 are set forth in this Attachment_ Reporting Thresholds. There are three reporting thresholds established for recipients and subrecipients receiving State awards of financial assistance. The reporting thresholds are: (1) Less than $25,000 — A recipient or subrecipient that receives, hold, uses, or expends {, State financial assistance in an amount less than twenty-five thousand dollars ($25,000) within its fiscal year must comply with the reporting requirements established by this Subchapter including: (A) A certification that State financial assistance received or hold was used for the purposes for which it was awarded;and (13) An accounting of all Slate financial assistance received, held,used,or expended. (2) $25,000 up to$500,€300-A recipient or subrecipient that receives, holds uses,or expends State financial assistance in an amount of at least twenty-five thousand ($25,0170) but less than five hundred thousand dollars($500,000)within its fiscal year must comply with the reporting requirements established by this Subchapter including: (A) A certification that State financial assistance received or held was used for the purposes for which it was awarded; and (B) An accounting of all Slate financial assistance received,held,used,or expended_ (C) A description of activities and accomplishments undertaken by the recipient, including reporting on any performance measures established in the contract. (3) Greater than $500,000 — A recipient or subrecipient that receives, holds, uses, or expends State financial assistance in the amount equal to or greater than five hundred thousand dollars ($500,000) within its fiscal year must comply with the reporting requirements established by this Subchapter including: (A) A certification that State financial assistance received or held was used for the purposes for which it was awarded;and (13) An accounting of all State financial assistance received,held, used,or expended. (C) A description of activities and accomplishments undertaken by the recipient, including reporting on any performance measures established in the contract. (a) A single ar program-specific audit prepared and completed in accordance with Generally Accepted Government Auditing Standards, also known as the Yellow Book. Cather Provisions: 1. All reports shall be tiled with time disbursing agency in the format and method specified by the agency no later than three(3)months after the end of the recipients fiscal year, unless the same information is already required through more frequent reporting. Audits must be provided to the funding agency no later than nine(9)months after the end of the recipient's fiscal year. 2_ Unless prohibited by law,the costs of audits made in accordance with the provisions of 09 NCAC 03M .0205 shall be allowable charges to State and Federal awards_ The charges may be considered a direct cost or an allocated indirect cost., as determined in accordance with cost principles outlined in the Code of Federal Regulations, 2CFR Part 200.The cost of any audit not conducted in accordance with this Subchapter shall not be charged to State awards. 3. Notwithstanding the provisions of OBJ NCAC 03M .0205, a recipient may satisfy the reporting requirements of Part (3)(D) of this Rule by submitting a copy of the report required under the federal law with respect to the same funds. d. Agency-established reporting requirements to meet the standards set forth in this Subchapter shall be specified in each recipient's contract. i Page 23 of 26 DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 39 t i CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM { Attachment E DzcoZlqn Enwelope Ila_1`3CBSA8G-E11C-428A•AC6A•E8ac96za26i6.ORANGE COUNTY j E EE� I . INA Instructions: This policy should address Situations ill which any of grantee's niernbers or employees Olay dir"tly or indirectly benefit front tilt grantee's disbursing of State funds,and should include actions to be taken by the,(';•ranter:-or the individual,.or both.,to avoid conflicts of interest and the appearance of improlidety. This document is intended as an aid to assist governmental and non-State entities in establishing conflict of interest policies. It is not intended to be used verbatim,but rattler to serve as a template for organizations as they craft their individual conflict of interest policy.This nonl;overnnlental entity example includes definitions of what is considered unacceptable,and the consequences of any breaches thereof. Each organization that chooses to use this ternplate.should take erre to make changes that reflect the: individual organization, Governmental entities inay utilize this as an ex.arnple,but will need to modify the document to be applicable to their status as a governmental entity. CONFLICTOF INTERESTPOLICY Conflict of Interest Defined; A conflict of interest is detened as an actual or perceived interest by a(Staff'Mlelllber/Board Member)in an action that results in,or has the aplaearance Of resulting ill,Personal, organizational,or professional gain. A conflict of interest occurs when all EmploycelBoard Member has a direct or fiduciary interest in another relationship.A conflict of interest could include: • Ownership with a nlcniber of the Board of Directom�T htstces or an Employee where one or the ether has supervisory authority over the Other or with a client who receives service • Ernployinent of or by a inenlber of the Board of Directorsarustees or an Employee where one or the other has supervisory authority over the outer or with a client who receives services. • Contractual relationship with a nlenlber of the Board of DirectorstTrustees or an Employee where one or the other has supervisory authority over the other or with a client who receives services. • Creditor or debtor to a member of the Board of Directorsarustecs or an Employee where one or the other has supervisory authority over the other or with a client who receives services. • Consultative or consurller relationship with a t17ember of the Board