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Agenda Packet 01 24 13 Cape Fear Public Transportation Authority 505 Cando St. Wilmington, NC 28405 (910) 343-0106 (910) 343-8317 wavetransit.com AregularlyscheduledmeetingoftheCapeFearPublicTransportationAuthoritywillbeheld Thursday,January 24,2013at12:00pmintheWaveTransitBoardRoomatFordenStation,505CandoSt.,Wilmington,NC 28405.Anagendaforthemeetingispresentedbelow. MEETINGAGENDA 1)CalltoOrder 2)Momentofsilence 3)PledgeofAllegiance 4)Consentagenda05minutes ApprovalofminutesfromtheDecember20,2012meeting(p.4) 1. CommunityTransportationProgram(CTP)andAccompanyingResolution 2. StateTransportationProgram(STIP)ModificationResolution 3. PlanningGrantAgreementwithNCDOTandAccompanyingResolution 4. SurfaceTransportationProgramDirectApportionmentResolution 5. Purchaseorderforsystemmaps 6. 5)PublicHearingCommunityTransportationProgram05minutes 6)Publiccommentperiod10minutes 7)CommitteeReports15minutes ExecutiveCommittee,Mr.DavidScheu,Chairman Planning&OperationsCommittee,Mr.HenryAdams,Chair December2012OperatingReport(p. RevisedTransferPolicy Freefareday Finance&BudgetCommittee,Mr.GeorgeDolan,Chair December2012FinancialReport(p. FY2013BudgetRevision FacilitiesCommittee,Mr.JeffPetroff,Chair 8)StaffReport10minutes 2013LegislativeAgenda 9)MakingWavesFoundationReport05minutes Mr.BillBryden,FoundationChairman 10)Oldbusiness05minutes 11)Newbusiness05minutes 12)Adjourn ThenextmeetingoftheCapeFearPublicTransportationAuthorityisscheduledforThursday, February28,2013,at12:00pmintheWaveTransitBoardRoomatFordenStation,505CandoSt., Wilmington,NC28405. SupplementalInformation 1.LettertoWilmingtonMayorandCityCouncil Cape Fear Public Transportation Authority 505 Cando St. Wilmington, NC 28405 (910) 343-0106 (910) 343-8317 wavetransit.com CONSENTAGENDA Thefollowingitemsareattachedforconsideration.Abriefexplanationandrecommendationfollows: 1)ApprovalofminutesfromtheDecember20,2012meeting(p.4) 2)CommunityTransportationProgram(CTP)&AccompanyingResolution(p. TheannualCTPgrantprovidesadministrativesupportforthe!Ò·wš©z·äx­Paratransitprogram.The grantwillprovide$305,998inadministrativesupportforand$103,500incapitalassistanceforFY 2014.LocalmatchingfundswillbeprogrammedintheFY2014budget.ApprovaloftheCTP resolutionisrecommended. 3)StateTransportationImprovementProgram(STIP)ModificationResolution(p. TheAuthorityisrequiredbyFederalStatutetoprogramallprojectsthroughtheadoptedlocaland stateplanningprocesses.Atthelocallevel,theprojectmustbeapprovedbytheWMPO TransportationAdvisoryCommittee.Atthestatelevel,projectsareapprovedbytheNorth CarolinaDepartmentofTransportationBoardofTransportation.Theattachedprojectsare currentlyidentifiedintheMTIPandSTIP.Themodificationrequestedwouldidentifyafunding sourceintheplanningdocuments.Approvaloftheresolutionisrecommended. 4)PlanningGrantAgreementwithNCDOTandAccompanyingResolution(p. In2012,theAuthoritycontractedwithNelsonNygaardtoprepareashortrangetransitplan.The adoptedplanwascompletedfor$101,502.00.NCDOTprovidestenpercentmatchingfundsfor planningprojects.Theagreementandaccompanyingresolutionareforb/5hx­portionofthe projecttotaling$10,151.00.Approvaloftheagreementandresolutionisrecommended. 5)SurfaceTransportationProgramDirectApportionmentResolution(p. AfterbeingdesignatedasaTransportationManagementArea(TMA),theregioniseligiblefor additionaltransportationformulafundingallocatedthroughtheWilmingtonUrbanArea MetropolitanPlanningOrganization.ThesefundsarecalledSurfaceTransportationProgram DirectApportionment(STPDA)funds.TheWMPOhasadoptedapolicyforallocationoftheSTPDA fundswhichincludesuptotwentypercentoftheannualSTPDAallocationfortransitprojects. TransitprojectsutilizingSTPDAfundswillbeprioritizedbytheCapeFearPublicTransportation AuthorityandsubmittedtotheWMPOforapproval.Approximately$600,000.00inSTPDAfundsis availablefortransitprojectsinFFY2013subjecttolocalmatchingfunds.Theresolutionis Projectoneisfour(4)vanpoolsto requestingaSTPDAallocationfromtheMPOfortwoprojects. beaddedtothe!Ò·wš©z·äx­fleet.Twoadditionalvanpoolshavebeenrequestedtoexpandthe vanpoolfromWilmingtontoElizabethtown.Thetworemainingvanpoolswouldbeutilizedasspare vehiclestousewhileprimaryvehiclesarebeingserviced.Theycouldalsobeusedtoexpandthe program.Localfundingintheamountof$10,000wouldbefromsalarylagaccruedbynotfilling theSafetyDirectorposition.ThesecondSTPDAprojectwouldbeforroutinecapitaltoincludebus stopsignageandpoles.Signreplacementwasincludedintheannualbudgetinanticipationofthe routerestructuring.PurchasingsignsandpoleswithSTPDAfundswillreducethelocalfunding percentageby30%.Approvaloftheresolutionisrecommended. 6)Purchaseorderforsystemmaps(p. Inpreparationfortheupcomingroutemodifications,staffhasobtainedbidsforupdatedsystem mapsandupdatedpocketmaps.Fundingforthemapswasincludedintheadoptedannualbudget. Approvalofthepurchaseorderisrecommended. Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY December 20, 2012 Mr. David Scheu, Chair, Presiding MEMBERS PRESENT Mr. David Scheu, Chairman Mr. Henry Adams, Vice Chairman Mr. Jonathan Barfield Mr. George Dolan Mr. Chris Hawkins Mr. Kevin O’Grady Mr. Jeff Petroff MEMBERS ABSENT Mr. Don Betz, Secretary Mr. Euran Daniels Mr. Bill Bryden STAFF PRESENT Mr. Albert Eby, Executive Director Ms. Megan Matheny, Director of Planning & Development Mr. Joe Mininni, Director of Finance & Administration Ms. Jean Smith, Director of Operations Ms. Mary Crawford, Accounting Clerk CONTRACT MANAGEMENT STAFF PRESENT Mr. Andrew Olsen, Attorney Mr. Chris Greenman, Fixed Route Operations Manager Mr. Jeremy Miller, Vehicle Maintenance Manager GUESTS PRESENT Mr. Gary Ridgeway, McGladrey, LLP Ms. Martha Wayne, McGladrey, LLP Mr. Ricky Meeks, Citizen CALL TO ORDER Mr. Scheu, called the meeting to order at 12:01 pm The meeting began with a moment of silence followed by reciting the Pledge of Allegiance Chairman Scheu presented Ms. Pearce a plaque for her service to the Authority as a member Ms. Pearce followed with comments about her work with the Authority Mr. Scheu recognized Mr. Eby to present a plaque to Wave Transit retiree Ms. Lillie Carroll Mr. Eby recognized Ms. Carroll for thirty-five years of dedicated service to public transportation in Wilmington Ms. Carroll briefly summed up her career and noted the positive changes in public transportation over her career CONSENT AGENDA Mr. Scheu presented the December 2012 consent agenda for approval Mr. Eby requested the Automated Vehicle Locator (AVL) software upgrade item be pulled for discussion Mr. Dolan made a motion to accept items one and two of the December consent agenda Mr. Petroff seconded the motion to accept items one and two of the December consent agenda and the motion carried unanimously Mr. Eby briefly described the AVL software update Mr. Eby stated staff has been working with Dr. Vetter and Dr. Brown from UNCW on different aspects of the new AVL software Mr. Eby stated that allowing Dr. Vetter and Dr. Brown to maintain the software will give the Authority much better control of the AVL system The software update would allow the Authority to make changes more easily and keep the program current without involving DRI Mr. Adams stated that the Planning and Operations committee agreed with staff to allow UNCW to maintain the AVL Software Mr. Eby requested approval for a purchase order to Digital Recorder to not exceed $35,000 He stated that funding was identified in grant 11-AT-001 which expires December 31, 2012 At the time of the meeting, DRI had indicated that the upgrade was available but final cost had not been identified The recommendation was for an amount not to exceed available grant funding Mr. Dolan made a motion purchase updated AVL software from Digital Recorders Inc. at a cost not to exceed $35,000 Mr. Adams seconded the motion which carried unanimously PUBLIC COMMENT Mr. Scheu opened the public comment period Mr. Meeks thanked the Authority for their efforts in 2012 Mr. Meeks requested new buses and more benches Mr. Meeks also requested free rides on Feb 4, 2013 on the day the restructured routes are implemented AUDIT REPORT 2012 Mr. Scheu recognized Mr. Gary Ridgeway from McGladrey, LLP to present the 2012 audit report The audit issued an unqualified opinion of the Authority’s finances for FY 2012 Mr. Ridgeway stated that the Authority had two significant weaknesses in the audit report Budget compliance regarding a $32,000 settlement that occurred late in the fiscal year and budgeting of the planning study were cited as weaknesses Federal & State compliance programs were issued an unqualified opinion Mr. Ridgeway stated that the audit report was overall very good Mr. Ridgeway stated that there were also some minor issues that the auditor was working with staff to correct The minor issues included drug free documents not in personnel files and the number of bus passes sold but not reconciled until later into the year Mr. Ridgeway stated that the Authority needs to continue to work toward establishing a fund balance Mr. Eby stated that the fund balance has been a challenge since the Authority was created and is the greatest factor in maintaining a healthy cash flow FARE INCREASE Mr. Scheu recognized Mr. Eby to review the proposed fare increase Mr. Eby shared the results regarding the public hearings and comments Mr. Eby requested that the board approve the proposed fare increase to begin February 3, 2013 when the restructured routes are implemented Mr. Eby asked the board to consider adding two additional hours to Sunday Service changing Sunday hours to 7:00 am-6:00 pm based on comments during the public hearings Mr. Scheu stated that the Authority does not have revenues identified to increase Sunday service Mr. Adams stated that until additional funding is identified he could not support adding additional services Chairman Scheu referred additional Sunday service recommendations to the Planning Committee Mr. Hawkins made a motion to accept the proposed fare increase to begin on February 3, 2013 Mr. Dolan seconded the motion which carried unanimously EXECUTIVE COMMITTEE Mr. Scheu stated that the committee did not meet PLANNING COMMITTEE Mr. Scheu recognized Mr. Adams to give the committee report Mr. Adams stated that the restructured routes are scheduled to begin February 3, 2013 and public outreach and marketing of the changes will begin in mid-January Mr. Adams stated that UNCW has requested decals promoting the university on Wave shuttles Mr. Adams said that state has approved bus shelters for use in NCDOT right of way, but the shelters approved do not meet coastal wind requirements Staff was working to identify shelters that met the 130mph requirement Mr. Adams referred to a copy of the new 204 Brunswick Connector route Mr. Eby and Ms. Methany will be presenting changes to the route to the Leland Town Council Mr. Adams said that there are ten months remaining under the contract for bus advertising with Peck Enterprises All buses except one have ads on them and over the next few months the committee will discuss advertising options Mr. Adams stated that the committee is looking into four additional Wavepool vans due to high demand in Elizabethtown Mr. Adams said that fixed route ridership is up but Paratransit ridership is down due to cuts to the Medicaid transportation program FINANCE & BUDGET COMMITTEE Mr. Scheu recognized Mr. Dolan to give the committee report Mr. Dolan stated that due to a large number of requests, staff proposed an ATM in the front lobby of Forden Station Mr. Dolan said the Authority will make $1.00 from every transaction The ATM would be under contract to a third party contractor and legal and liability issues have been addressed to the satisfaction of staff and the committee Mr. Dolan stated that the committee would present a revised FY 2013 budget at the January meeting Mr. Dolan said that cash flow is an issue, but SMAP funding has been approved and is expected to be received by the end of the calendar year FACILITIES COMMITTEE Chairman Scheu recognized Mr. Petroff to give the committee report Mr. Petroff said that a RFQ is out for CNG design and due at the end of December Mr. Petroff stated that contractor prequalifications are due at the end December for construction of the operations center Mr. Petroff said the committee met with the design team to review the facility’s 95% design Mr. Petroff presented Addendum 5 to the contract with Becker Morgan for the operations facility design seeking approval in the amount of $4,500 for the design and engineering of the bus wash enclosure No second was needed and the motion carried unanimously Mr. Petroff presented addendum 6 to the contract with Becker Morgan for the operations facility design seeking approval of a redesign to increase the employee parking area at the new facility in the amount of $4,650 No second was required and the motion carried unanimously Mr. Petroff stated the committee and staff are still working with property owners around Forden Station regarding expanding parking STAFF REPORT Mr. Scheu recognized Mr. Eby to present the staff report Mr. Eby said that the permanent license plate issue could have a financial impact if an agreement cannot be reached Mr. Eby said he has been working with the Attorney General’s office and may have come up with a solution regarding license plate fees Mr. Eby presented a resolution regarding permanent license plates Mr. O’Grady made a motion to approve the permanent license plate resolution Mr. Dolan second and the motion carried unanimously OLD BUSINESS Mr. Hawkins inquired if any changes have been made to the Medicaid Transportation situation Mr. Eby stated no change and proposals from brokers are due January 23, 2013 NEW BUSINESS None ADJOURN Mr. Adams made a motion to adjourn the December 20, 2012 board meeting Mr. Dolan seconded and the motion carried unanimously SCHEDULING OF NEXT MEETING The Authority’s next meeting is scheduled for January 24, 2013 at 12:00 pm in the Forden Station Board Room Respectfully Submitted, Albert Eby Executive Director /kw RESOLUTION ________________________________________________________________________ Introduced by: Megan Matheny, Director of Planning and Development Date: January 24, 2013 FY2014 COMMUNITY TRANSPORTATION PROGRAM RESOLUTION SECTION 5311 The Cape Fear Public Transportation Authority is seeking permission to apply for Community Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, and to provide the necessary assurances and the required local match. A motion was made by ______________ and seconded by ______________ for the adoption of the following resolution and upon being put to a vote was duly adopted. WHEREAS , Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS , the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS , the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS , the Cape Fear Public Transportation Authority hereby assures and certifies that it will provide