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WAVE Agenda Packet 01 23 14 a Cape Fear Public Transportation Authority A regularly scheduled meeting of the Cape Fear Public Transportation Authority will be held Thursday,January 23,2014 at 12:00 pm in the Wave Transit Board Room at Forden Station, 505 Cando St.,Wilmington, NC 28405. An agenda for the meeting is presented below. MEETING AGENDA 1) Call to Order 2) Moment of silence 3) Pledge of Allegiance 4) Operator Safety Awards 5) Recognition of new Authority member 6) Recognition of new Paratransit Manager 7) Public Comment Period 10 minutes 8) Consent agenda 05 minutes 1. Approval of minutes from the December 19, 2013 meeting (p. 3) 2. Disadvantaged Business Enterprise (DBE) Program Resolution (p. 7) 9) Committee Reports 30 minutes • Executive Committee, Mr. David Scheu, Chairman • Interlocal agreement draft update and adoption (p. 8) • Committee assignments • Planning &Operations Committee, Mr. Henry Adams, Chair • December 2013 operating & statistical reports (p. 18) • Advertising revenue summary(p. 21) • Finance & Budget Committee • December 2013 financial statement(p. 22) • Facilities Committee, Mr. Jeff Petroff, Chair • Operations center construction update (p. 23) • Construction &vehicle lift change orders (p. 24) 10) Staff report 10 minutes • Legislative updates 11) New business 05 minutes 12) Old business 05 minutes 13) Adjournment A special meeting of the Authority is scheduled for Thursday,January 30, 2014 at 3:00 pm in room Harrell Conference Room, 601, 230 Government Center Drive,Wilmington NC. The next regular meeting of the Authority is scheduled for Thursday, February 27, 2014 in the Wave Transit Board Room at Forden Station, 505 Cando Street,Wilmington, NC 28405. CFPTA Agenda Packet 1 wave CONSENT AGENDA The following items are attached for consideration. A brief explanation and recommendation follows: 1) Approval of minutes from the December 19, 2013 meeting(p. 3) 2) Disadvantaged Business Enterprise (DBE) Program Resolution (p. 7) As a requirement for receiving FTA funding, the Authority is required to adopt and set annual goals for a Disadvantaged Business Enterprise (DBE) program. In June 2012, the Authority sent a revised DBE goal to FTA. The review yielded comments that the Authority has addressed in the latest revision. To keep the agenda packet to a reasonable size, the revised plan is available at the following URL: http://www.wavetransit.com/Portals/O/documents/Revised DBE Plan January 2014.pdf. The attached resolution adopts the revisions to meet federal requirements. Adoption of the resolution is recommended. CFPTA Agenda Packet 2 Wan Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY December 19, 2013 David Scheu, Chairman, Presiding MEMBERS PRESENT Mr. David Scheu, Chairman Mr. Henry Adams, Vice Chairman Mr. Don Betz, Secretary Mr. Jonathan Barfield Mr. Bill Bryden Mr. George Dolan Mr. Chris Hawkins Mr. Kevin O'Grady Mr. Jeff Petroff MEMBERS ABSENT Mr. Euran Daniels 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, Accounts Payable Clerk CONTRACT MANAGEMENT STAFF PRESENT Mr. Andrew Olsen, Elder Law Firm, Attorney Mr. Chris Greenman, Fixed Route Operations Manager Mr. Jeremy Miller, Fixed Route Maintenance Manager GUESTS PRESENT Ms. Caitlin Dineen, Star News Mr. Gary Ridgeway, CPA, McGladrey, LLP Ms. Martha Wayne, CPA, McGladrey, LLP CALL TO ORDER • Mr. Scheu called the meeting to order at 12:05 pm • The meeting began with a moment of silence followed by reciting the Pledge of Allegiance PRESENTATION • Mr. Scheu recognized outgoing member Mr. Dolan and presented him with a plaque in recognition of his service to the Cape Fear Public Transportation Authority • Mr. Dolan briefly thanked the board PUBLIC COMMENT • Mr. Scheu opened the public comment period • Ms. Dineen introduced herself as the Transportation Reporter for Star News CFPTA Agenda Packet 3 • Hearing no further comments, Mr. Scheu closed the Public Comment period CONSENT AGENDA • Mr. Scheu presented the December 2013 consent agenda for approval • Mr. Eby presented an amendment to the January 30,2014 meeting time at the Government Center from 4:00 pm to 3:00 pm • Mr. Betz made a motion to accept the December 2013 consent agenda as amended • Mr. Dolan seconded the motion which carried unanimously PUBLIC HEARING FY 2015 - 2017 JOB ACCESS REVERSE COMMUTE (JARC) PROGRAM • Mr. Scheu opened the public hearing for the Job Access Reverse Commute (JARC) Program • Mr. Scheu recognized Mr. Eby to briefly describe the (JARC) program grant • Mr. Eby stated that the JARC program grant would be used to offset operating expenses of Route 108 - Market Street for two years and assist with purchasing a CNG bus • Mr. Mininni stated that the JARC grant is $162,000 for operating assistance over the next two years • Local matching funds equal to fifty percent are a requirement of the grant • Mr. Mininni also said that amount for the CNG bus would be $460,000 with a 20% local match • Mr. Eby said that obtaining this grant may help Route 108 run on weekends • Mr. Eby stated that staff would make recommendation to the Planning & Operations Committee regarding weekend service expansion of Route 108 • Hearing no further comments, Mr. Scheu closed the public hearing • Mr. Scheu presented the JARC Program resolution for approval • Mr. Betz made a motion to move the Job Access Reverse Commute (JARC) Program resolution • Mr. O'Grady seconded the motion which carried unanimously