of Directors/Trustees or an Employee where:one or the other has supervisory authority over the other or with a client Who receives services. I Page Iof2 Eff:t12t2010 Page 24 of 26 i DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 40 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM Attachment E ` i L)ow!31gn Envelope la:1`3CM06C-E11C-42BA-ACBA•EMC982432616 is . ORANGE COUNTY i i T CAROLINA I i i The definition of conflict of interest includes any bi i5.or the appearance of bias in a"t decision making process that would reflect a dual role played by a member of the organization or group. Ali example,for instance,might involve a person who is all Enmployce and a Board Member,or a person who is an employee and who]lire$ family members as consultant-s. ]wnrpinyee Regllansihilities. It is in the interest ofthe orgnilization,individual statf,and Board Members to strengthen trust and confidence in each other,to expedite resolution of problems,to mitigate the effect and to minimize organizational and individual Stress that con be caused by a conflict of interest. Employees are to avoid any conflict of interest,evcil the appearance of a conflict of interest.This organization serves the coltnnunity as a whole rather that only sen ing a special interest group. The appearance of conflict of irltczest can cause embarrassment to the organization and jeopardize the credibility of lite organization.Any conflict or interest,potential conflict of interest or the appearance of a conflict of interest is to be reported to your supervisor immediately.Employees are to maintain independence and objectivity with clients,the community,and organization. Employees are called to maintain a sense of fairness,civility, ethics,ethics and personal €ntelpity even though law,regulation,or custolll does not require them. Acceptance of Gifts: Employees,nienlhers of employee's immediate.fancily,and nieinbers of the Board are prohibited front accepting gifts, money or gratuities front the following: a, Persons receiving benefits or services from the organization; b. Any person or organization performing,or seeping to perform services under Contract with the organization, C. Persons rialto are otherwise 111 a position to benefit from the actions of ally employee of the organization. Employees may,with the prior written approval of their supervisor,receive honoraria for lectures and other such activities while on personal days,compensatory time,annual leave,or leave without pay. if the employee is acting in any official capacity,honoraria received by all employee in connection with activities relating to employment with the organization are to be paid to the organization. Bonnie lia.mm2rs16y 1011412020 Name Date. - Wcu+.4i�nmiLM„ �Ithl+tat. H"AjK►+►LY'Sl,t.c� hosts ire .. Pagc2of 2 Eff.0212020 Page 25 of 26 i DocuSign Envelope ID:C8D9258E-OB18-4FBC-9A51-15AOE32Al2BA 41 CONTRACT NO.:45615VW VW-TRANSIT BUS PROGRAM LAST PAGE INTENTIONALLY LEFT BLANK Page 26 of 26 Docusign Envelope ID:4CF80DF1-C4BO-4231-8A80-1 D8BB2OA9AOC 42 NOH I H CAROLINA , > Department of Environmental Quality STATE OF NORTH CAROLINA North Carolina Department of Environmental Quality Amendment 4 to Contract No. 45615VW THIS AMENDMENT FOUR ("Amendment 4") is entered into by and between NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (the "Department") and ORANGE COUNTY (the "Grantee"). The parties acknowledge they entered into a contract, Contract No. 45615VW in February 2021 to provide VW-Transit Bus Program Funding ("AGREEMENT"). Amendment 1, executed in January 2023, extended the contract term to February 24, 2024, at no additional cost. Amendment 2, executed in February 2024, extended the contract term to February 24, 2025, at no additional cost. Amendment 3, executed in April 2025, extended the contract term to June 30, 2025, at no additional cost. The Department and the Grantee agree to the following changes to the AGREEMENT: 1 —The parties now wish to continue the contract between the parties and agree to extend the term of the AGREEMENT to June 30, 2026, at no additional cost. Except as modified herein, the AGREEMENT continues in effect as written and agreed. All other terms and conditions remain unchanged. Executed by the duly authorized representatives as of the day and date indicated below. ORANGE COUNTY NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DocuSigned by: Docusig/ned by. }J W r E- F93B6765DA45430 305413556553441... Grantee s algnaiure Department Signature or AUtnorized Assignee nishith trivedi Transportation Director Leroy kodak Procurement Director Printed Name and Title Printed Name and Title orange county Transportation services Dept. of Environmental Quality-Pro Organization Department 7/12/2025 7/14/2025 Date Date Page 1 of 1 v.2024.05.07 43 410A Department of Administration Purchase & Contract Division Roy Cooper I Governor David O'Neal I State Purchasing Officer Pamela B. Cashwell I Secretary Memorandum DATE: April 18, 2023 TO: Samantha Bryant Green, Procurement Specialist III North Carolina Department of Transportation FROM: Steven Hussey Steaen 3&wey State Procurement Specialist III, Purchase & Contract RE: Request Award Approval to Vendor(s): Our File #202200601 Contract #: 54-SG-05062022 Raised Roof Vans and Light Transit Vehicles The Division of Purchase and Contract hereby grants approval for your agency to contract with the following three (3) Vendors for the above referenced items. 1. Creative Bus Sales, Inc. 2. Palmetto Bus Sales, Inc. 3. Interstate Transportation Sales, Inc. Contract Term: Three (3) Years. $ 58,000,000.00— Year 1 $ 58,000,000.00— Year 2 $ 58,000,000.00— Year 3 $174, 00,000.00 — Total Cumulative Contract Value. The value of this contract is not to exceed $174,000,000.00. Please send an executed copy of the contract within thirty (30) calendar days for our records. Thank you. Mailing i Location 1305 Mail Service Center 116 West Jones St. I Raleigh, NC 27603 Raleigh, NC 27699-1305 "" 984-236-0241 T ncadmin.nc.gov