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HomeMy WebLinkAboutWAVE Agenda Packet 07 24 14 Cape Fear Public Transportation Authority A regularly scheduled meeting of the Cape Fear Public Transporta Thursday, July 24, 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)Safety Awards 05 minutes 5)Public Comment Period 10 minutes 6)Consent agenda 10 minutes 1.Approval of minutes from the June 24, 2014 regular meeting (p. 4) 2.Bus Terminal License Agreement (p. 3.Purchase Order for four (4) Paratransit vehicles (p. 4.Purchase Order for one (1) Paratransit vehicle (p. 5.Purchase Order for one (1) light transit vehicle (p. 6.Agreement with UNCW for transit services (p. 7)Public Hearing FTA Section 5317 Grant Program 05 minutes 8)Committee Reports 30 minutes Executive Committee, Mr. Jeff Petroff, Chairman Committee appointments Meeting with Carolina Beach Town Council debrief Planning & Operations Committee, Mr. Henry Adams, Chair June 2014 operating & statistical reports (p. Finance & Budget Committee, Mr. Bill Bryden, Chair Facilities Committee, Mr. Jeff Petroff, Chair Operations center update (p. July change orders (p. July purchase orders (p. 9)Staff report 10 minutes Non-Emergency Medical Transportation (NEMT) FY 2015 NC State budget MAP - 21 Reauthorization 10)New business Scheduling of August meeting 05 minutes 11)Old business 05 minutes 12)Adjournment The next regular meeting of the Authority will be scheduled at t CONSENT AGENDA The following items are attached for consideration. A brief explanation and recommendation follows: 1)Approval of minutes from June 26, 2014 regular meeting (p. ) 2) Bus Terminal License Agreement th As discussed at the June 26 meeting, Evergreen Trails, DBA Horizon Coach Lines was awarded a grant from the North Carolina Department of Transportation to op between Wilmington and Charlotte with stops in Whiteville, FayetThe Authority will serve as the Horizon agent selling tickets for the bus through t system. As the agent, the Authority will receive $500.00 per mo whichever is greater. The route will not impact the current open and no additional costs are anticipated as a result of the agreement. Under approval of the 01, 2014. Ridership has been minimal which was anticipated. As the route becomes established, ridership is expected to improve. Approval of the contract is recommended. 3) Purchase Order for Four (4) Paratransit vehicles A purchase order in the amount of $187,708 to National Bus Sales Paratransit vehicles is presented for consideration. The vehicles have been competitively bid by the North Carolina Department of Transportation and are included on the NC State contract. The 20 light transit vehicles will replace four (4) raised roof vans which have exceeded their Ninety percent (90%) of the cost of the vehicles is being provided under the NCDOT Commu Transportation program. Ten percent (10%) local matching funds are being provided through the FY 2014-15 MOU between the Authority and New Hanover County Department of Approval of the purchase order is recommended. 4) Purchase Order for one (1) Paratransit vehicle A purchase order in the amount of $50,347 to National Bus Sales Paratransit vehicle is presented for consideration. The vehicle North Carolina Department of Transportation and is included on the NC State contract. The 20 light transit vehicle will replace one (1) raised roof van which percent (80%) of the cost of the vehicle is being provided under Twenty percent (20%) local matching funds are being provided by the City of Wilmington through its annual apportionment. Ten percent (10%) local matching fund during its annual call for projects. Any funding from NCDOT woution from the City of Wilmington. Approval of the purchase order is recommend 6) Purchase Order for one (1) light transit vehicle A purchase order in the amount of $109,236 to National Bus Sales for the purchase of one (1) light transit vehicle is presented for consideration. The vehicle has been competitively bi Carolina Department of Transportation and is included on the NC 8 light transit vehicle will replace one (1) 28 LTV which has exceeded its useful life. Eighty percent (80%) of the cost of the vehicle is being provided under the FTA Secti5307 program through NCDOT. Twenty percent (20%) local matching funds are being provided by the UNCW. Approval of the purchase order is recommended. 7) Agreement with UNCW for transit services Presented for consideration is the annual agreement between the Seahawk Shuttle. Highlights include an increase to the base ra and hours of service. UNCW has also agreed, for the first time since the inception of the Seahawk Shuttle, to provide the local matching funds for capital replace recommended. Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY June 26, 2014 Henry Adams,Vice Chairman, Presiding MEMBERS PRESENT Mr. Henry Adams, Vice Chairman Mr. Don Betz, Secretary Mr. Jonathan Barfield Mr. Bill Bryden Mr. Chris Hawkins Mr. Beck Smith MEMBERS ABSENT Mr. David Scheu, Chairman Mr. Euran Daniels Mr. Kevin O’Grady Mr. Jeff Petroff 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,AccountingClerk CONTRACT MANAGEMENT STAFF PRESENT Mr.Andy Olsen,Olsen Law Firm, Attorney Mr.Chris Greenman, Fixed Route Operations Manager Mr. Jeremy Miller, Maintenance Manager GUESTS PRESENT Ms. Suraiya Rashid, WMPO Ms. Anne Ryan, Citizen CALL TO ORDER Mr. Adamscalled the meeting to order at 12:05 pm The board meeting began with a moment of silence followed by the reciting of the Pledge of Allegiance PUBLIC COMMENT Mr. Adamsopened the public comment period Hearing no comments, Mr. Adams closed the public comment period CONSENT AGENDA Mr.Adamspresented theJune2014consent