PRESENTATION OF FY 2012-2013 AUDIT REPORT • Mr. Scheu recognized employees of the Authority's audit firm Mr. Ridgeway and Ms. Wayne, CPA's at McGladrey, LLP to present the FY 2012-2013 audit report • Ms. Wayne and Mr. Ridgeway briefly gave an overview of the audit report • Mr. Wayne indicated that audit report resulted in an unmodified opinion, the highest level of assurance that can be given • Mr. Ridgeway stated that overall the audit report was positive and the Authority is moving forward in a progressive direction • Mr. Ridgeway repeated comments from previous years stating that the Authority and local funding partners need to find a way to create a fund balance • Mr. Barfield asked if the firm can offer advice or assistance with creating and/or maintaining a fund balance • Mr. Ridgeway stated that his firm does advise and assist with creating a fund balance • Following a brief question and answer period, Mr. Scheu requested a motion to accept the FY 2012 - 2013 audit report • Mr. Dolan made a motion to accept the FY 2012-2013 audit report • Mr. Betz seconded and the motion carried unanimously EXECUTIVE COMMITTEE • Mr. Scheu stated the committee met to discuss the Interlocal agreement between the Authority, the City of Wilmington and New Hanover County • Mr. Scheu presented a draft of the Interlocal agreement prepared by staff and the committee • Mr. Scheu asked Authority members to carefully review the draft and provide input to be sent to himself or the Executive Director by January 15, 2014 CFPTA Agenda Packet 4 • The draft would be considered at the January 23, 2014 meeting for adoption • Comments would be compiled and the final draft would be sent to the Wilmington City Manager and the New Hanover County Manager • A meeting between Wilmington City Council, New Hanover County Commissioners and the Authority to discuss the Interlocal agreement is scheduled for Thursday, January 30, 2014 at 3:00 pm in the Harrell Conference Room at the NHC Government Center PLANNING & OPERATIONS COMMITTEE • Mr. Scheu recognized Mr. Adams to give the committee report • Mr. Adams stated that committee is currently waiting for identification of local funding to install passenger amenities • Mr. Adams stated that at the request of the board, the advertising policy has been reviewed and updated • The proposed policy was reviewed by counsel • Approval of the revised policy was presented in the form of a motion from the Planning & Operations Committee • No second was required and the revised policy was unanimously adopted FINANCE & BUDGET COMMITTEE • Mr. Scheu recognized the Mr. Dolan to present the committee report • Mr. Dolan stated that the Authority is currently operating within the adopted budget • He recognized Mr. Mininni and staff for accomplishing the task considering the adopted budget did not account for dramatic increases in insurance or the continuation of three routes • He stated that the City of Wilmington has committed to lend the authority $400,000 to assist with the cash flow • He said that federal and state funding is beginning to come into focus and the overall budget is on target • Mr. Dolan asked the Authority to consider providing more service to the community • He also asked the Authority to work hard to raise the wage for Paratransit operators which is approximately one-half of fixed route operators • The wage increase would reduce turnover and create a more stable and safer workforce FACILITIES COMMITTEE • Mr. Scheu recognized Mr. Petroff to give the committee report • Mr. Petroff stated that the committee met and a lot of progress has been made on site • He stated that the building could go vertical in a matter of weeks • Mr. Petroff informed the board that the committee had directed staff to seek reductions in the project budget to offset change orders • The committee presented a change order for unsuitable soil removal under the foundation pad • The $28,000 change would be offset by changing floor tiling, changing the type of stone base under parking areas, and make modification to the original money counting room • The net change order the committee presented totaled $1,515.00 • No second was required and the change order carried unanimously • Mr. Petroff stated that the Authority is still on budget and is waiting to secure one grant from NCDOT STAFF REPORT • Mr. Scheu recognized Mr. Eby to present the staff report • Mr. Eby personally thanked Mr. Dolan for his help and support during his six years as an Authority member CFPTA Agenda Packet 5 OLD BUSINESS • No old business NEW BUSINESS • No new business ADJOURN • Mr. Dolan made a motion to adjourn the December 19, 2013 meeting of the Authority • Mr. Barfield seconded and the motion carried unanimously SCHEDULING OF NEXT MEETING • The Authority's next meeting is scheduled for January 23, 2014 at 12:00 pm in the Forden Station Board Room Respectfully Submitted, Albert Eby Executive Director /kw CFPTA Agenda Packet 6 RESOLUTION wave Introduced by: Megan Matheny, Director of Planning and Development Date: January 23, 2014 RESOLUTION ADOPTING THE REVISED DISADVATAGED BUSINESS ENTERPRISE (DBE) PROGRAM WHEREAS, pursuant to Section 1101(b) of the Transportation Equity Act for the 21st Century and 49 CFR Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Programs", the Cape Fear Public Transportation (hereafter Wave Transit) is required by the US Department of Transportation (hereafter USDOT) to establish a Disadvantaged Business Enterprise (DBE) program; and