the required local matching funds; and that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required training, attend meetings and conferences, and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE , be it resolved that the Chairman of the Cape Fear Public Transportation Authority is hereby authorized to submit a grant application for federal and state funding, provide the required local match, make the necessary assurances and certifications and be empowered to enter into an agreement, with the NCDOT to provide rural public transportation services. I Don Betz, Secretary, do hereby certify that the above is a true and correct copy of an excerpt from the th day of January, 2013. minutes of a meeting of the Cape Fear Public Transportation Authority duly held on the 24 __________________________________________________________ Don Betz, Secretary, Certifying Official (seal) Subscribed and sworn to me this the ____day of _____________ __________________________________________________________ Notary Public __________________________________________________________ Printed Name and Address My commission expires _________________________ (seal) PUBLIC HEARING NOTICE This is to inform the public that a public hearing will be held on the proposed Community FY2014 Transportation Program Application to be submitted to the North Carolina Department of Transportation no later than . The public hearing will be held on at before the January 25, 2013January 24, 201312:00pm (). governing board Cape Fear Public Transportation Authority Board of Directors Those interested in attending the public hearing and needing either auxiliary aids and services under the Americans with Disabilities Act (ADA) or a language translator should contact on or Megan Matheny before,at telephone number or via email at . January 22, 2013(910) 202-2057mmatheny@wavetransit.com The Community Transportation Program provides assistance to coordinate existing transportation programs operating in as well as provides transportation options and services for the New Hanover County communities within this service area. These services are currently provided using . lift equipped vans Services are rendered by . Cape Fear Public Transportation Authority The total estimated amount requested for the period July 1, 2013 through June 30, 2014 ProjectTotal AmountLocal Share $$ (15%) Administrative $305,998$45,901 $$ (10%) Capital (Vehicles & Other) 103,50010,350 *(50%) Operating (Small fixed-route, or more $ $ 00 regional, and consolidated urban-rural *Note: Small Fixed Route systems only) systems must contribute more than 50% TOTAL PROJECT $ $ $409,498$56,251 Total Funding RequestTotal Local Share This application may be inspected at from . Written 505 Cando St., Wilmington, NC 28405January 16-23, 2013 comments should be directed to before . Megan MathenyJanuary 23, 2013 End of Notice Note:AN ORIGINAL COPY of the published Public Hearing Notice must be attached to a signed Both the Public Hearing Notice andthe Affidavit of Publication Affidavit of Publication. must be submitted with the CTP grant application. RESOLUTION _____________________________________________________________________ Introduced by: Albert Eby, Executive Director Date: January 24, 2013 RESOLUTION REQUESTING A MODIFICATION TO THE METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM WHEREAS , The Authority is required by Federal Statute to program all projects through the adopted local and state planning processes; and WHEREAS , at the local level, the project must be approved by the WMPO Transportation Advisory Committee; and WHEREAS , at the state level, projects are approved by the North Carolina Department of Transportation Board of Transportation; and WHEREAS , the Authority has identified projects currently programmed in the current MTIP and STIP which are eligible for funding under the FTA § 5310 program and the Surface Transportation Program - Direct Allocation; NOW THEREFORE, BE IT RESOLVED that the Cape Fear Public Transportation Authority hereby requests that the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee amend the current MTIP for submittal to the NCDOT to modify the STIP to allocate funding to the following projects as follows: STIP Project TM-5120 § 5310 $ 716,000.00 STIP Project TA-5102 STP-DA $ 100,000.00 STIP Project TG-4796C STP-DA $ 400,000.00 Adopted a regular meeting _____________________ on January 24, 2013 David R. Scheu, Chairman Attest: _____________________ Don Betz, Secretary (seal) RequestedMTIPModifications CapeFearPublicTransportationAuthority TransitPartners&TotalProjPriorYears ProvidersCost(Thou)Cost(Thou) CountyIDNumberLocation/DescriptionFundsFY2013FY2014FY2015FY2016 NewHanoverCapeFearPublicTM5120NewFreedom716537FNF179179179179 TransportationLocal179179179179 Authority NewHanoverCapeFearPublicTA5102ExpansionVan10050STPDA8040 TransportationVanpoolState105 AuthorityLocal105 NewHanoverCapeFearPublicTG4796CRoutineCapital400300STPDA80808080 TransportationLocal20202020 Authority STATE OF NORTH CAROLINA PUBLIC TRANSPORTATION COUNTY OF WAKE SECTION 5307 CAPITAL/PLANNING PROGRAM GRANT AGREEMENT NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DOT NUMBER: DOT-19 and PROJECT NUMBER: 13-09-491 CAPE FEAR PUBLIC TRANSPORTATION WBS ELEMENT: 36231.11.4.3 AGREEMENT NUMBER: TBD **************************************************************** THIS AGREEMENT made this the ________day of _____________, 20__ DEPARTMENT OF TRANSPORTATION between the (hereinafter referred to as the CAPE FEAR PUBLIC "Department"), an agency of the State of North Carolina, and the TRANSPORTATION AUTHORITY (hereafter referred to as the "Contractor"). WHEREAS, Section 9 of the Federal Transit Act of 1991 (49 U.S.C promulgates, it is declared to be in the national interest to en development of transportation systems embracing various modes of that will serve the states and local communities efficiently and WHEREAS, the purposes of the Federal Transit Act of 1991 (49 U amended, are to assist in the development of improved public tra equipment, techniques, and methods with the cooperation of publi both public and private; to encourage the planning and establish transportation systems needed for economical and desirable urban cooperation of public transportation companies both public and p assistance to State and local governments and their instrumental to be operated by public or private public transportation compan needs; and WHEREAS, Article 2B of Chapter 136 of the North Carolina Genera the Department of Transportation as the agency of the State of N administering all federal and/or State programs relating to publ Department authority to do all things required under applicable to administer properly the public transportation programs within WHEREAS, the Department and the Contractor desire to secure and planning local public transportation services in North Carolina for the provision of transit services: NOW, THEREFORE, in consideration of the mutual covenants herein Department and the Contractor agree as follows: Section 1 . Purpose of Agreement. The purpose of this Agreement is to pr undertaking of the planning study and/or capital improvements (h "Project") by the Contractor and to state the terms, conditions, a parties as to the manner in which the Project will be undertaken Updated 11/10/09 Section 2. Project Implementation. The Contractor agrees to carry out follows: The Cape Fear Public Transportation Authority in Wilmington a. Scope of Project. received approval for a Federal Transit Administration Urbanized Program Section 5307 operating and planning grant. The grant provi funding for planning activities related to the development of a transit plan. The plan will incorporate the elements of the most Range Transportation Plan. The Contractor shall undertake and complete the Project as described in its Application, herewith incorporated b and approved by the Department. The Contractor shall undertake a Project in accordance with the procedures and guidelines set for documents: (1) Office of Management and Budget (OMB) Circular A-102, Grants Cooperative Agreements with State and Local Governments (49 CFR (2) FTA Master Agreement, dated October 1, 2010, Docume MA(17), at www.fta.dot.gov/documents/17-Master.doc; (3) The Section 5307 grant application for financial assistance. The aforementioned documents, and any subsequent amendments or rev thereto, are herewith incorporated by reference, and are on file by the Department in accordance with the terms and conditions of Nothing shall be construed under the terms of this Agreement by the Contractor that shall cause any conflict with Department, St statutes, rules, or regulations. ONE b. Cost of Project. The total cost of the Project approved by th HUNDRED ONE THOUSAND FIVE HUNDRED TWO DOLLARS ($101,502) as set forth in the Project Description and Budget, incorporated into t Attachment A. TEN (1) State Share. The Department shall provide, from State funds PERCENT (10%) TEN of the actual net cost of the Project, not in excess of THOUSAND ONE HUNDRED FIFTY ONE DOLLARS ($10,151). The Contractor shall be responsible for any remaining costs. THIRTY-ONE (2) Local Share. The Contractor hereby agrees that it will pro PERCENT(31%) of the actual net cost of the Project and any amounts in excess of the Department€s maximum. The net cost is the price p any refunds, rebates, or other items of value received by the Co have the effect of reducing the actual cost. The Contractor sha prosecute to completion all actions necessary to enable it to pr of the Project costs at the time directed. c. Period of Performance. This Agreement shall commence upon th execution, unless specific written authorization from the Depart JULY isreceived. The period of performance for all expenditures shall e 1, 2011 TO DECEMBER 31, 2012 ,unless written authorization to the contrary is provided by the Department. Any requests to change the Period o must be made in accordance with the policies and procedures esta Department or FTA. The Contractor shall commence, carry on, and approved Project with all practicable dispatch, in a sound, econ manner. d. Contractor€s Capacity. The Contractor agrees to maintain suff technical, and managerial capability to: Page 2 of 30 (1) Plan, manage, and complete the Project; (2) Carry out the safety and security aspects of the Project; an (3) Comply with the terms of this agreement, the Master Agreemen FTA and the Department, the Approved Project Budget, the Project schedules, and applicable Federal and State laws, regulations, a e. Administrative Requirements. The Contractor agrees to comply Federal and State administrative requirements: (1) U.S. DOT regulations, "Uniform Administrative Requirements for Cooperative Agreements to State and Local Governments," 49 C.F.R at (http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#pag (2) Title 19A North Carolina Administrative Code (N.C.A.C.) Subc (http://reports.oah.state.nc.us/ncac.asp). f. Application of Federal, State, and Local Laws, Regulations, a achieve compliance with changing federal requirements, the Contr that federal, state and local requirements may change and the chan requirements will apply to this Agreement as required. g. Contractor's Primary Responsibility to Comply with Federal an Requirements. Irrespective of involvement by any other participa the Contractor agrees that it, rather than the participant, is u compliance with all applicable Federal and State laws, regulations, the Master Agreement between the FTA and the Department, and thi except to the extent that the Department determines otherwise in otherwise authorized in writing by the Department, the Contracto any portion of the work to be performed under this Agreement, or contract, amendment, or change order thereto, or obligate itself any third party with respect to its rights and responsibilities without the prior written concurrence of the Department. Furthe shall incorporate the provisions of this Agreement into any leas shall not enter into any lease arrangement without the prior con Department. Any lease approved by the Department shall be subje conditions or limitations governing the lease as set forth by th Department. If the Contractor leases any Project asset to anoth Contractor agrees to retain ownership of the leased asset, and a Lessee will use the Project asset to provide mass transportation through a "Lease and Supervisory Agreement" between the Contract or another similar document. The Contractor agrees to provide a relevant documents. (1) Significant Participation by a Third Party Contractor. Alth may enter into a third party contract, after obtaining approval Department, in which the third party contractor agrees to provide services in support of the Project, or even carry out Project ac performed by the Contractor, the Contractor agrees that it, rath third party contractor, is ultimately responsible to the Departm compliance with all applicable Federal and State laws, regulatio directives, except to the extent that the Department determines writing. (2) Significant Participation by a Subcontractor. Although the delegate any or almost all Project responsibilities to one or mo subcontractors, the Contractor agrees that it, rather than the subc ultimately responsible for compliance with all applicable Federa Page 3 of 30 laws, regulations, and directives, except to the extent that the D determines otherwise in writing. h. Contractor's Responsibility to Extend Federal and State Requi Entities. (1) Entities Affected. Only entities that are signatories to th Project are parties to this agreement. To achieve compliance wi Federal and State laws, regulations, or directives, however, other participants, such as subrecipients and third party contractors, be involved. Accordingly, the Contractor agrees to take the app measures necessary to ensure that all Project participants compl applicable Federal and State laws, regulations, and directives a performance, except to the extent the Department determines othe writing. (2) Documents Affected. The applicability provisions of Federal regulations, and directives determine the extent to which their aProject participant. Thus, the Contractor agrees to include ade provisions to ensure that each Project participant complies with and State laws, regulations, and directives, except to the exten Department determines otherwise in writing. In addition, the Co agrees to require its third party contractors and subrecipients adequate provisions to ensure compliance with applicable Federal laws, regulations, and directives in each lower tier subcontract subagreement for the Project, except to the extent that the Depa determines otherwise in writing. Additional requirements includ (a) Third Party Contracts. Because Project activities performed party contractor must comply with all applicable Federal and Sta regulations, and directives, except to the extent the Department determines otherwise in writing, the Contractor agrees to includ appropriate clauses in each third party contract stating the thi contractor's responsibilities under Federal and State laws, regu and directives, including any provisions directing the third par contractor to extend applicable requirements to its subcontracto lowest tier necessary. When the third party contract requires t party contractor to undertake responsibilities for the Project u performed by the Contractor, the Contractor agrees to include in third party contract those requirements applicable to the Contra imposed by the Grant Agreement for the Project or the FTA Master Agreement and extend those requirements throughout each tier exc as the Department determines otherwise in writing. Additional g pertaining to third party contracting is contained in the FTA€s Practices Procurement Manual.‚ FTA and the Department caution, however, that FTA€s Best Practices Procurement Manual‚ focuses mainly on third party procurement processes and may omit certain Federal requirements applicable to the work to be performed. (b) Subagreements. Because Project activities performed by a subcontractor/ subrecipient must comply with all applicable Fede State laws, regulations, and directives except to the extent that Department determines otherwise in writing, the Contractor agree follows: Page 4 of 30 (1) Written Subagreement. The Contractor agrees to enter into a written agreement with each subrecipient (subagreement) stating the terms and conditions of assistance by which the Project will b undertaken and completed. (2) Compliance with Federal Requirements. The Contractor agrees implement the Project in a manner that will not compromise the Contractor€s compliance with Federal and State laws, regulations, and directives applicable to the Project and the Contractor€s obligations under this Agreement for the Project and the FTA Master Agreement. Therefore, the Contractor agrees to include i each subagreement appropriate clauses directing the subrecipient to comply with those requirements applicable to the Contractor imposed by this Agreement for the Project or the FTA Master Agreement and extend those requirements as necessary to any lower level subagreement or any third party contractor at each t except as the Department determines otherwise in writing. i. No Federal/State Government Obligations to Third Parties. In performance of the Project, the Contractor agrees that, absent t Government's express written consent, the Federal/State Government subject to any obligations or liabilities to any subrecipient, t other person or entity that is not a party to this Agreement for Notwithstanding that the Federal/State Government may have concu approved any solicitation, subagreement, or third party contract Government has no obligations or liabilities to such entity, inc subrecipient or third party contractor. j. Changes in Project Performance (i.e., Disputes, Breaches, Def The Contractor agrees to notify the Department immediately, in w change in local law, conditions (including its legal, financial, or or any other event that may adversely affect the Contractor's ab Project as provided in this Agreement for the Project. The Cont to notify the Department immediately, in writing, of any current dispute, breach, default, or litigation that may adversely affec Government's interests in the Project or the Federal/State Gover administration or enforcement of Federal/State laws or regulatio inform the Department, also in writing, before naming the Federa Government as a party to litigation for any reason, in any forum k. Limitations of Agreement. This Agreement shall be subject to State funds, and contingent upon the terms and conditions of the Agreement between the FTA and the Department. Section 3 . Ethics. a. Code of Ethics. The Contractor agrees to maintain a written conduct that shall govern the actions of its officers, employees engaged in the award or administration of third party contracts or Federal/State assistance. The Contractor agrees that its code o specify that its officers, employees, board members, or agents m gratuities, favors, or anything of monetary value from any prese contractor at any tier or subrecipient at any tier or agent ther minimis rules where the financial interest is not substantial, o nominal intrinsic value. The Contractor agrees that its code or Page 5 of 30 that its officers, employees, board members, or agents from using a manner that presents a real or apparent personal or organizati personal gain. As permitted by State or local law or regulation code or standards of conduct shall include penalties, sanctions, violations by its officers, employees, board members, or their a contractors or subrecipients or their agents. It is unlawful fo architect, bidder, contractor, construction manager, design prof offer or, seller, subcontractor, supplier, or vendor), to make g employee of the Governor€s Cabinet Agencies (i.e., Administratio Crime Control and Public Safety, Cultural Resources, Environment Health and Human Services, Juvenile Justice and Delinquency Prev Transportation, and the Office of the Governor). This prohibiti contractors who: (1) have a contract with a governmental agency; or (2) have performed under such a contract within the past year; o (3) anticipate bidding on such a contract in the future. State Executive Order 24 and G.S. Sec. 133-32. (1) Personal Conflicts of Interest. The Contractor agrees that standards of conduct shall prohibit the Contractor's employees, members, or agents from participating in the selection, award, or administration of any third party contract or subagreement suppo Federal/State assistance if a real or apparent conflict of inter involved. Such a conflict would arise when an employee, officer member, or agent, including any member of his or her immediate f partner, or organization that employs, or intends to employ, any listed herein has a financial interest in the firm selected for (2) Organizational Conflicts of Interest. The Contractor agrees standards of conduct shall include procedures for identifying an real and apparent organizational conflicts of interest. An organi conflict of interest exists when the nature of the work to be pe proposed third party contract or subagreement may, without some on future activities, result in an unfair competitive advantage contractor or subrecipient or impair its objectivity in performi work. b. Debarment and Suspension. The Contractor agrees to comply, a compliance of each third party contractor and subrecipient at an Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," Š 6101 note, and U.S. DOT regulations, "Governmentwide Debarment Suspension (Nonprocurement)," 49 C.F.R. Part 29. The Contractor assures that its third party contractors and subrecipients will, Parties Listing System at (http://epls.arnet.gov/) before enteri c. Bonus or Commission. The Contractor affirms that it has not to pay, any bonus or commission to obtain approval of its Federa application for the Project. d. Lobbying Restrictions. The Contractor agrees that: (1) It will comply, and will assure the compliance of each third any tier and each subrecipient at any tier, with U.S. DOT regulati Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necess U.S.C. Š 1352, and Page 6 of 30 (2) To the extent applicable, it will comply with Federal/State la prohibiting the use of Federal/State assistance for activities d influence Congress or a State legislature with respect to legisl appropriations, except through proper, official channels. e. Employee Political Activity. To the extent applicable, the C comply with the provisions of the Hatch Act, 5 U.S.C. ŠŠ 1501 th 7324 through 7326, and U.S. Office of Personnel Management regulat "Political Activity of State or Local Officers or Employees," 5 Hatch Act limits the political activities of State and local age and employees, whose principal employment activities are finance with Federal funds including a Federal grant, cooperative agreem Nevertheless, in accordance with 49 U.S.C. Š 5307(k)(2)(B) and 2 the Hatch Act does not apply to a nonsupervisory employee of a p transportation system (or of any other agency or entity performi receiving FTA assistance to whom the Hatch Act would not otherwi f. False or Fraudulent Statements or Claims. The Contractor ack agrees that: (1) Civil Fraud. The Program Fraud Civil Remedies Act of 1986, as U.S.C. ŠŠ 3801 et seq., and U.S. DOT regulations, "Program Fraud Remedies," 49 C.F.R. Part 31, apply to its activities in connectio Project. By executing this Agreement for the Project, the Contr or affirms the truthfulness and accuracy of each statement it ha makes, or it may make in connection with the Project. In additi penalties that may apply, the Contractor also understands that i false, fictitious, or fraudulent claim, statement, submission, c assurance, or representation to the Federal/State Government con Project, the Federal/State Government reserves the right to impo Contractor the penalties of the Program Fraud Civil Remedies Act amended, to the extent the Federal/State Government deems approp (2) Criminal Fraud. If the Contractor makes a false, fictitious statement, submission, certification, assurance, or representati Federal/State Government or includes a false, fictitious, or fraud statement or representation in any agreement with the Federal/St Government in connection with a Project authorized under 49 U.S. 53 or any other Federal law, the Federal/State Government reserv to impose on the Contractor the penalties of 49 U.S.C. Š 5323(l) 1001 or other applicable Federal/State law to the extent the Fed Government deems appropriate. Section 4 . Project Expenditures. a. General. The Department shall reimburse the Contractor for al work performed under the terms of this Agreement which shall be State funds. The Contractor shall expend funds provided in this accordance with the Approved Project Budget(s), included as Atta Agreement. It is understood and agreed that the work conducted Agreement shall be done on an actual cost basis by the Contracto submitted for reimbursement shall include all eligible cost incu Covered. The Period Covered represents the monthly or quarterly which the project reports expenditures to the Department All pay the Department will be on a reimbursable basis unless the Contra Page 7 of 30 the Department approves an advance payment. The Department allows good standing to request advance payment (prior to issuing payme for vehicles and other high-cost capital items. The Contractor advance payments into its account when received and issue paymen within 3 (three) business days. The amount of reimbursement fro shall not exceed the funds budgeted in the approved Project Budg Contractor shall initiate and prosecute to completion all action the Contractor to provide its share of project costs at or prior funds are needed to meet project costs. The Contractor shall pr project costs from sources other than FTA and State funds from t Any costs for work not eligible for Federal and State participat one hundred percent (100%) by the Contractor. b. Payment. The Contractor shall submit itemized invoices to the frequently than monthly, nor less frequently than quarterly, rep invoicing forms furnished by the Department for work performed und Agreement. Additional forms must be submitted with each reimbur tp report on contracting activities with Historically Underutili Minority and Women Business Enterprise (MBE/WBE) firms. Invoice supported by documentation of costs unless otherwise waived by t Failure to request reimbursement for eligible project costs as o termination of the Project. Expenditures submitted for reimburs all eligible costs incurred within the Period Covered. All requ must be submitted within (30) days following the end of the proj period. Failure to request reimbursement for eligible projects c the Period Covered as outlined may result in non-payment and/or . Project Invoices shall be approved by the Department€s Public Transpor Division and reviewed by the Department's External Audit Branch A retainage of five percent (5%) of the approved payment may be approved Project is completed, accepted, and the final audit has c. Excluded Costs. The Contractor understands and agrees that, the Department determines otherwise in writing, ineligible costs follows: (1) In determining the amount of State assistance the Department Department will exclude: (a) Any Project cost incurred by the Contractor before the Effec the Grant; (b) Any cost that is not included in the latest Approved Project (c) Any cost for Project property or services received in connec third party contract or subagreement with a subrecipient that mu approved by the Department, or other arrangement required to be, has not been, concurred in or approved in writing by the Departm (d) Any non-project cost consistent with the prohibitions of 49 5323(h); and (e) Any cost ineligible for FTA/Department participation as prov applicable Federal/State laws, regulations, or directives. (2) The Contractor understands and agrees that payment to the Co any Project cost does not constitute the State Government€s fina about whether that cost is allowable and eligible for payment an constitute a waiver of any violation by the Contractor of the te Page 8 of 30 Agreement. The Contractor acknowledges that the State Government make a final determination about the allowability and eligibilit an audit of the Project has been completed. If the State Govern determines that the Contractor is not entitled to receive any po State assistance the Contractor has requested or provided, the D will notify the Contractor in writing, stating its reasons. The that Project closeout will not alter the Contractor 's responsib funds due the State Government as a result of later refunds, cor other transactions; nor will Project closeout alter the State Go to disallow costs and recover funds on the basis of a later audi review. Unless prohibited by Federal/State law or regulation, t Government may recover any State assistance funds made available Project as necessary to satisfy any outstanding monetary claims Government may have against the Contractor. d. State Claims, Excess Payments, Disallowed Costs, including In (1) Contractor 's Responsibility to Pay. Upon notification to t specific amounts are owed to the State Government, whether for e payments of State assistance, disallowed costs, or funds recovered parties or elsewhere, the Contractor agrees to remit to the Depa promptly the amounts owed, including applicable interest and any and administrative charges. (2) Amount of Interest. The Contractor agrees to remit to the D owed as determined in accordance with N.C.G.S. 147-86.23. e. De-obligation of Funds. The Contractor agrees that the Departm obligate unexpended State