WHEREAS, the DBE program must be updated and submitted to USDOT for approval every three years; and WHEREAS, in February 2012, Wave Transit submitted an updated DBE program to USDOT for approval; and WHEREAS, USDOT issued a letter to Wave Transit in November 2013 stating full concurrence of the DBE program could not be provided until specific items were addressed; and WHEREAS, a revised DBE program, inclusive of the appropriate revisions, must be submitted to USDOT by January 27, 2014; WHEREAS, Wave Transit revised the DBE program as required by USDOT; NOW THEREFORE be it resolved that Wave Transit made the necessary revisions to the DBE program submitted in February 2012 and respectfully requests that the revised DBE program be adopted. Adopted a regular meeting on January 23, 2014 David R. Scheu, Chairman Attest: (seal) Don Betz, Secretary CFPTA Agenda Packet 7 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER INTERLOCAL AGREEMENT BETWEEN NEW HANOVER COUNTY,THE CITY OF WILMINGTON, AND THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY This Interlocal Agreement made and entered into this the day of 20 , by and between New Hanover County, a North Carolina body politic and corporate (County), the City of Wilmington, a North Carolina municipal corporation (City), and the Cape Fear Public Transportation Authority, a North Carolina public transportation authority(Authority). WITNESSETH WHEREAS, on April 04, 2004, New Hanover County and the City of Wilmington, North Carolina, by Joint Resolution of the New Hanover County Commissioners and the Wilmington City Council created the Cape Fear Public Transportation Authority, pursuant to Chapter 160A Article 25 of the North Carolina General Statutes; and WHEREAS, on April 04, 2004, New Hanover County and the City of Wilmington entered into an Interlocal Agreement bearing New Hanover Contract#04-0275 to jointly fund and support the Authority; and WHEREAS, the Authority is recognized as the provider of regional public transportation serving Southeastern North Carolina; NOW,THEREFORE, for and in consideration of the premises and other good and valuable consideration set forth herein, New Hanover County, the City of Wilmington and the Cape Fear Public Transportation Authority do hereby agree as follows: 1. Definitions. For purposes of this agreement the following definitions apply: (a) Brunswick Consortium -Currently comprised of the Town of Leland,the Town of Navassa and Brunswick County. The Brunswick Consortium is party to a separate agreement with the Cape Fear Public Transportation Authority as referenced in Section 11(f)of this agreement. (b) Federal Transit Administration (FTA) -an agency within the United States Department of Transportation (DOT) that provides financial and technical assistance to local public transit systems. (c) Fixed Route Public Transportation - public transportation that operates over fixed routes with a published schedule. (d) Local Matching Funds-funds derived from non-federal sources to meet grant requirements for FTA financial assistance. (e) New Hanover County Department of Social Services (DSS) - party to a separate agreement with the Cape Fear Public Transportation Authority to provide Medicaid and other social service transportation. CFPTA Agenda Packet 8 (f) North Carolina Department of Transportation Public Transportation Division (NCDOT-PTD) - created in 1974 by the N.C. General Assembly to foster the development of intercity, urban and rural public transportation in North Carolina and to provide financial assistance to North Carolina Public transit systems. (g) North Carolina Department of State Treasurer Local Government Commission (LGC) - established by N.C.G.S. 159-3, the LGC provides assistance to local governments and public authorities in North Carolina. It is staffed by the Department of State Treasurer and approves the issuance of debt for all units of local government and assists those units with fiscal management. (h) Paratransit- public transportation that does not operate on a fixed or published schedule serving the needs of the disabled, elderly and other eligible passengers not able to utilize fixed routed public transportation. (i) University of North Carolina Wilmington (UNCW) - party to a separate agreement with the Cape Fear Public Transportation Authority to provide public transportation services to UNCW students,faculty and staff. (j) Wilmington Urban Area Metropolitan Planning Organization (WMPO) -a regional transportation planning agency statutorily responsible for transportation planning, including public transportation planning within the established urban area. (k) Wilmington Urban Area Metropolitan Planning Organization (WMPO)Transportation Advisory Committee (TAC) -comprised of elected and appointed officials throughout the region, the TAC serves as the board of directors for the WMPO. 2. Functions and Powers.The Cape Fear Public Transportation Authority shall provide public transportation services throughout the boundaries established by the Wilmington Urban Planning Organization and up to five (5) miles outside its limits as extended. The Authority shall have all of the powers set forth in N.C.G.S. Section 160A Article 25 Sections 575 through 599, as amended. The Authority will continue to be the designated recipient for the following federal and state grant programs: FTA 49 CFR §5307, FTA 49 CFR§5339, NCDOT Community Transportation Program (CTP), and NCDOT Elderly and Disabled Transportation Program (EDTAP). The Rural Operating Assistance Program (ROAP) currently designated to New Hanover County will be designated to the Cape Fear Public Transportation Authority effective the date of this agreement pursuant to North Carolina General Assembly Session Law 2011-207 House Bill 229. 3. Authority Composition.The Authority shall consist of eleven (11) members who shall reside within the territorial jurisdiction of the Authority. (a) Four (4) members of the Authority shall be appointed by the City of Wilmington (b) Four(4) members of the Authority shall be appointed by New Hanover County, with one of the four NHC appointments designated as a human service representative serving as an employee or director of a registered 501c(3) nonprofit organization or those providing social welfare services, special education, or mental health services. (c) The Brunswick Consortium shall appoint one (1) member to the Authority. (d) The University of North Carolina Wilmington shall appoint one (1) member to the Authority. (e) The WMPO shall appoint one (1) member of its Transportation Advisory Committee to the CFPTA Agenda Packet 9 Authority. The members of the Authority shall elect a Chairman and Vice-Chairman from its membership, and a Secretary who may or may not be a member of the Authority. 4. Financing and Budgeting. (a) Annual Budget. As an Authority, the Cape Fear Public Transportation Authority is subject to the provisions of Chapter 159 of the General Statutes (1997-393,s.1). The Authority shall prepare an annual budget for its operation in accordance with the Local Government Budget and Fiscal Control Act. Each proposed annual budget shall be submitted to the Finance Director of New Hanover County and the City of Wilmington or his/her designee following adoption by the Authority (b) Receipts &Transfers. The following limitations shall apply to the annual budget of the Authority: (1) No receipts shall be transferred from the Authority to support County or City functions not related to public transportation. (2) Transfers may be made from the Authority to either the County or City or Town to pay for actual direct and indirect expenses and costs incurred in support of public transportation provided the transfers have been appropriated in the Authority's annual operating budget. (c) Annual Audit. The Authority will contract with a licensed audit firm to satisfy the audit requirements imposed by the Single Audit Act and the U. S. Office of Management and Budget (OMB) Circular No.A-133 and the State Single Audit Implementation Act. Copies of the Audit report and the annual financial statement will be presented to the City of Wilmington and New Hanover County upon completion. (d) Minimum Operating Funding Levels. The City of Wilmington and New Hanover County agree to fund the operation of the Authority on an annual basis for the term of this agreement at an amount not less than their contributions to the Authority for the Authority's fiscal year beginning July 01, 2013. These amounts are as follows: (1) City of Wilmington -one million two-hundred eighty-five thousand dollars ($ 1,285,000.00) (2) New Hanover County-two-hundred seventy-three thousand dollars ($273,000.00) (e) Fund Balance. The City of Wilmington and New Hanover County agree to provide the Authority with a fund balance at an amount not less than the North Carolina LGC recommended eight percent (8%) of annual operating budget. The fund balance shall be based on the Authority's adopted FY 2014 budget of$7,965,878.00. This would equal a fund balance no less than six-hundred thirty- seven thousand,two-hundred seventy dollars ($637,270.00). The fund balance shall be used to manage the cash requirements of the Authority's operation. The annual financial statement prepared by the Authority's auditor shall specifically state the amount of the fund balance at the end of the fiscal year. Should the fund balance on the annual financial statement be less than $623,270.00, the City and County may require the fund balance account to be restored to the level outlined in this agreement from their annual appropriation. The fund balance will not be included as revenue in the Authority's annual budget. (f) Capital Improvements. The City of Wilmington and New Hanover County agree to fund the local matching capital costs of the Authority in accordance with the Authority's adopted Capital Improvement Program attached as Appendix A of this agreement. CFPTA Agenda Packet 10 5. Debt. (a) The Authority shall not incur any debts for its operation without the prior approval of the parties to this agreement. Any debt necessary for the maintenance, improvement or expansion of the Authority shall be incurred by the City of Wilmington and/or New Hanover County for the benefit of the Authority as set forth in this agreement. (b) All bond obligations or other debt necessary for the expansion and improvement of the public transportation system shall be incurred by either the City of Wilmington and/or New Hanover County. 6. Rates. The Authority shall have the sole discretion to establish and revise its schedules of rates, fees and charges for the use of the services of the Authority in accordance with its adopted policies and applicable state and federal regulations. 