funds before Project closeout. Section 5 . Accounting Records. a. Establishment and Maintenance of Accounting Records. The Con establish and maintain separate accounts for the public transpor either independently or within the existing accounting system. Al the program shall be in accordance with most current approved bu reported to the Department in accordance with invoicing forms pr Department. b. Documentation of Project Costs. All costs charged to the Pro approved services performed by the Contractor or others, shall b properly executed payrolls, time records, invoices, contracts, or evidencing in detail the nature and propriety of the charges, as C.F.R. 18, the Office of Management and Budget Circulars A-87,  for State, Local, and Indian Tribal Governments‚ and A-102 Gran Cooperative Agreements with State and Local Governments." c. Allowable Costs. Expenditures made by the Contractor shall b allowable costs to the extent they meet all of the requirements They must be: (1) Consistent with the Project Description, plans, specificatio Budget and all other provisions of this Agreement; (2) Necessary in order to accomplish the project; (3) Reasonable in amount for the goods or services purchased; (4) Actual net costs to the Contractor, i.e., the price paid min refundable sales and use taxes pursuant to N.C.G.S. 105-164.14), Page 9 of 30 other items of value received by the Contractor that have the effe reducing the cost actually incurred; (5) Incurred (and be for work performed) within the period of pe Agreement unless specific authorization from the Department to t is received; (6) In conformance with the standards for allowability of costs Management and Budget (OMB) Circular A-87 Cost Principles for S Local, and Indian Tribal Governments;‚ (7) Satisfactorily documented; and (8) Treated uniformly and consistently under accounting principl procedures approved or prescribed by the Department. Section 6 . Reporting, Record Retention, and Access. a. Reports. The Contractor shall advise the Department regardin Project at such time and in such a manner as the Department may including, but not limited to meetings and progress reports. The Contractor shall collect and submit to the Department at suc require, such financial statements, data, records, contracts, an related to the Project as may be deemed necessary by the Departm reports shall include narrative and financial statements of suff in conformance with the reporting requirements of the Department The Contractor will be responsible for having an adequate cost a and the ongoing burden of proof of adequacy for such system shal Contractor. The Department will determine whether or not the Co adequate cost accounting system. Such determination shall be do prior to payment of any invoices pursuant to the Agreement, and as deemed necessary by the Department. In the event of a negati such determining proceedings, the Department may suspend, revoke conditions upon its determination, and/or may recommend or requi actions as appropriate. b. Record Retention. The Contractor and its third party contract records pertaining to this Project for a period of five (5) year payment to the Contractor, or until all audit exceptions have been whichever is longer, in accordance with Records Retention and D Schedule ƒ Public Transportation Systems and Authorities, April (http://www.ah.dcr.state.nc.us/records/local/). c. Access to Records of Contractor and Subcontractors. The Cont and shall require its third party contractors to permit the Depa Comptroller General of the United States, and the Secretary of the Department of Transportation, or their authorized representative work, materials, payrolls, and other data and records with regar to audit the books, records, and accounts of the Contractor pert Project. d. Project Closeout. The Contractor agrees that Project closeout reporting and record retention requirements of this Section 6 of Section 7 . Project Completion, Audit, Settlement, and Closeout. a. Project Completion. Within ninety (90) calendar days followi the end of the Project€s period of performance, or termination b the Contractor agrees to submit a final reimbursement request to t for eligible Project expenses. Page 10 of 30 b. Financial Reporting and Audit Requirements. In accordance with 133, "Audits of State, Local Governments and Non-Profit Organiza June 27, 2003, and N.C.G.S. 159-34, the Contractor shall have its a as soon as possible after the close of each fiscal year by an in The Contractor agrees to submit the required number of copies of reporting package to the Local Government Commission four months Contractor€s fiscal year-end. c. Audit Costs. Unless prohibited by law, the costs of audits ma the provisions of OMB Circular A-133 are allowable charges to St awards. The charges may be considered a direct cost or an allocat as determined in accordance with cost principles outlined in OMB Cost Principles for State, Local, and Indian Tribal Governments audit not conducted in accordance with OMB Circular A-133 and N. unallowable and shall not be charged to State or Federal grants. d. Funds Owed to the Department. The Contractor agrees to remit any excess payments made to the Contractor, any costs disallowed Department, and any amounts recovered by the Contractor from third from other sources, as well as any penalties and any interest re Subsection 4g of this Agreement. e. Project Closeout. Project closeout occurs when the Departmen project payment or acknowledges that the Contractor has remitted refund. The Contractor agrees that Project closeout by the Depart invalidate any continuing requirements imposed by this Agreement Section 8 . Civil Rights. The Contractor agrees to comply with all applic laws and implementing regulations including, but not limited to, a. Nondiscrimination in Public Transportation Programs. The Contr comply, and assures the compliance of each third party contracto each subrecipient at any tier of the Project, with the provisions which prohibit discrimination on the basis of race, color, creed or age, and prohibits discrimination in employment or business o b. Nondiscrimination ƒ Title VI of the Civil Rights Act. The Co comply, and assures the compliance of each third party contracto each subrecipient at any tier of the Project, with all provisions discrimination on the basis of race, color, or national origin o Rights Act of 1964, as amended, 42 U.S.C. ŠŠ 2000d et seq., and regulations, "Nondiscrimination in Federally-Assisted Programs o of Transportation ƒ Effectuation of Title VI of the Civil Rights 21. c. Equal Employment Opportunity. The Contractor agrees to compl compliance of each third party contractor at any tier of the Pro subrecipient at any tier of the Project, with all equal employment provisions of 49 U.S.C. Š 5332, with Title VII of the Civil Righ amended, 42 U.S.C. Š 2000e, and implementing Federal regulations subsequent amendments thereto. The Contractor agrees that it wi discriminate against any employee or applicant for employment be color, creed, sex, disability, age, or national origin. The Con affirmative action to ensure that applicants are employed and th treated during employment without regard to their race, color, c age, or national origin. Such action shall include, but not be Page 11 of 30 upgrading, demotion or transfer, recruitment or recruitment advert termination; rates of pay or other forms of compensation; and se including apprenticeship. d. Minority and Women Business Enterprise (MBE/WBE). (1) Policy.It is the policy of the North Carolina Department of Transportati that Minority Business Enterprises and Women Business Enterprise (MBE/WBEs) as defined in GS 136-28.4 shall have the equal opportunity to compete fairly for and to participate in the performance of cont State Funds. The Contractor is also encouraged to give every opportunity to a participation in Supplemental Agreements. (2) Obligation. The Contractor, subconsultant, and subcontractor discriminate on the basis of race, religion, color, creed, natio handicapping condition or age in the performance of this contract. Contractor shall comply with applicable requirements of GS 136-28.4 in the award and administration of federally assisted contracts. Failu Contractor to comply with these requirements is a material breac contract, which will result in the termination of this contract remedy, as the Department deems necessary. (3) Goals. Even though specific MBE/WBE goals are not establish project, the Department encourages the Contractor to have partic MBE/WBE contractors and/or suppliers. (4) Listing of MBE/WBE Subcontractors. The Contractor, at the t Intent is submitted, shall submit a listing of all known MBE/WBE that will participate in the performance of the identified work. shall be submitted on the Department€s Form RS-2. In the event has no MBE/WBE participation, the contractor shall indicate this RS-2 by entering the word None€ or the number zero€ and the fo signed. Form RS-2 may be accessed on the website at https://apps.dot.state.nc.us/quickfind/forms/Default.aspx. (5) Certified Transportation Firm Directory. Real-time informat contractors doing business with the Department and contractors t certified through North Carolina€s Unified Certification Program is the Directory of Transportation Firms. The Directory can be acc link on the Department€s homepage or by entering https://apps.dot.state.nc.us/vendor/directory in the address bar of your web browser. Only contractors identified as MBE/WBE certified in th shall be listed in the proposal. The listing of an individual contractor in the Department€s dire construed as an endorsement of the contractor€s capability to pe work. (6) Reporting MBE/WBE Enterprise Participation. When payments a made to MBE/WBE contractors, including material suppliers levels (Contractor, subconsultant or subcontractor) shall provide Administrator with an accounting of said payments. The accounti listed on the Department€s Subcontractor Payment Information For DBE-IS). In the event the contractor has no MBE/WBE participatio contractor shall indicate this on the Form DBE-IS by entering th Page 12 of 30 the number zero€ and the form shall be signed. Form DBE-IS may be on the website at https://apps.dot.state.nc.us/quickfind/forms/Default.aspx. A responsible fiscal officer of the payee Contractor, sub subcontractor who can attest to the date and amounts of the payment certify that the accounting is correct. A copy of an acceptable obtained from the Department of Transportation. This information submitted as part of the requests for payments made to the Depar e. Nondiscrimination on the Basis of Sex. The Contractor agrees applicable requirements of Title IX of the Education Amendments amended, 20 U.S.C. ŠŠ 1681 et seq., and with implementing Federal that prohibit discrimination on the basis of sex that may be app f. Nondiscrimination on the Basis of Age. The Contractor agrees applicable requirements of the Age Discrimination Act of 1975, a U.S.C. ŠŠ 6101 et seq., and with implementing regulations, which p employment and other discrimination against individuals on the b g. Access for Individuals with Disabilities. The Contractor agr U.S.C. Š 5301(d), which states the Federal policy that elderly i individuals with disabilities have the same right as other individ transportation services and facilities, and that special efforts planning and designing those services and facilities to implemen accessibility rights for elderly individuals and individuals wit Contractor also agrees to comply with all applicable provisions Rehabilitation Act of 1973, as amended, with 29 U.S.C. Š 794, wh discrimination on the basis of disability; with the Americans wi 1990 (ADA), as amended, 42 U.S.C. ŠŠ 12101 et seq., which requir accessible facilities and services be made available to individu and with the Architectural Barriers Act of 1968, as amended, 42 seq., which requires that buildings and public accommodations be individuals with disabilities. In addition, the Contractor agre applicable Federal regulations and directives and any subsequent thereto, except to the extent the Department determines otherwis follows: (1) U.S. DOT regulations, "Transportation Services for Individua (ADA)," 49 C.F.R. Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Han Programs and Activities Receiving or Benefiting from Federal Fin Assistance," 49 C.F.R. Part 27; (3) Joint U.S. Architectural and Transportation Barriers Complia ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C. and 49 C.F.R. Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Dis and Local Government Services," 28 C.F.R. Part 35; (5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Dis Accommodations and in Commercial Facilities," 28 C.F.R. Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 C.F.R. Subpa (7) U.S. Equal Employment Opportunity Commission, "Regulations t the Equal Employment Provisions of the Americans with Disabiliti C.F.R. Part 1630; Page 13 of 30 (8) U.S. Federal Communications Commission regulations, "Telecommu Relay Services and Related Customer Premises Equipment for the H and Speech Disabled," 47 C.F.R. Part 64, Subpart F; and (9) U.S. ATBCB regulations, Electronic and Information Technolo Standards,‚ 36 C.F.R. Part 1194; (10) FTA regulations, "Transportation for Elderly and Handicappe C.F.R. Part 609; and (11) Federal civil rights and nondiscrimination directives imple foregoing regulations. h. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights extent applicable, the Contractor agrees to comply with the conf civil rights protections of the Drug Abuse Office and Treatment Act amended, 21 U.S.C. ŠŠ 1174 et seq., with the Comprehensive Alcoh Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, U.S.C. ŠŠ 4581 et seq., and with the Public Health Service Act o amended, 42 U.S.C. ŠŠ 290dd-3 and 290ee-3, and any subsequent am these acts. i. Access to Services for Persons with Limited English Proficien applicable and except to the extent that the Department determin writing, the Contractor agrees to comply with the policies of Exec 13166, "Improving Access to Services for Persons with Limited En 42 U.S.C. Š 2000d-1 note, and with the provisions of U.S. DOT No Guidance to Recipients on Special Language Services to Limited E (LEP) Beneficiaries,‚ 66 Fed. Reg. 6733 et seq., January 22, 200 j. Environmental Justice. The Contractor agrees to comply with Executive Order No. 12898, "Federal Actions to Address Environme Minority Populations and Low-Income Populations," 42 U.S.C. Š 4321 to the extent that the Department determines otherwise in writin k. Other Nondiscrimination Laws. The Contractor agrees to compl provisions of other Federal laws, regulations, and directives pe prohibiting discrimination that are applicable, except to the exte determines otherwise in writing. Section 9 . Planning and Private Enterprise. a. General. To the extent applicable, the Contractor agrees to in a manner consistent with the plans developed in compliance wi planning and private enterprise provisions of the following: (1) 4 5304, 5306, and 5323(a)(1); (2) the joint Federal Highway Admini (FHWA)/FTA document, Interim Guidance for Implementing Key SAFE Provisions on Planning, Environment, and Air Quality for Joint F Authorities,‚ dated September 2, 2005, and subsequent Federal di implementing SAFETEA-LU, except to the extent FTA determines oth writing; (3) joint FHWA/FTA regulations, "Planning Assistance an C.F.R. Part 450 and 49 C.F.R. Part 613 to the extent that those consistent with the SAFETEA-LU amendments to public transportat and private enterprise laws, and subsequent amendments to those may be promulgated; and (4) FTA regulations, Major Capital Inve 49 C.F.R. Part 611, to the extent that those regulations are con SAFETEA-LU amendments to the public transportation planning and Page 14 of 30 enterprise laws, and any subsequent amendments to those regulation subsequently promulgated. b. Governmental and Private Nonprofit Providers of Nonemergency addition to providing opportunities to participate in planning a Subsection 9a of this Agreement, to the extent feasible the Contra comply with the provisions of 49 U.S.C. Š 5323(k), which afford agencies and nonprofit organizations that receive Federal assist nonemergency transportation from Federal Government sources (oth DOT) an opportunity to be included in the design, coordination, transportation services. c. Infrastructure Investment. During the implementation of the agrees to take into consideration the recommendations of Executi 12803, "Infrastructure Privatization," 31 U.S.C. Š 501 note, and E 12893, "Principles for Federal Infrastructure Investments," 31 U Section 10 . Preference for United States Products and Services. To the ex applicable, the Contractor agrees to comply with U.S. domestic p Section 11 . Procurement. To the extent applicable, the Contractor agrees the following third party procurement provisions: a. Federal Standards. The Contractor agrees to comply with the th procurement requirements of 49 U.S.C. chapter 53 and other appli laws in effect now or as subsequently enacted; with U.S. DOT third procurement regulations of 49 C.F.R. ŠŠ 18.36 and other applicab regulations pertaining to third party procurements and subsequen thereto, to the extent those regulations are consistent with SAF and Article 8 of Chapter 143 of the North Carolina General Statu also agrees to comply with the provisions of FTA Circular 4220.1 Contracting Requirements," to the extent those provisions are co SAFETEA-LU provisions and with any subsequent amendments thereto the extent the Department or the FTA determines otherwise in wri the FTA Best Practices Procurement Manual‚ provides additional guidance, the Contractor understands that the FTA Best Practice Manual‚ is focused on third party procurement processes and may Federal requirements applicable to the third party contract work The Contractor shall establish written procurement procedures th required Federal and State standards. b. Full and Open Competition. In accordance with 49 U.S.C. Š 53 agrees to conduct all procurement transactions in a manner that open competition as determined by the Department and FTA. c. Exclusionary or Discriminatory Specifications. Apart from in imposed by Federal laws or regulations, the Contractor agrees to requirements of 49 U.S.C. Š 5325(h) by not using any Federal assis by FTA to support a procurement using exclusionary or discrimina d. Geographic Restrictions. The Contractor agrees that it will local geographic preference, except State or local geographic pr expressly mandated or as permitted by the Department. e. Department Pre-Award Approval. The Contractor agrees to subm documents to the Department for its review and approval prior to contract/subcontract under this Agreement for any of the following: Page 15 of 30 (1) Any brand name‚ product or sole source purchase equal to or g $2,500; (2) Any contract/subcontract to other than the apparent lowest b greater than $2,500; (3) Any procurement equal to or greater than $90,000; (4) Any contract modification that would change the scope of a c increase the contract amount up to or over the formal (sealed) b $90,000. f. Project Approval/Third Party Contract Approval. Except to th Department determines otherwise in writing, the Contractor agree Department's award of State assistance for the Project does not, b pre-approval of any non-competitive third party contract associa g. Preference for Recycled Products. To the extent applicable, to comply with U.S. EPA regulations, Comprehensive Procurement Products Containing Recovered Materials,‚ 40 C.F.R. Part 247, whic Section 6002 of the Resource Conservation and Recovery Act, as a U.S.C. Š 6962, and with subsequent Federal regulations that may Accordingly, the Contractor agrees to provide a competitive pref and services that conserve natural resources, protect the enviro energy efficient. h. Clean Air and Clean Water. The Contractor agrees to include contract and subagreement exceeding $100,000 adequate provisions that each Project participant will agree to report the use of faci likely to be placed on the U.S. Environmental Protection Agency Violating Facilities," to not use any violating facilities, to r Department and the Regional U.S. EPA Office, and to comply with and other applicable requirements of: (1) Section 306 of the Clean Air Act, as amended, 42 U.S.C. Š 74 applicable provisions of the Clean Air Act, as amended, 42 U.S.C through 7671q; and (2) Section 508 of the Clean Water Act, as amended, 33 U.S.C. Š1 applicable requirements of the Clean Water Act, as amended, 33 U 1251 through 1377. i. National Intelligent Transportation Systems Architecture and extent applicable, the Contractor agrees to conform to the Natio Transportation Systems (ITS) Architecture and Standards as require LU Š 5307(c), 23 U.S.C. Š 512 note, and comply with FTA Notice, ITS Architecture Policy on Transit Projects" 66 Fed. Reg. 1455 e 2001, and any subsequent further implementing directives, except FTA or the Department determines otherwise in writing. j. Competitive Proposal/Request for Proposal (RFP). The competit request for proposal (RFP) method of procurement is normally con than one source submitting an offer, i.e., proposal. Either a fix reimbursement type contract is awarded. This method of procurem used when conditions are not appropriate for the use of sealed b Contractor acknowledges that certain restrictions apply under No use of the RFP method and these restrictions and exceptions are (1) The Contractor agrees that the RFP Method may not be used in invitation for bids (IFB) for: (a) Construction/repair work; or Page 16 of 30 (b) Purchase of apparatus, supplies, materials or equipment. See n Subsection, this Agreement, regarding information technology goo services. (2) The Contractor agrees that the RFP method of solicitation ma addition to or instead of any other procedure available under No law) for the procurement of information technology goods and ser defined in N.C.G.S. 147-33.81(2)]. This applies to electronic d goods and services, telecommunications goods and services, secur and services, microprocessors, software, information processing, systems, any services related to the foregoing, and consulting o services for design or redesign of information technology suppor processes. The Contractor will comply with the following minimu requirements [N.C.G.S. 143-129.8]: (a) Notice of the request for proposals shall be given in accord N.C.G.S. 143-129(b). (b) Contracts shall be awarded to the person or entity that subm overall proposal as determined by the awarding authority. Facto considered in awarding contracts shall be identified in the requ proposals. (c) The Contractor may use procurement methods set forth in N.C 143-135.9 in developing and evaluating requests for proposals. (d) The Contractor may negotiate with any proposer in order to o contract that best meets the needs of the Contractor. (e) Any negotiations shall not alter the contract beyond the sco original request for proposals in a manner that deprives the pro potential proposers of a fair opportunity to compete for the con would have resulted in the award of the contract to a different entity if the alterations had been included in the request for p (f) Proposals submitted shall not be subject to public inspectio contract is awarded. (3) The Contractor agrees that the RFP method, in accordance wit 4220.1E, under the guidelines of FTA Best Practices Procurement should be used for procurements of professional services, such a consultants for planning activities and for transit system operations/management. The Contractor acknowledges that certain restrictions apply under North Carolina law for use of the RFP m these restrictions and exceptions are discussed in Subsection 11 Agreement. When the RFP method is used for procurement of professional serv Contractor agrees to abide by the following minimum requirements (a) Normally conducted with more than one source submitting an o (proposal); (b) Either fixed price or cost reimbursement type contract will used; (c) Generally used when conditions are not appropriate for use o bids; (d) Requests for proposals will be publicized; All evaluation factors will be identified along with their relat importance; Page 17 of 30 (e) Proposals will be solicited from an adequate number (3 is reco of qualified sources; (f) A standard method must be in place for conducting technical of the proposals received and for selecting awardees; (g) Awards will be made to the responsible firm whose proposal i advantageous to the Contractor's program with price and other fa considered; and (h) In determining which proposal is most advantageous, the Cont award to the proposer whose proposal offers the greatest busines (best value) to the agency. Best value‚ is based on determinat which proposal offers the best tradeoff between price and perfor where quality is considered an integral performance factor. k. Award to Other than the Lowest Bidder. In accordance with St party contract may be awarded to other than the lowest bidder, i an objective (such as improved long-term operating efficiency and costs). When specified in bidding documents, factors such as di transportation costs, and life cycle costs will be considered in is lowest. Prior to the award of any contract equal to or great than apparent lowest bidder, the Contractor shall submit its rec with basis/reason for selection to the Department for pre-award l. Award to Responsible Contractors. The Contractor agrees to aw contracts only to responsible contractors who possess potential successfully perform under the terms and conditions of the proposed p Consideration will be given to such matters as contractor integr public policy, record of past performance, and financial and tec Contracts will not be awarded to parties that are debarred, susp excluded from or ineligible for participation in Federal assista activities in accordance with the Federal debarment and suspensi 29. For procurements over $25,000, the Contractor shall comply, compliance of each third party contractor and subrecipient at an debarment and suspension rule. FTA and the Department recommend grantees use a certification form for projects over $25,000, whi with Federal funds. A sample certification form can be obtained Department. The Contractor also agrees to check a potential con debarment/suspension status at the following Web site: http://epls.arnet.gov/. m. Contract Administration System. The Contractor shall maintain administration system that ensures that contractors/subcontracto accordance with the terms, conditions, and specifications of their c purchase orders. n. Access to Third Party Contract Records. The Contractor agree require its third party contractors and third party subcontracto the Project as required, to provide to the Federal and State award their duly authorized representatives, access to all third party extent required by 49 U.S.C. Š 5325(g), and retain such document (5) years after project completion. Section 12 . Leases. a. Capital Leases. To the extent applicable, the Contractor agr regulations, "Capital Leases," 49 C.F.R. Part 639, and any revis Page 18 of 30 b. Leases Involving Certificates of Participation. The Contractor Department€s concurrence before entering into any leasing arrang the issuance of certificates of participation in connection with t capital asset. Section 13 . Hold Harmless. Except as prohibited or otherwise limited by S except to the extent that the Department determines otherwise in State Government, the Contractor agrees to indemnify, save, and ho Government and its officers, agents, and employees acting within duties against any liability, including costs and expenses, resu intentional violation by the Contractor of proprietary rights, c arising out of the publication, translation, reproduction, deliv furnished under the Project. The Contractor shall not be requir Government for any such liability caused by the wrongful acts of Section 14 . Use of Real Property, Equipment, and Supplies. The Contractor understands and agrees that the State Government retains a State property, equipment, and supplies financed with State assistance ( to the extent, that the State Government relinquishes its State With respect to any Project property financed with State assista Contractor agrees to comply with the following provisions of thi extent the Department determines otherwise in writing: a. Use of Project Property. The Contractor agrees to use Projec appropriate Project purposes (which may include joint developmen generate program income, both during and after the award period an support public transportation activities) for the duration of th property, as required by the Department. Should the Contractor delay or fail to use Project property during the useful life of Contractor agrees that it may be required to return the entire a assistance expended on that property. The Contractor further ag Department immediately when any Project property is withdrawn fr when any Project property is used in a manner substantially diff representations the Contractor has made in its Application or in Description for this Agreement for the Project. b. General. The Contractor agrees to comply with the property ma of 49 C.F.R. ŠŠ 18.31 through 18.33, including any amendments th other applicable Federal and State regulations and directives. An requirements of 49 C.F.R. ŠŠ 18.31 through 18.33 requires the ex the Department in writing. c. Records. The Contractor agrees to keep satisfactory records of Project property, and submit to the Department upon request s may be required to assure compliance with this Section 14 of this d. Encumbrance of Project Property. The