7. Planning. An agreement for coordinated public transportation planning between the Authority, the WMPO and the City of Wilmington is referenced attached to this agreement as Appendix B. (a) The Authority shall develop public transportation policies and plans and recommend the share of costs of reduced headways, increased hours of operation, extensions of existing routes and the creation of new routes to be paid by the parties to this agreement and others served thereby. The Authority will develop a Short Range Public Transportation Plan at least every six (6)years. The current Short Range Public Transportation Plan is attached to this agreement and labeled Appendix A. The short range plan shall be developed within the parameters of the WMPO's adopted long range transportation plan. (b) The Authority adopted a Capital Improvement Program (CIP) on November 21, 2013 for the expansion and improvement of public transportation which is part of the WMPO adopted Metropolitan Transportation Improvement Program and the State adopted State Transportation Improvement Program. The CIP shall be updated as required and presented to the WMPO TAC for inclusion in the MTIP and STIP. The CIP shall provide for the extension of lines and services in accordance with the Authority's Short Range Transportation Plan and the WMPO's Long Range Transportation Plan, subject to availability of federal, state and local funding. (c)Absent approval from all parties to this agreement,the Authority shall operate at service levels in place at the time of this agreement. This shall include approximately 1,250,000 annual revenue miles or approximately 89,000 annual revenue hours for fixed route service throughout the term of this agreement. The Authority will operate approximately 16,000 revenue hours for ADA Paratransit annually for the term of the agreement. Non-ADA hours shall be based on the requirements of contracting agencies and shall be fully cost allocated. Service expansion or service reduction greater than ten percent (10%) of the current annual revenue hours or annual revenue miles will require approval from all parties to this agreement. The Authority agrees to operate routes and schedules in place at the time of this agreement as specified in Appendix D with limited modification. 8. Ownership of Property. Except as otherwise provided in any existing agreements between the parties hereto, title to all personal property, equipment, fixtures and real property used for the provision of public transportation CFPTA Agenda Packet 11 services and currently owned by the County and City shall remain with the current owner. As of the date of this agreement, title is limited to facilities located at 1110 Castle Street, Wilmington, NC 28401 and 190 Division Drive, Wilmington, NC 28401. All property acquired for the provision of the services by the Authority shall be owned by, deeded and/or titled to the Authority. 9. Operation of Authority. (a) The Authority shall have adopted personnel policies and procedures to govern its employees. (b) The Authority shall manage all finances, payroll and payment of its employees and benefits to its employees. The Authority is solely responsible for the compensation, benefits, oversight and management of its employees. (c) The Authority shall be responsible for billing and collecting all monies due the Authority. (d) The Authority shall obtain legal counsel, as the need arises. 10. Rules and Regulations. The Authority shall adopt adequate and reasonable rules to protect and regulate the Authority 11. Existing Agreements. The Authority is currently party to the following agreements which may be relevant to this agreement: (a) Agreement with the Wilmington Urban Area Metropolitan Planning Organization (execution pending) (Appendix B). (b) Agreement with the University of North Carolina Wilmington for Transportation Services executed June 13, 2013 (Appendix E). (c) Memorandum of Agreement with NHC DSS for Medical Transportation dated July 01, 2013 (Appendix F). (d) Interlocal Agreement for Funding between the Cape Fear Public Transportation Authority and the City of Wilmington executed June 29, 2005 (Appendix G). (e) Memorandum of Understanding with New Hanover County(NHC Contract#08-0090)for Emergency Evacuations executed May 30, 2008 (Appendix H). (f) Agreement with Brunswick County, NC; the Town of Leland, NC; and the Town of Navassa (Brunswick Consortium)for Funding and Operating the Brunswick Connector executed May 23, 2013 until June 30, 2016 (Appendix I). With exception to the creation of the Authority as stated in Section 1 of the current Interlocal Agreement between the City of Wilmington and New Hanover County bearing New Hanover contract number 04-0275 titled Interlocal Agreement between New Hanover County and the City of Wilmington to Create a Public Transportation Authority and to Jointly Fund and Support the Authority dated April 07, 2004, this Agreement supersedes and nullifies all provisions of the agreement. 12. Compliance with Law and Permits. The parties hereto will comply with any and all applicable federal, state and local standards, regulations, laws, statutes and ordinances regarding the provision of public transportation. 13. Term of Agreement. This agreement is effective for two (2?five (5)years beginning July 01, 2014 through June 30, 2019. Unless notice of termination is provided as set forth herein, this agreement shall be automatically renewed for successive (5)year terms after the initial term and any CFPTA Agenda Packet 12 subsequent renewal terms. 