Contractor agrees to ma continuing control of Project property as follows: (1) Written Transactions. The Contractor agrees that it will not transfer of title, lease, lien, pledge, mortgage, encumbrance, t contract, subagreement, grant anticipation note, alienation, innova arrangement (such as a cross border lease, leveraged lease, or o any other obligation pertaining to Project property, that in any affect the continuing State interest in that Project property. Page 19 of 30 (2) Oral Transactions. The Contractor agrees that it will not obl manner to any third party with respect to Project property. (3) Other Actions. The Contractor agrees that it will not take an affecting the State interest in or impair the Contractor's conti the use of Project property. e. Insurance Proceeds. If the Contractor receives insurance pro damage or destruction to the Project property, the Contractor ag (1) Apply those insurance proceeds to the cost of replacing the da destroyed Project property taken out of service, or (2) Return to the Department an amount equal to the remaining St the damaged or destroyed Project property. f. Misused or Damaged Project Property. If any damage to Projec from abuse or misuse occurring with the Contractor's knowledge a Contractor agrees to restore the Project property to its original the value of the State interest in that property, as the Departm g. Responsibilities after Project Closeout. The Contractor agre by the Department will not change the Contractor€s Project prope responsibilities as stated in Section 14 of this Agreement, and as in subsequent Federal and State laws, regulations, and directive extent the Department determines otherwise in writing. Section 15 . Insurance. The Contractor shall be responsible for protecting financial interests in all items purchased under this Agreement Project property. Section 16 . Patent Rights. If any invention, improvement, or discovery of or any third party contractor or any subrecipient at any tier of actually reduced to practice in the course of or under the Project, improvement, or discovery is patentable under the laws of the Un foreign country, the Contractor agrees to notify the Department detailed report in a format satisfactory to the Department. The and responsibilities, and those of each third party contractor a subrecipient at any tier of the Project, pertaining to that inve will be determined in accordance with 37 C.F.R. Part 401 and any State laws, regulations, including any waiver thereof. Section 17 . Rights in Data and Copyrights. a. Data. The term "subject data," as used in this Section 14 of recorded information, whether or not copyrighted, that is delive delivered under this Agreement for the Project. Examples include, limited to: computer software, standards, specifications, engine associated lists, process sheets, manuals, technical reports, ca identifications, and related information. "Subject data" does n reports, cost analyses, or similar information used for Project Contractor acknowledges that, regarding any subject data first p performance of this Agreement for the Project, except for its ow Contractor may not publish or reproduce subject data in whole or manner or form, nor may the Contractor authorize others to do so written consent of the Department, unless the Department has pre or approved the release of such data to the public. Page 20 of 30 b. Copyrights. The Contractor acknowledges that the FTA reserves a nonexclusive, and irrevocable license to reproduce, publish or o authorize others to use, for Federal Government purposes: (1) The copyright in any work developed under this Agreement or subagreement/subcontract; and (2) Any rights of copyright to which the Contractor or its subrecipients/subcontractors purchase ownership with funds award Project. c. Hold Harmless. Except as prohibited or otherwise limited by S the extent that FTA or the Department determines otherwise in wr request by the State Government, the Contractor agrees to indemnif hold harmless the State Government and its officers, agents, and within the scope of their official duties against any liability, expenses, resulting from any willful or intentional violation by proprietary rights, copyrights, or right of privacy, arising out translation, reproduction, delivery, use, or disposition of any the Project. The Contractor shall not be required to indemnify Government for any such liability caused by the wrongful acts of employees or agents. Section 18 . Employee Protections. a. Activities Not Involving Construction. The Contractor agrees assures the compliance of each third party contractor and each s tier of the Project, with the employee protection requirements for employees of the Contract Work Hours and Safety Standards Act, a U.S.C. ŠŠ 3701 et seq., in particular the wage and hour requirem 102 of that Act at 40 U.S.C. Š 3702, and with U.S. DOL regulatio Standards Provisions Applicable to Contracts Governing Federally Assisted Construction (also Labor Standards Provisions Applicabl Nonconstruction Contracts Subject to the Contract Work Hours and Standards Act)," 29 C.F.R. Part 5. b. Activities Involving Commerce. The Contractor agrees that th Fair Labor Standards Act, 29 U.S.C. ŠŠ 201 et seq., apply to emp Project work involving commerce. Section 19 . Environmental Protections. The Contractor recognizes that man and State laws imposing environmental and resource conservation the Project. Some, but not all, of the major Federal laws that ma the National Environmental Policy Act of 1969, as amended, 42 U. the Clean Air Act, as amended, 42 U.S.C. ŠŠ 7401 through7671q an Title 29, United States Code; the Clean Water Act, as amended, 3 1377; the Resource Conservation and Recovery Act, as amended, 42 6992k; the Comprehensive Environmental Response, Compensation, a amended, 42 U.S.C. ŠŠ 9601 through 9675, as well as environmenta 23, United States Code, and 49 U.S.C. chapter 53. The Contracto EPA, FHWA and other Federal agencies have issued, and in the fut Federal regulations and directives that may affect the Project. comply, and assures the compliance of each third party contracto laws, regulations and directives as the Federal Government are i effective in the future, except to the extent the Federal Govern writing. Listed below are environmental provisions of particula Page 21 of 30 Department. The Contractor understands and agrees that those laws directives may not constitute the Contractor's entire obligation environmental and resource conservation requirements. a. National Environmental Policy. Federal assistance is conting Contractor€s facilitating FTA€s compliance with all applicable r implementing regulations of the National Environmental Policy Act amended, (NEPA) 42 U.S.C. ŠŠ 4321 through 4335 (as restricted by 5159, if applicable); Executive Order No. 11514, as amended, "Pr Enhancement of Environmental Quality," 42 U.S.C. Š 4321 note; FT requirements at 49 U.S.C. Š 5324(b); U.S. Council on Environment regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1508; and joint FHWA/FTA regulations, "Environmental Impact and Procedures," 23 C.F.R. Part 771 and 49 C.F.R. Part 622, and subs environmental protection regulations that may be promulgated. A enactment of 23 U.S.C. ŠŠ 139 and 326 as well as to amendments t 138, environmental decisionmaking requirements imposed on FTA pr implemented consistent with the joint FHWA/FTA document, Interi Implementing Key SAFETEA-LU Provisions on Planning, Environment, Quality for Joint FHWA/FTA Authorities,‚ dated September 2, 2005 subsequent applicable Federal directives that may be issued, exc that FTA determines otherwise in writing. b. Air Quality. Except to the extent the Federal Government det writing, the Contractor agrees to comply with all applicable Fed regulations, and directives implementing the Clean Air Act, as ame ŠŠ 7401 through 7671q, and: (1) The Contractor agrees to comply with the applicable requirem 176(c) of the Clean Air Act, 42 U.S.C. Š 7506(c), consistent wit FHWA/FTA document, Interim Guidance for Implementing Key SAFETE Provisions on Planning, Environment, and Air Quality for Joint F Authorities,‚ dated September 2, 2005, and any subsequent applic Federal directives that may be issued; with U.S. EPA regulations to State or Federal Implementation Plans of Transportation Plans and Projects Developed, Funded or Approved Under Title 23 US.C. Federal Transit Act," 40 C.F.R. Part 51, Subpart T; and "Determi Conformity of Federal Actions to State or Federal Implementation C.F.R. Part 93, and any subsequent Federal conformity regulation be promulgated. To support the requisite air quality conformity Project, the Contractor agrees to implement each air quality mit control measure incorporated in the Project. The Contractor fur that any Project identified in an applicable State Implementatio a Transportation Control Measure will be wholly consistent with concept and scope of the Project described in the SIP. (2) U.S. EPA also imposes requirements implementing the Clean Ai amended, which may apply to public transportation operators, par operators of large public transportation bus fleets. Accordingl agrees to comply with the following U.S. EPA regulations to the apply to the Project: "Control of Air Pollution from Mobile Sour Part 85; "Control of Air Pollution from New and In-Use Motor Veh New and In-Use Motor Vehicle Engines," 40 C.F.R. Part 86; and "F Economy of Motor Vehicles," 40 C.F.R. Part 600. Page 22 of 30 (3) The Contractor agrees to comply with notice of violating facil Executive Order No. 11738, "Administration of the Clean Air Act Federal Water Pollution Control Act with Respect to Federal Cont Grants, or Loans," 42 U.S.C. Š 7606 note. c. Clean Water. Except to the extent the Federal Government det in writing, the Contractor agrees to comply with all applicable and directives issued pursuant to the Clean Water Act, as amended, 1251 through 1377. In addition: (1) The Contractor agrees to protect underground sources of drin consistent with the provisions of the Safe Drinking Water Act of amended, 42 U.S.C. ŠŠ 300f through 300j-6. (2) The Contractor agrees to comply with notice of violating fac Executive Order No. 11738, "Administration of the Clean Air Act Federal Water Pollution Control Act with Respect to Federal Cont Grants, or Loans," 42 U.S.C. Š 7606 note. d. Use of Public Lands. The Contractor agrees that in implement not use any publicly owned land from a park, recreation area, or waterfowl refuge of national, State, or local significance as dete Federal, State, or local officials having jurisdiction thereof, land from a historic site of national, state, or local significa Government makes the findings required by 49 U.S.C. ŠŠ 303(b) an e. Wild and Scenic Rivers. The Contractor agrees to comply with provisions of the Wild and Scenic Rivers Act of 1968, as amended 1271 through 1287, relating to protecting components of the nation scenic rivers system; and to the extent applicable, to comply wi Service regulations, Wild and Scenic Rivers,‚ 36 C.F.R. Part 29 Bureau of Land Management regulations, Management Areas,‚ 43 C. 8350. f. Coastal Zone Management. The Contractor agrees to assure Pro with the approved State management program developed under the C Management Act of 1972, as amended, 16 U.S.C. ŠŠ 1451 through 1465 g. Wetlands. The Contractor agrees to facilitate compliance wit wetlands in accordance with Executive Order No. 11990, as amende of Wetlands," at 42 U.S.C. Š 4321 note. h. Floodplains. The Contractor agrees to comply with the flood floodplains in accordance with Executive Order No. 11988, as ame "Floodplain Management," 42 U.S.C. Š 4321 note. i. Endangered Species and Fisheries Conservation. The Contracto with protections for endangered species set forth in the Endange 1973, as amended, 16 U.S.C. ŠŠ 1531 through 1544, and the Magnuson Fisheries Conservation Act, as amended, 16 U.S.C. ŠŠ 1801 et seq j. Historic Preservation. The Contractor agrees to encourage co Federal historic and archaeological preservation requirements of National Historic Preservation Act, as amended, 16 U.S.C. Š 470f; Order No. 11593, "Protection and Enhancement of the Cultural Env U.S.C. Š 470 note; and with the Archaeological and Historic Pres 1974, as amended, 16 U.S.C. ŠŠ 469a through 469c, as follows: (1) In accordance with U.S. Advisory Council on Historic Preserv "Protection of Historic and Cultural Properties," 36 C.F.R. Part Contractor agrees to consult with the State Historic Preservatio Page 23 of 30 concerning investigations to identify properties and resources incl eligible for inclusion in the National Register of Historic Plac affected by the Project, and agrees to notify FTA of those prope affected. (2) The Contractor agrees to comply with all applicable Federal directives to avoid or mitigate adverse effects on those histori except to the extent the Federal Government determines otherwise k. Indian Sacred Sites. The Contractor agrees to facilitate com preservation of places and objects of religious importance to Am Eskimos, Aleuts, and Native Hawaiians, in compliance with the Americ Religious Freedom Act, 42 U.S.C. Š 1996, and with Executive Orde Indian Sacred Sites,‚ 42 U.S.C. Š 1996 note, except to the exte Government determines otherwise in writing. l. Mitigation of Adverse Environmental Effects. Should the prop result in adverse environmental effects, the Contractor agrees t reasonable measures to minimize the impact of those adverse effect by 49 U.S.C. Š 5324(b), and other applicable Federal laws and re including 23 C.F.R. Part 771 and 49 C.F.R. Part 622. The Contra comply with all environmental mitigation measures that may be id commitments in applicable environmental documents, (i.e., enviro assessments, environmental impact statements, memoranda of agree other documents as required by 49 U.S.C. Š 303) and agrees to co conditions the Federal Government might impose in a finding of n impact or record of decision. The Contractor agrees that those mitigation measures are incorporated by reference and made part Agreement for the Project. The Contractor also agrees that any measures will be incorporated by reference and made part of this Project as soon as agreement with the Federal Government is reac Contractor agrees that those mitigation measures agreed upon may or withdrawn without the express written approval of the Federal Section 20 . Energy Conservation. The Contractor agrees to comply with the Carolina Energy Policy Act of 1975 (N.C.G.S. 113B) issued in acc Policy and Conservation Act, as amended, 42 U.S.C. ŠŠ 6321 et seq. the Department determines otherwise in writing. To the extent a agrees to perform an energy assessment for any building construc modified with FTA assistance, as provided in FTA regulations, R Assessments,‚ 49 C.F.R. Part 622, Subpart C. Section 21 . Substance Abuse. To the extent applicable, the Contractor agr