14. Termination. (a) Any party may terminate their participation in this agreement upon six (6) months written notice to the other parties. (b) Upon termination of the existence of the Authority,the property and assets of the Authority shall become the property of the parties in proportion to their respective contributions towards the acquisition of such property and the parties shall succeed to the rights, obligations and liabilities of the Authority in proportion to the parties respective contributions to the Authority unless the parties agree to a transfer of such property, assets, rights, obligations and liabilities to a successor to the Authority or to each other. 15. Notice. All notices requests and other correspondence hereunder shall be in writing and shall be deemed to have been duly given if delivered, or mailed first class, postage prepaid, addressed as follows: (a) If to New Hanover County: County Manager New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (b) If to City of Wilmington: City Manager City of Wilmington Post Office Box 1810 Wilmington, NC 28402 (c) If to Authority: Executive Director Cape Fear Public Transportation Authority Post Office Box 12630 Wilmington, NC 28405-0130 16. Amendment of Agreement. This agreement may be amended or modified upon mutual agreement of the Board of County Commissioners of New Hanover County,the Council of the City of Wilmington and the Cape Fear Public Transportation Authority provided that any such amendment shall be reduced to writing and signed by the parties to this agreement. 17. Binding Effect.This agreement shall be binding upon the successors, assigns, agents, officials, employees, independent contractors, contractors and subcontractors of the parties. 18. Continuing Obligation.The parties will make and execute all further instruments and documents required to carry out the purposes and intent of this agreement. 19. Reference. Use of the masculine herein includes the feminine and neuter; singular includes plural; and captions and headings are inserted for convenience of reference and do not define, describe, extend or limit the scope or intent of the agreement. CFPTA Agenda Packet 13 20. Interpretation.All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard. 21. Immunity Not Waived.This agreement is governmental in nature, for the benefit of the public, and is not intended to be for private profit or gain and the parties do not intend to waive their sovereign immunity by reason of this agreement. 22. Saving Clause. If any section, subsection, paragraph, sentence, clause, phrase or portion of this agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. 23. Summary of Appendices. Appendix A-Capital Improvement Program Appendix B-Agreement for Coordinated Public Transportation Planning Appendix C-Wave Short Range Transit Plan Appendix D -Operating Routes & Schedules Appendix E -Agreement with UNCW for Transportation Services Appendix F- Memorandum of Agreement with NHC DSS for NEMT Appendix G - Interlocal Funding Agreement Appendix H - Memorandum of Understanding with NHC for Emergency Evacuations Appendix I -Agreement with Brunswick Consortium for Brunswick Connector IN WITNESS WHEREOF, New Hanover County has caused this instrument to be executed in its behalf by its Board of Commissioners through its Chairman as authorized by resolution duly adopted at a regular meeting held on the day of , 2014, attested by its Clerk and its corporate seal to be hereto affixed; and the City of Wilmington has caused this instrument to be executed in its behalf by its City Council through its Mayor as authorized by resolution duly adopted at a regular meeting held on the day of , 2014, attested by its Clerk, and its corporate seal to be hereto affixed; and the Cape Fear Public Transportation Authority has caused this instrument to be executed in its behalf by the Authority through its Chairman as authorized by resolution duly adopted at a regular meeting held on the day of , 2014, attested by its Secretary, and its corporate seal to be hereto affixed on the dates hereinafter set forth. This the day of , 2014. NEW HANOVER COUNTY By: Woody White, Chairman (SEAL) Board of County Commissioners CFPTA Agenda Packet 14 ATTEST: Clerk to Board CITY OF WILMINGTON By: Bill Saffo, Mayor City of Wilmington (SEAL) ATTEST: Clerk to Board CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY By: David R. Scheu, Chairman Cape Fear Public Transportation Authority (SEAL) ATTEST: Secretary This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. CFPTA Agenda Packet 15 Joseph Mininni, CPA Director of Finance &Administration Cape Fear Public Transportation Authority APPROVED AS TO FORM: Andrew W. Olsen Authority Attorney STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public in and for the State and County aforesaid, certify that personally came before me this day and acknowledged that he/she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by himself/herself as its Clerk. Witness my hand and official seal, this the day of , 2014. Notary Public My Commission Expires: (SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public in and for the State and County aforesaid, certify that personally came before me this day and acknowledged that he/she is Clerk to the Board of the City of Wilmington, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and attested by himself/herself as its Clerk. Witness my hand and official seal, this the day of , 2014. Notary Public My Commission Expires: CFPTA Agenda Packet 16 (SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public in and for the State and County aforesaid, certify that personally came before me this day and acknowledged that he/she is Secretary of the Cape Fear Public Transportation Authority, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by himself/herself as its Clerk. Witness my hand and official seal, this the day of , 2014. Notary Public My Commission Expires: (SEAL) CFPTA Agenda Packet 17 �, 1 , Monthly Passenger Summary December 2013 Total Passengers Fixed Route 180,000- 140,000- 160,000 120,000- 140,000 100,000 120,000 100,000- 30,000 a 80,000 40,60,000 000- 60,000 40,000- 20,000- 20,000 0 0 Jul Aug Sep Oct Nov Dec Jul Aug Sep Oct Nov Dec •2012/2013 108.152 135.470 155.461 170.712 147.877 113.003 •2012/2013 102.054 112.743 109.078 121.151 103.736 96.608 ■2013/2014 96.540 124.927 153.473 159.527 138.395 110.281 ■2013/2014 90.758 99.478 98.451 101.711 90.799 90.695 Change -10.74% -7.78% -1.28% -6.55% -6.41% -2.41% Change -11.07% -11.77% -9.74% -16.05% -12.47% -6.12% Seahawk Shuttle Paratransit 60,000- 7.000- 50,000- 6.000 40,000 5.000 gi 30,000- 4.000- 3.000- 20,000 2.000 10,000- 1.000 o Jul Aug Sep Oct Nov Dec 0 •2012/2013 814 16.519 41.252 44.017 39.730 12.607 Jul Aug Sep Oct Nov Dec •2013/2014 823 20.429 50.433 52.335 43.220 15.373 ■2012/2013 5.284 6.208 5.131 5.544 4.411 3.788 Change 1.11% 23.67% 22.26% 18.90% 8.78% 21.94% ■2013/2014 4.959 5.020 4.589 5.481 4.376 4.213 Change -6.15% -19.14% -10.56% -1.14% -0.79% 11.22% CFPTA Agenda Packet 18 a : Passengers by Route December 2013 Fixed Route No. Name Passengers Transfers 101 Princess Place 16,969 2,493 103 Oleander East 5,960 1,044 104 Northeast 5,224 939 105 Medical Center 7,540 1,025 106 Shipyard Blvd 6,598 742 107 College Road 1,812 354 108 Market Street 5,390 839 201 Carolina Beach Road 8,993 1,013 202 Monkey Junction 6,759 831 203 Trolley 3,752 204 Brunswick Connector 1,901 285 205 Longleaf Park 7,878 962 207 North 3,286 573 209 Independence 7,900 785 301 Pleasure Island 733 TOTAL 90,695 11,885 UNCW 701 Blue 1,665 712 Teal 1,725 702 Green 1,755 703 Red 1,613 704 Yelow 2,564 705 Loop 645 706 Point to Point 167 707 Red Express 4,382 709 Loop Express 771 710 CMS 86 UNCW Total 15,373 Para-Transit Services ADA Passengers 1,249 Non-ADA Passengers 2,964 Para-Transit Total 4,213 TOTAL PASSENGERS 110,281 CFPTA Agenda Packet 19 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY MONTHLY OPERATIONS REPORT DECEMBER 2013 FIXED ROUTE MONTHLY Fiscal Year to Date This Month Ridership Statistics Current Last Year %Change Current Prior %Change Total Bus/Trolley Passenger Trips 90695 96608 -6.12% 571892 621313 -7.95% Total UNCW Passenger Trips 15373 12607 21.94% 182613 152457 19.78% Total Fixed Route Passenger Trips 106068 109215 -2.88% 754505 773770 -2.49% Average Weekday Passenger Trips 4224 4612 -8.41% 30043 32352 -7.14% Average Saturday Passenger Trips 2092 2196 -4.74% 11869 12966 -8.46% Average Sunday Passenger Trips 983 1038 -5.30% 5960 5887 1.24% Operating Statistics- Fixed Route Total Revenue Miles 96603 101212 -4.55% 616997 654848 -5.78% Total Revenue Hours 6736 6803 -0.98% 43729 44916 -2.64% Accidents Non Preventable 0 2 -100.00% 10 14 -28.57% Accidents Preventable 0 0 0.00% 7 11 -36.36% Passenger Trips/Revenue Mile 1.10 1.08 1.75% 1.22 1.18 3.49% Passenger Trips/Revenue Hour 15.75 16.05 -1.92% 17.25 17.23 0.16% Operator Overtime 2.97% 3.38% -12.13% Farebox Revenue $78,260 $65,492 19.50% $506,223 $412,052 22.85% Average Fare per Bus Passenger $0.86 $0.68 27.29% $0.89 $0.66 33.47% PARATRANSIT MONTHLY Fiscal Year to Date This Month Ridership Statistics Current Last Year %Change Current Prior %Change Total ADA Passenger Trips 1249 955 30.79% 8023 7801 2.85% Total Non ADA Passenger Trips 2964 2833 4.62% 20615 22978 -10.28% Total Paratransit Passenger Trips 4213 3788 11.22% 28638 30779 -6.96% Average Weekday Passenger Trips 193 180 7.22% Average Saturday Passenger Trips 35 30 16.67% Average Sunday Passenger Trips 6 8 -25.00% Operating Statistics- Paratransit Total Revenue Miles 33097 32771 0.99% 191116 203652 -6.16% Total Revenue Hours 1802 2021 -10.84% 10314 12245 -15.77% Accidents Non Preventable 0 3 -100.00% 2 6 -66.67% Accidents Preventable 3 1 200.00% 6 6 0.00% Passenger Trips/Revenue Mile 0.13 0.12 0.00% 0.15 0.15 0.00% Passenger Trips/Revenue Hour 2.34 1.87 24.74% 2.78 2.51 10.46% Operator Overtime 3.60% 3.10% 16.13% WavePool Passengers 189 N/A N/A 1383 N/A N/A Revenue Miles 4128 N/A N/A 28421 N/A N/A Revenue Hours 76 N/A N/A 505 N/A N/A Special Services Greyhound Ticket Revenue $5,156 $5,745 -10.25% $17,460 N/A N/A Amtrak Passengers On and Off 196 65 201.54% 1056 N/A N/A CFPTA Agenda Packet 20 Advertising Revenue Generated for Wave Transit (CY2012-2013) Peck Agency Marketing and Advertising I Street Level Media Month Year 2012 2013 2013 January $ 3,232.50 February $ 5,327.47 $ 1,638.00 March $ 585.00 $ 592.50 April $ 3,639.60 $ 2,077.50 May $ 4,720.50 $ 2,103.00 June $ 3,247.50 $ 2,160.00 July $ 5,565.00 $ 3,171.00 August $ 3,082.50 $ 2,017.50 September $ 1,065.00 $ 1,518.00 October $ 4,323.00 $ 4,344.00 Contract Executed November $ 855.00 $ 2,763.00 December $ 4,632.00 $ 2,478.00 $1,000 Total $ 37,042.57 $ 28,095.00 $1,000 Fixed Route Exterior Advertising Activity (CY2014) Advertisor Design Type Quantity Status Canape' Superqueen 1 Jim's Pawn Superqueen 2 Contract underway Pop a Lock Full Tails 2 CFPTA Agenda Packet 21 ii}ty,�,;S�1\11 Iri-� i }t{(I.4fy Si(1i�1 c3if IYy l t 1 iS 1 I t;, i I j'ty -iil i \l 1 y1 tc ils tti S ti i tf I,. I ,,,, Ca F ar P bIi,, I, 'a ;p+p} at o, rtd IP �`,tIt , }, ''' }, ':' +I- iS,F�i+,�� ' ,��,�;'�:;�;�;�';�;�;�;�;�, �� , .,{ t min {s w i ,t '}, Statement of Operating Position Date: 7/1/2013-121/31/2013 Budget scenario: 2014(1)(Board Adopted Budget Original) '<<I n ti I j t I �j }\{t{r{-_1{uSJa g ='�,t 4 {!u 1 tl Slt It) 1 1{t{r{1{a{1{r{1{r.