comply with the following Federal substance abuse regulations: a. Drug-Free Workplace. U.S. DOT regulations, Governmentwide Requ Drug-Free Workplace (Financial Assistance), 49 C.F.R. Part 32, t Drug-Free Workplace Act of 1988, 41 U.S.C. ŠŠ 701 et seq. b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, Pr Misuse and Prohibited Drug Use in Transit Operations,‚ 49 C.F.R. implement 49 U.S.C. Š 5331. Section 22 . Seat Belt Use. In accordance with Executive Order No. 13043, Seat Belt Use in the United States,‚ April 16, 1997, 23 U. S. C. encouraged to adopt and promote on-the-job seat belt use policies employees and other personnel that operate company-owned, rented Page 24 of 30 vehicles, and to include this provision in any third party contract subagreements involving the Project. Section 23 Text Messaging While Driving. In accordance with Executive Order No. 13513, Federal Leadership on Reducing Text Messaging While Driving Octo Š402 note, and DOT Order 3902.10, Text Messaging While December 3 is encouraged to comply with the term of the following Special P a. Definitions.As used in this Special Provision: (1) Driving‚ means operating a motor vehicle on a roadway, includ stationary because of traffic, a traffic light, stop sign, or ot being in your vehicle (with or without the motor running) in a l is safe and legal to remain stationary. (2) Text Messaging‚ means reading from or entering data into an device, including the purpose of short message service texting, obtaining navigating information, or engaging in any other form electronic data communication. The term does not include the use electronic device for the limited purpose of entering a telephon call or answer an incoming call, unless the practice is prohibit b. Safety. The Grantee is encouraged to: (1) Adopt and enforce workplace safety policies to decrease cras drivers including policies to ban text messaging while driving ƒ (a) Grantee-owned or Grantee-rented vehicles or Government-owned vehicles; (b) Privately-owned vehicles when on official Project related bu work for or on behalf of the Project; or (c) Any vehicle, on or off duty, and using an employer supplied (2) Conduct workplace safety initiatives in a manner commensurat such as: (a) Establishment of new rules and programs or re-evaluation of text messaging while driving; and (b) Education, awareness, and other outreach to employees about with texting while driving. (3) Include this Special Provision in its subagreements with its contracts and also encourage its subrecipients, lessees, and thi with the terms of this Special Provision, and include this Speci subagreement, lease, and third party contract at each tier finan provided by the Federal Government. Section 23 . Protection of Sensitive Security Information. To the extent a Contractor agrees to comply with 49 U.S.C. Š 40119(b) and implem regulations, Protection of Sensitive Security Information,‚ 49 C. U.S.C. Š 114(s) and implementing U.S. Department of Homeland Sec Security Administration regulations, Protection of Sensitive Se Part 1520. Section 24 . Disputes, Breaches, Defaults, or Other Litigation. The Contra that FTA and the Department have a vested interest in the settle default, or litigation involving the Project. Accordingly: a. Notification to the Department. The Contractor agrees to not writing of any current or prospective major dispute, breach, def may affect the Federal/State Government's interests in the Project Page 25 of 30 Federal/State Government's administration or enforcement of Federa regulations. If the Contractor seeks to name the Federal/State party to litigation for any reason, in any forum, the Contractor Department in writing before doing so. In turn, the Department for notifying FTA. b. Federal/State Interest in Recovery. The Federal/State Govern to a proportionate share, based on the percentage of the Federal awarded for the Project, of proceeds derived from any third party that the Contractor may return any liquidated damages recovered Account in lieu of returning the Federal/State share to the Depa c. Enforcement. The Contractor agrees to pursue all legal right third party contract. d. FTA and Department Concurrence. The FTA and the Department res to concur in any compromise or settlement of any claim involving the Contractor. e. Alternative Dispute Resolution. The Department encourages th alternative dispute resolution procedures, as may be appropriate Section 25 . Amendments/Revisions to the Project. The Contractor agrees th change in Project circumstances causing an inconsistency with th Agreement for the Project will require an amendment or revision to the Project signed by the original signatories or their authoriz successors. The Contractor agrees that a change in the fundamen submitted in its Application will also require an Amendment to i Agreement for the Project. The Contractor agrees that the proje costs associated with the amendment or revision before receiving from the division. The Contractor agrees that any requests for revisions will be submitted in accordance with the policies and by FTA and the Department. Section 26 . Information Obtained Through Internet Links. This Agreement m electronic links/Web site addresses to Federal/State laws, regul asother information. The Department does not guarantee the accura accessed through such links. Accordingly, the Contractor agrees through any electronic link within this Agreement does not repre Federal/State law, regulation, or directive, and might be inaccu obtained through such links is neither incorporated by reference Agreement. The Federal Register and the Code of Federal Regulat sources for regulatory information pertaining to the Federal Gov Section 27 . Severability. If any provision of the FTA Master Agreement or Agreement for the Project is determined invalid, the remainder o affected if that remainder would continue to conform to the requir Federal/State laws or regulations. Section 28 . Termination of Agreement. a. The Department of Transportation. In the event of the Contra with any of the provisions of this Agreement, the Department may terminate the Agreement by giving the Contractor thirty (30) days Any failure to make reasonable progress on the Project or violat Agreement for the Project that endangers substantial performance shall provide sufficient grounds for the Department to terminate the Project. In general, termination of Federal and State assis Page 26 of 30 will not invalidate obligations properly incurred by the Contracto termination date to the extent those obligations cannot be cance the Department determines that the Contractor has willfully misu assistance by failing to make adequate progress, failing to make appropriate use of Project property, or failing to comply with t Agreement for the Project, the Department reserves the right to Contractor to refund the entire amount of Federal and State assi the Project or any lesser amount as the Department may determine any Project time period established for the Project does not, by expiration or termination of the Agreement for the Project. The issuing notice of Agreement termination, shall allow the Contrac opportunity to correct for noncompliance. Upon noncompliance wi nondiscrimination section (Section 8) of this Agreement or with rules, regulations or orders, this Agreement may be cancelled, t suspended in whole or in part and the Contractor may be declared contracts in accordance with procedures authorized in Executive and No. 11375, and such other sanctions may be imposed and remed as provided in the said Executive Order or by rule, regulation o Secretary of Labor, or as otherwise provided by law. In additio Department€s rights of termination, the Department may terminate the Project by notifying and receiving the concurrence of the Co (60) days in advance of such termination. In addition to the De termination described above, the Department may terminate its pa Project by notifying and receiving concurrence of the Contractor days in advance of such termination. b. The Contractor. The Contractor may terminate its participati notifying and receiving the concurrence of the Department sixty advance of the termination. Section 29. Contract Administrators. All notices permitted or required to Party to the other and all questions about this Agreement from o addressed and delivered to the other Party€s Contract Administrato address, street address, telephone number, fax number, and email respective initial Contract Administrators are set out below. E name, postal address, street address, telephone number, fax numb Contract Administrator by giving timely written notice to the ot For the Department: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEAN Name: MR. CHARLIE C. WRIGHT Name: MR. CHARLIE C. WRIGHT Title: FINANCIAL MANAGER Title: FINANCIAL MANAGER Agency: NCDOT/PTD Agency: NCDOT/PTD MSC: 1550 MSC Street TRANSPORTATION BLDG Address: 1 S WILMINGTON ST 524 City/Zip: RALEIGH NC 27699-1550 City: RALEIGH NC Phone: 919 707-4673 Page 27 of 30 Fax: 919 733 2304 Email: CCWRIGHT@NCDOT.GOV For the Contractor: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Name: Name: Title: Title: Agency: Agency: Postal Street Address: Address: City/Zip: City: Phone: Fax: Email: Page 28 of 30 Section 30 . Federal Certification Regarding Lobbying. The Contractor cert signing this Agreement, its compliance with Subsection 3d of thi Section 31 . Federal Certification Regarding Debarment. The Contractor cer signing this Agreement, its compliance with Subsection 3b of thi Section 32 . Federal Certification Regarding Alcohol Misuse and Prohibited required by FTA regulations, Prevention of Alcohol Misuse and P Operations,‚ at 49 CFR part 655, subpart I, the Contractor certifi that it has established and implemented an alcohol misuse and an complied with or will comply with all applicable requirements of Alcohol Misuse and Prohibited Drug Use in Transit Operations,‚ 4 21 of this Agreement. Section 33. Ethics Acknowledgement Policy on Gifts. N.C.G.S. Š 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any anyone with a contract with the State, or from any person seekin State. By execution of any response in this procurement, you at organization and its employees or agents, that you are not aware offered, accepted, or promised by any employees of your organiza Page 29 of 30 IN WITNESS WHEREOF, this Agreement has been executed by the Depar agency of the State of North Carolina, and the Contractor by and representative, and is effective the date and year first above w CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY CONTRACTORS FEDERAL TAX ID NUMBER: CONTRACTORS FISCAL YEAR END: BY: TITLE:CHAIRPERSON (SEAL) ATTEST: TITLE: DEPARTMENT OF TRANSPORTATION BY: TITLE:DEPUTY SECRETARY FOR TRANSIT ATTEST: TITLE: SECRETARY Page 30 of 30 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT:13-09-491 SPONSOR:CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY WBS:36231.11.4.3 DEPARTMENT 4523 -CAPITAL APPROVED OBJECTTITLEBUDGET R306$ 101,502 44.24.00-S-RNG TRNSP PLN TOTAL CAPITAL101,502$ Approved Capital Budget Page 1 of 1 RESOLUTION _____________________________________________________________________ Introduced by: Joseph Mininni, Director of Finance & Administration Date: January 24, 2013 RESOLUTION AUTHORIZING CONTRACT WITH NCDOT FOR OPERATING AND PLANNING FUNDING - 5307 A motion was made by ___________________ and seconded by ______________for adoption of the following resolution and upon being up to a vote was duly adopted. WHEREAS , the Cape Fear Public Transportation Authority has requested the N.C. Department of Transportation to assist in funding of short range planning expenditures under the Operating and Planning program; and WHEREAS , the Cape Fear Public Transportation Authority will provide thirty one percent (31%) of the cost of the above described project; NOW THEREFORE, BE IT RESOLVED that the Chairman of the Cape Fear Public Transportation Authority is hereby authorized to enter into a contract with the N.C. Department of Transportation and execute all agreement and contracts with the N.C. Department of Transportation, Public Transportation Division related to the Authority’s Short Range Transit Plan, including ten (10%) funding for the project. ------------------------------------------------------------------------------------------------------------------------------ I, Don Betz, Secretary do hereby certify that the above is a true and correct copy of an excerpt for the minutes of a meeting of the Cape Fear Public Transportation Authority duly held th on the 24 day of January, 2013. _____________________ Don Betz Secretary Certifying Official (seal) RESOLUTION _____________________________________________________________________ Introduced by: Albert Eby, Executive Director Date: January 24, 2013 PROGRAM OF PROJECTS FFY 2013 SURFACE TRANSPORTATION PROGRAM – DIRECT APPORTIONMENT WHEREAS , in 2012 the Wilmington region was designated as a Transportation Management Area (TMA) following the 2010 census determined that the region exceeded a population of 200,000; and WHEREAS , TMA’s are allocated Surface Transportation Program - Direct Apportionment (STP-DA) funding; and WHEREAS , the Wilmington Urban Area Metropolitan Planning Organization (WMPO) has adopted a policy allocating 20% of STP-DA funds for transit projects; and WHEREAS , the WMPO has authorized the Cape Fear Public Transportation Authority to prioritize STP-DA funded projects; NOW THEREFORE, BE IT RESOLVED that the Cape Fear Public Transportation Authority respectfully requests approval of the flowing projects for STP-DA funding in FFY 2013: 1. Four (4) expansion vanpool vans for the Wave Pool program STP-DA $ 80,000.00 NCDOT $ 10,000.00 Local $ 10,000.00 Total $ 100,000.00 2. Routine Capital to include bus stop signage and capitalized route restructuring items STP-DA $ 80,000.00 Local $ 20,000.00 Total $ 100,000.00 Adopted a regular meeting _____________________ on January 24, 2013 David R. Scheu, Chairman Attest: _____________________ Don Betz, Secretary (seal) Cape Fear Public Transportation PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order To: Smart Maps 10228 Technology Drive Knoxville, TN 37932 865-675-6227 Date18-Jan-13PO #13-0884 Ship To:Bill To: Cape Fear Public TransportationCape Fear Public Transportation 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Maps for New Routes QtyDescriptionUnit CostExt cost 1Maps for Route Modification$28,600.00$28,600.00 $0.00 $0.00 $0.00 Tax Total cost$28,600.00 GL NumberAmountDivisionGrant Code $FP $FP $FP $FP $FP $FP $ Accrued Sales Tax 21400 $ Sales Tax 12600 AuthorizedEntered Monthly Passenger Summary December 2012 Total PassengersFixed Route 140,000 180,000 160,000 120,000 140,000 100,000 120,000 80,000 100,000 80,000 60,000 60,000 40,000 40,000 20,000 20,000 0 - JulyAugSeptOctNovDecJulyAugSeptOctNovDec 