{1{r{1{r{1 v" N`° \{4 4 i {'1 1 iS, t } *'j 1{ it J}I { 41 it�P )tl' i n s€' ;) 17;{,I" III t, . 4t � k I I , I , � I � d �� >ia � i,,,,,,� )1 {t 1 ,t ,trt.� t tA,tu�r t ,trrA'+,��A��n� �.,t4 t ,tu,tu,d t tA,tu�„r t t t,tu,tr�,t t ,tu,tra.l t �� t t t,tu�r� ��u,t�t t ,tu S'r� u,tu�r t �t,tu�,tu,ti tlrtlll��1'I��<<«rtvk Operating revenues Farebox revenues 583,738 548,000 35,738 53.26% 1,096,000 Passes 123,756 103,500 20,256 59.79% 207,000 Contracted services 533,363 518,750 14,613 51.41% 1,037,500 Total: Operating revenues 1,240,857 1,170,250 70,607 53.02% 2,340,500 Operating expenses Salaries and wages 1,720,939 1,770,777 49,838 48.59% 3,541,553 Taxes and benefits 543,071 601,782 58,711 45.12% 1,203,565 Fuels and lubricants 539,344 550,550 11,206 48.98% 1,101,100 Maintenance 163,739 311,500 147,761 26.28% 623,000 Communications 10,793 12,700 1,907 42.49% 25,400 Tires 32,237 53,567 21,330 30.09% 107,134 Professional services 199,963 210,634 10,671 47.47% 421,267 Other services 26,566 39,400 12,834 33.71% 78,800 Utilities 38,957 34,650 -4,307 56.22% 69,300 Insurance 583,486 294,974 -288,512 98.90% 589,947 Office supplies and expenses 13,992 17,900 3,908 39.08% 35,800 Marketing 3,528 21,700 18,172 8.13% 43,400 Other expenses 48,859 62,805 13,946 38.90% 125,612 Total: Operating expenses 3,925,474 3,982,939 57,465 49.28% 7,965,878 Nonoperating revenues Subsidies Federal grants 1,015,355 1,527,464 -512,109 33.24% 3,054,928 State grants 231,871 508,075 -276,204 22.82% 1,016,150 Subsidy from primary government 1,558,000 712,500 845,500 109.33% 1,425,000 Subsidy from other governments 91,875 65,438 26,437 70.20% 130,875 Local Government Pledged to Capital -788 788 0.00% -1,575 Total: Subsidies 2,897,101 2,812,689 84,412 51.50% 5,625,378 Net Results 212,484 Cape WarklAPIPSIRsraFtkalton Authority. Page 1 of 1 1/14/2014 3225 PM Cape Fear Public Transportation Authority Operations Center Project Update January 2014 Construction Sitework including underground utilities, rough-in plumbing and electrical, elevator, lift and bus wash pits have been ongoing throughout the month. Curbing for the north parking lot has been installed. Block walls have been started. One hundred percent of the footings have been installed. Vehicle lifting equipment has begun arriving on site. Door frames have also been delivered. CFPUA water and sludge alum lines have been completed and tie in is scheduled for the week of January 20, 2014. The retention pond has been completed and erosion control vegetation has been installed. Change Orders To meet the desire to offset increases in the project cost with savings that do not dramatically impact the facility, January change orders were offset with reductions. Added costs in January include sleeves installed on water lines where they cross storm water lines. The $8,207 change was required by CFPUA and NC General Statutes. Hardware changes in the amount of$6,916 are recommended for approval following negotiations between the Authority and the general contractor regarding subjective language in the bid document. The original amount in dispute was over$20,000 and the compromise is believed to be in the best interest of the Authority. Radiant flooring manifold cabinets not included in the original bid were suggested by the Authority's mechanical engineer during the submittal process. The $3,580 change will protect the manifolds and minimize future maintenance costs. The pace of work by the site subcontractor has nearly exhausted all funding allocated to materials testing. The $8,600 not to exceed amount requested to be allocated to materials testing is believed to be sufficient to complete the contract. A full time material testing employee on site has been a valuable asset and will ensure contract compliance and a well-constructed facility. To offset the above additions, the Authority has identified a vehicle lift that is smaller than originally specified. The smaller lift will meet the needs of the Authority's vans and small LTV's. The total change orders requested for January equals a reduction in the project cost by$15,111. Budget The project budget for the period ending November is 0.80%under available and projected revenues. This assumes approval of the change order in the section above and pending NCDOT SFY 2014 allocations. All revenue identified for the project has been secured with the exception of$469,261.00 from NCDOT. This funding has been requested from NCDOT as part of their SFY 2014 allocation from the NC General Assembly. Applications for SFY 2014 state capital funds were due November 29, 2014. Staff has reached out to NCDOT regarding a decision date. According to the department, awards are expected before the end of January. CFPTA Agenda Packet 23 VI lave Wave Transit Operations Center January 2014 Change Orders range Vendor Cost Days Added ?move TR-30 lift Mohawk $ (43,750) 0 ?move TR-30 accessories Mohawk $ (12,243) 0 id Challenger 4015EFX lift &accessories Mohawk $ 13,579 0 =PUA required water line sleeves ECC $ 8,207 0 3rdware changes C&T $ 6,916 0 ?diant flooring manifold cabinets C&T $ 3,580 0 iditional materials testing ECS $ 8,600 0 rtal Change for January 2014 $ (15,111) 0 24