2011/20122011/2012 102,962123,455164,847157,260145,050122,36695,768103,308110,481108,821100,06099,325 2012/2013108,152135,470155,461164,176144,577113,0032012/2013102,054112,743109,078114,615100,43696,608 ChangeChange 5.04%9.73%-5.69%4.40%-0.33%-7.65%6.56%9.13%-1.27%5.32%0.38%-2.74% Seahawk ShuttleParatransit 8,000 50,000 45,000 7,000 40,000 6,000 - 35,000 5,000 30,000 4,000 25,000 20,000 3,000 15,000 2,000 10,000 1,000 5,000 00 JulyAugSeptOctNovDecJulyAugSeptOctNovDec 2011/20122011/2012 1,07112,95647,36341,53538,51116,6576,1237,1917,0036,9046,4796,384 2012/2013 81416,51941,25244,01739,73012,6072012/20135,2846,2085,1315,5444,4113,788 Change-24.00%27.50%-12.90%5.98%3.17%-24.31%Change -13.70%-13.67%-26.73%-19.70%-31.92%-40.66% Passengers by Route December 2012 Fixed Route No. NamePassengersTransfers 101Brooklyn14,9011,913 102University4,892961 103Central5,066708 104East6,400968 105Medical Center14,5221,548 106West13,5571,477 201Independence9,069888 202Monkey Junction13,6391,514 203Trolley4,2720 204Brunswick Connector1,959310 205Longleaf Park4,853522 207Castle Hayne3,478537 TOTAL 96,60811,346 UNCW 701Blue8350 701Teal1,2150 702Green1,9550 703Red1,8330 704Yelow1,1250 705Loop4870 706Point to Point970 707Red Express 14,1450 709Loop Express 18540 709CMS610 UNCW Total 12,607 Para-Transit Services ADA Passengers 955 Non-ADA Passengers 2,833 Para-Transit Total 3,788 TOTAL PASSENGERS 113,003 CAPEFEARPUBLICTRANSPORTATIONAUTHORITY MONTHLYOPERATIONSREPORT December2012 FIXEDROUTE MONTHLYFiscalYeartoDate ThisMonth %Change RidershipStatistics Current%ChangeCurrentPrior LastYear TotalBus/TrolleyPassengerTrips96608993252.74%6343826271591.15% TotalUNCWPassengerTrips126071665724.31%1549391580932.00% TotalFixedRoutePassengerTrips 1092151159825.83%7893217852520.52% AverageWeekdayPassengerTrips461247021.91% AverageSaturdayPassengerTrips219620556.86% AverageSundayPassengerTrips103810602.08% OperatingStatisticsFixedRoute TotalRevenueMiles10121212740620.56%6548457006896.54% TotalRevenueHours6803914125.58%44723488128.38% AccidentsNonPreventable20200.00%880.00% AccidentsPreventable01100.00%9580.00% PassengerTrips/RevenueMile1.080.9118.54%1.211.127.56% PassengerTrips/RevenueHour16.0512.6926.53%17.6516.099.71% OperatorOvertime3.38%5.18%34.70% FareboxRevenue$65,492$70,4126.99%$415,142$379,3889.42% AverageFareperBusPassenger$0.68$0.714.37%$0.65$0.608.18% FiscalYear PARATRANSITMONTHLYtoDate ThisMonth RidershipStatistics %Change Current%ChangeCurrentPrior LastYear TotalADAPassengerTrips1125157028.34%3702437515.38% TotalNonADAPassengerTrips3286495033.62%122011545921.08% TotalParatransitPassengerTrips 4411652032.35%159031983419.82% AverageWeekdayPassengerTrips18026732.58% AverageSaturdayPassengerTrips306956.52% AverageSundayPassengerTrips8560.00% OperatingStatisticsParatransit TotalRevenueMiles327715381539.10%13149317335924.15% TotalRevenueHours2021352342.63%80301096826.79% AccidentsNonPreventable1366.67%1366.67% AccidentsPreventable21100.00%31200.00% PassengerTrips/RevenueMile0.130.1211.10%0.120.115.71% PassengerTrips/RevenueHour2.181.8517.93%1.981.819.52% OperatorOvertime1.53%3.10%50.65% SpecialServices GreyhoundTicketSales $5,745N/AN/AN/AN/AN/A AmtrakPassengersOnandOff65N/AN/AN/AN/AN/A CapeFearPublicTransportationAuthority TransferPolicy 1.DefinitionandApplicability Transfersareusedtoprovidecontinuousservicebetweenanoriginanddestinationthatarenot servedbyanyoneroute.Forexample,apassengertravelingfromGordonRdtoDowntownwill requireatransfersincenoonerouteservesboththeoriginanddestination. Transferscannotbeusedforreturntripsonthesameroute.Forinstance,ifapassengergetsoffa routeatWalmart,theycannotuseatransfertoboardthesameroutewithinthetimelimitofthe transfer. TransfersarenotauthorizedtobeissuedtoorfromtheTrolleyorUNCWroutesthatonlyrunon campus.ForUNCWroutesthatgooffcampus,transferscanbeissuedtopassengersthatpayto boardandridetheUNCWroute.Thetransfercanonlybeissuedtoanotherfixedrouteexceptfor the301PleasureIsland. Transfersareissuedatthetimeofboardingandcannotbeissuedtopassengersusingperiodpasses (DailyPass,7or31DayPass) 2.TransferValidity Atransferisvalidforthirty(30)minutesonweekdaysandfortyfive(45)minutesonSaturdaysand Sundays.{AfterroutechangesareimplementedinFebruary,alltransferswillbegoodforseventy five(75)minuteseverydayofservice}. 3.TransferPoints Apassengermayrequestatransferfromanybusatanybusstop,aslongastheroutetheyare requestingtotransfertomeetsanyoneofthebelowcriteria: Thebusstoptheyaretransferringtoissharedbymorethanoneroute. Thebusstoptheyaretransferringtocrossesthepathofanotherroute Thebusstoptheyaretransferringtoisservedbyonlyoneroute,butthepassengermay crossastreettoaccessadifferentroute. sponsibilities 4.PassengerRe Passengersfromthedriverwhentheyboardandtellthedriverwhichroute mustrequestatransfer theywouldliketotransferto.Uponalightingfromthebusontheiroriginalroute,theyhave seventyfive(75)minutestogettothestopwheretheroutetheywouldliketotransferislocated. Uponboardingthebusontheiroriginalroute,theyhaveseventyfive(75)minutestogettothestop wheretheroutetheywouldliketotransferislocated.Onboardingthesecondbus,thetransfer shallbeinsertedintothefarebox.Ifthetransferisrejectedasexpired,thepassengermustpaythe normalfare.Passengersmusttakecarenottoruinordestroythetransfer.Ifitcannotbereadby thefareboxitwillbeconsideredinvalidandthepassengermustpaythenormalfare. 5.DriverResponsibilities Ifapassengerboardsandrequestsatransfertoanothervalidroute,atransfershallbeissued.The drivershallrequesttheroutethatthepassengerwouldliketotransfertoensuretherequestis valid.Iftherequestedtransferiswithinthefirsthalfoftherun,thedrivershallradiotheotherroute tonotifythatroutethattheyhavepassengersthatwillbetransferringtothatroute.Thesecond drivermustacknowledgethetransferrequest.Iftherequestedtransferisinthesecondhalfofthe run,thedrivershallradiotheotherroutetorequestifthetransferconnectionispossible.Ifnot,the customermustbeinformed.Theseconddrivermustacknowledgethetransferrequestandprovide accurateinformationastowhetherthetransferispossible.Communicationbetweenthedriversis criticalanddriversmustrespondtorequestsfromotherdrivers. Intheeventthepassengerdesiringthetransferhasmobilityissues(i.e.:walker,wheelchair, crutches,etc.),thedriverrequestingthetransfermustnotifythereceivingdriverofthesituationso thereceivingdrivermayprepareforthetransferringpassengerifnecessary. Alldriversmustmakeeveryefforttohonorallpassengertransferrequestsandacknowledge requestsfromotherroutes.However,intheinterestofmaintainingschedules,driversshallonly holdawaitingatransferfornolongerthanfive(5)minutesaftertheirscheduleddeparturetime minutesafterthe fromthestop.Forinstance,ifarouteisscheduledtoleaveFordenStationat30 hourbuthasarequesttoholdfortransfers,theymustremainatFordenupto35minutesafterthe hour.Ifatthattime,theroutecarryingthepassengersthatrequestedthetransferisnotatForden, thentheyshouldcontinueonroute.Somediscretionshallbeusediftheotherbusisvisiblypulling inthestationatthetime.Ifthetransferisforthefinalrunoftheserviceday,thereceivingbusmust waituntilthetransferismade. Driversshallonlyprintouttransferswhenrequestedbyapassengerwhenthepassengerboardsthe vehicle.Transfersshallnotbeprintedpriortoaspecificrequest. 6.DispatcherResponsibilities Dispatchersshallmonitoralltransferholdrequeststoensuredriversadheretothispolicy. Assistanceshallbeprovidedtoconfirmvalidtransferpoints.Decisionstoholdforatransferlonger thanthefiveminuteholdtimeshallonlybemadebythedispatcher. 7.CustomerServiceResponsibilities WhenacustomercallsinrequestingCustomerServicetocontactabustoholdforthem,Customer Serviceshalladvisethecustomertospeaktothedriver.Ifthisdoesnotcorrectthesituation, CustomerSupportshallrelyontheAVLsystemtodetermineiftherequestisvalidorpossiblebased onthecurrentlocationofthebusesinvolvedintherequest.TheAVLsystemprovidesthe ination.Ifnecessary,the geographiclocationandtimepointsthatcanbeusedtomakethisdeterm CustomerServicecancallDispatchforassistanceinhelpingthepassengerwiththerequest. CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY Operating Fund Proforma Schedule of Revenues and Expenditures - Budget and Actual (Non-GAAP) Period Ended December 31, 2012 YearVariance50.00%Current to datePositive % of Month BudgetActual(Negative) Budget Actual Operating revenues Farebox revenues962,000$ 479,603$ (482,397)$ 49.85$ 66,391 Governmental contracted services *1,836,000 627,831 (1,208,169) 34.20 41,810 9,316 (684) 10,000 93.16 745 Other contracted services 1,116,7502,808,000 (1,691,250) Total operating revenues 39.77$ 108,946 Operating expenses/expenditures Labor 4,143,308 1,734,796 2,408,512 41.87 293,604 Fringe benefits 1,112,135 634,128 478,007 57.02 112,661 Fuel and lubricants 1,270,424 566,756 703,668 44.61 92,096 Vehicle maintenance 545,500 313,880 231,620 57.54 71,831 Purchased services 250,875 158,128 92,747 63.03 35,932 Insurance 354,691 211,586 143,105 59.65 4,544 Advertising 46,200 3,232 42,968 7.00 95 Tires and tubes 66,500 62,516 3,984 94.01 6,973 Utilities 53,345 34,562 18,783 64.79 6,086 Shop supplies 20,000 4,504 15,496 22.52 645 Office supplies 30,600 13,796 16,804 45.08 644 Other operating expenses 143,636 175,899 (32,263) 122.46 49,457 3,913,783 4,123,431 8,037,214 48.70 674,568 Total operating expenses/expenditures Excess of operating expenses/ (5,229,214) (2,797,033) 2,432,181(565,622) expenditures over revenues 53.49 Nonoperating revenues Federal grants2,496,000 1,172,543 (1,323,457) 46.98 51,764 State grants849,000 207,094 (641,906) 24.39 196 Operating subsidy from primary government1,278,000 1,249,000 (29,000) 97.73 - Operating subsidies from other governments532,214 323,355 (208,859) 60.76 125,000 49,611 (24,389) 74,000 67.04 10,611 Other income 3,001,6035,229,214 (2,227,611)187,571 Total nonoperating revenues 57.40 - (378,051)204,570$ Excess of revenues over expenditures$ 204,570 Cape Fear Public Transportation Authority perating Budget 1-24-13 Revised 2013 Fiscal O July 1, 2012 thru June 30 2013 pprovedAmended A Budget2013Change Operating revenues $ 000 18980000000 Farebox revenues962 ,,, Governmental contracted services 11836000393480 442520 *,,,,(,) HC Det of Ain 225000 100000125000 Npgg,,(,) HC DSS Van 700000 525000175000 N,,(,) HC Taxicab - - - N HC Work Firs 11000 150004000 Nt,,, UNC 900000 753480146520 W,,(,) 17,50010,000 7,500 Other contracted services - Other 2,390,9802,808,000 417,020 Total oeratin revenues pg() eratin exenses/exenditures O pgpp Labo 34143309884877 258432 r,,,,(,) Fixe 3152321 3017154135167 d,,,,(,) Para564 514 46552398991 ,,(,) Admi 426474 40220024274 n,,(,) Frine benefits 11112136 17129228092 g,,,,, Medical596 666 596666- ,, Retiremen 210753 2023108443 t,,(,) Other304 717 33025225535 ,,, Fuel and lubricants1 1270424192666 77758 ,,,,(,) Purchased services250 875 132383259 384 ,,, Vehicle maintenanc 545500 158703700 200 e,,, Insurance354 691249622 105069 ,,(,) Advertisin 4646200 -200 g,, Tires and tubes66 146500 80500000 ,,, Taxicabs- - - Utilities53 65344 12844500 ,,, Sho sulies 2020000 -000 ppp,, Office sulies 3330600 2000400 pp,,, Other oeratin exenses 143635 66210199564 pgp,,, 8,065,0958,037,214 27,881 Total oeratin exenses/exenditures pgpp Excess of oeratin exenses/ pgp 5,229,2145,674,115 444,901 exenditures over revenues p()()() Nonoeratin revenues pg Federalrants 32496000 601097304 304 g,,,,, FTA 53072 274000 4422716468468 ,,,,, FTA 5307 Carr Over 90000 228586138586 (y),,, FTA 5317132 000 15225020250 ,,, Staterants 849000 18867333333 g,,, SMAP630 000 68118351183 ,,, CDOT CTP 219000 18615032850 N,,(,) Oeratin subsid from rimarovernmen 11278000185150 92850 pgypygt,,,,(,) Cit of Wilminto 1239000 114615092850 ygn,,,,(,) FTA530339 000 39000- ,, Oeratin subsidies from other overnments532 2145243287886 pgg,,(,) HC 250000 250000- N,, HC ROAP 204000 2009753025 N,,(,) Brunswick Connecto 78214 733534861 r,,(,) Other income74 -000 74000 ,(,) Advertisin 30000 -30000 g,(,) Grehound 40000 -40000 y,(,) Misc. Inc4 000 - 4000 ,(,) 5,229,214 444,9015,674,115 Total nonoeratin revenues pg -00 Excess of revenues over exenditures p()() AMENDED BUDGET ORDINANCE Cape Fear Public Transportation Authority Introduced by: Joseph Mininni, Director of Finance Date: January 24, 2013 ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 01, 2012 BE IT ORDAINED: That the following appropriations are hereby made by the Cape Fe Authority, and that the following revenues are anticipated to be available during the fiscal year to meet these appropriations. Operating Appropriations General Operating Expenses $ 8,065,095 Operating Revenues Passenger Fares $ 980,000 FTA 5307 2,945,052 FTA 5317 152,250 FTA 5303 39,000 NCDOT CTP 186,150 New Hanover County Department of Aging 100,000 New Hanover County DSS (Van) 525,000 New Hanover County DSS (Work First) 15,000 Other Agencies 17,500 City of Wilmington 1,146,150 NCDOT SMAP 681,183 New Hanover County 250,000 New Hanover County Ï ROAP 200,975 Brunswick Connector Ï Brunswick County 13,890 Brunswick Connector Ï Leland 49,465 Brunswick Connector Ï Navassa 10,000 UNCW 753,480 $ 8,065,095 Total Operating Revenues Adopted at a regular meeting on January 24,2013 David Scheu, Chairman Attest: (seal) Don Betz, Secretary CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY AMENDED Operating Fund Proforma Schedule of Revenues and Expenditures - Budget and Actual (Non-GAAP) Period Ended December 31, 2012 YearVariance50.00%Current Amendedto datePositive % of Month BudgetActual(Negative) Budget Actual Operating revenues Farebox revenues980,000$ 479,603$ (500,397)$ 48.94 66,391$ Governmental contracted services *1,393,480 627,831 (765,649) 45.05 41,810 9,31617,500 (8,184) Other contracted services53.23745 1,116,7502,390,980 (1,274,230) Total operating revenues 108,94646.71$ Operating expenses/expenditures Labor3,884,877 1,734,796 2,150,081 44.66 293,604 Fringe benefits1,129,228 634,128 495,100 56.16 112,661 Fuel and lubricants1,192,666 566,756 625,910 47.52 92,096 Vehicle maintenance703,700 313,880 389,820 44.60 71,831 Purchased services383,259 158,128 225,131 41.26 35,932 Insurance249,622 211,586 38,036 84.76 4,544 Advertising46,200 3,232 42,968 7.00 95 Tires and tubes146,500 62,516 83,984 42.67 6,973 Utilities65,844 34,562 31,282 52.49 6,086 Shop supplies20,000 4,504 15,496 22.52 645 Office supplies33,000 13,796 19,204 41.81 644 Other operating expenses210,199 175,899 34,300 83.68 49,457 3,913,7838,065,095 4,151,312 Total operating expenses/expenditures 674,56848.53 Excess of operating expenses/ (2,797,033) 2,877,082(565,622) (5,674,115) 49.29 expenditures over revenues Nonoperating revenues Federal grants3,097,304 1,172,543 (1,924,761) 37.8651,764 State grants867,333207,094(660,239) 23.88196 Operating subsidy from primary government1,185,1501,179,000(6,150)99.48(70,000) Operating subsidies from other governments524,328323,355(200,973)61.67125,000 - - - Other income 2,881,9925,674,115 (2,792,123)106,960 50.79 Total nonoperating revenues - (458,662)84,959$ Excess of revenues over expenditures$84,959