agenda for approval Mr. Betzmade a motion to accept items 1,2,3,4,5 and 9 Mr. Hawkins second the motion and the motion carried Mr. Adams opened Item 6, contract with Gillig, LLC for 35’ HHD buses, for discussion Mr. Betz asked for clarification regarding the items excluded from the original bid Mr. Eby explained that to meet the established project budget, some extended warranties and non-critical items were eliminated He stated that the Authority tracks warranty items and that the extended warranties are usually similar in costs to the cost of repairs for items that have been eliminated Mr. Betz made a motion to enter into a contract with Gillig, LLC for 35’ HHD buses Mr. Smithsecond the motion andthe motion carried Mr. Adams opened Item 7, purchase order to Gillig, LLC for two CNG buses, for discussion Mr. Betz inquired about the production and delivery scheduled Mr. Eby stated that the project schedules would be determined after issuance of the PO Mr.Betz made a motion to approve Item 7,purchase order to Gillig, LLC for two CNG buses Mr. Bryden seconded the motion andthe motion carried Mr. Adams opened Item 8, FY 2014 Insurance Policy,for discussion Mr. Betz stated that insurance is inconsistently interspersed throughout the monthly financial report He asked staff toinclude all insurance as a single line item Mr. Betz made a motion to approve Item 8, FY 2014 Insurance Policy Mr. Brydenseconded the motion and the motion carried EXECUTIVE COMMITTEE Mr. Adamsstated the committee did not meet PLANNING& OPERATIONS COMMITTEE Mr. Adamspresentedthe committee report Mr. Adams stated fixed route ridership increased by 6.25% for the month of May as compared to May 2013 Mr. Adams noted a positive trend in the average Sunday passenger trips Mr. Adams stated July 2014 marks the beginning of Wave Transit’s tenyear anniversary and noted a celebration and open house event was tentatively scheduled for Wednesday, July 23, 2014 Mr. Adams requested, on behalf of the Committee, a free fare day on Wednesday, July 23, 2014 as a thank you to Wave Transit customers No second was needed and the motion carried unanimously Mr. Adams reported a 62% increase in advertising revenue for CY2014as compared to the same time period in CY 2013 Mr. Adams stated the Board of Directors for the Rotary Club Cape Fear voted to sponsor the th installation of a bench and trash receptacle at 5St. and Meares St. Mr. Adams projected a project completiontime frame of late August Mr. Adams revealed that Danaher Controls Specialists located in Elizabethtown, has requested to reserve a second vanpool vehicle Mr. Adams stated one of the three downtown trolleyswas sent to have the wood revarnished Mr. Adams reported that the fixed route division has had 121 consecutive days without a preventable accident Mr. Eby recognized Ms. Smith, Mr. Greenman and the operations department for their commitment to safety FINANCE & BUDGET COMMITTEE Mr. Adamsrecognized Mr. Bryden to give the committee report Mr. Bryden recognized Mr. Ridgeway from McGladrey to present the audit briefing Mr. Ridgeway explained the audit process and schedule for the FY 2014 A133 audit Mr. Bryden referred the board to the monthly finical report and referred questions to Mr. Mininni He stated that the Authority is expected to end the fiscal year withinthe adopted budget FACILITIES COMMITTEE In the absence of the committee chair, Mr. Adams recognized Mr. Brydento present the report Mr. Bryden stated that the committee had met and that the progress of the facility was going well Mr. Brydenrecognized Mr. Ebyto outline the details of the facility construction process Mr. Eby presented pictures of the progress at the new operations facility Mr. Eby stated that there were no change orders for June RESOLUTIONS Mr. Adamsrecognized Mr. Eby to present the board resolutions Mr. Eby presented a resolution authorizing the Authority to enter into a contract with NCDOT for the 5317 New Freedom grant program The grant would fund a project for design, engineering and construction of bus shelters totaling $116,424 Mr. Eby stated that the City of Wilmington had adopted local matching funds in its FY 2015 budget Mr. Betz made a motion to accept the resolution authorizing the Authority to enter into a contract with NCDOT for the 5317 New Freedom grant program Mr. Bryden seconded the motion and the motion carried STAFF REPORT Mr. Adamsrecognized Mr. Eby to present the staff report Mr. Eby gave an update on Non-Emergency Medical Transportation (NEMT)stating that the NC General Assembly had not passed a biennial budget and that the issue was in limbo until the budget was adopted NEW BUSINESS Mr. Eby presented a proposition from Southeastern Stages for Horizon Coach to utilize Forden Station asan intercity bus stop between Wilmington and Charlotte He stated that the NC Board of Transportation had awarded Horizon a grant to subsidize the service Mr. Eby stated the contract agreement with Southeastern Stages would reflect a flat rate or percentage of ticket sales, whichever is higher, for utilization of the Authority’s resources He stated that the contract was being finalized Horizon had agreed with NCDOT to begin the service on July 01, 2014 He sought approval to begin the service on July 01, 2014 Mr. Barfield made a motion to allowSoutheastern Stages Horizon Coach to utilize the Authority’s resources for bus parking and ticket sales twice per day, seven days a week while travelling to and from Wilmington th Mr. Betz requested that the final contract be presented to the board at the July 24meeting Mr. Adamsseconded the motion which carried unanimously OLDBUSINESS No old business ADJOURN Mr.Hawkinsmade a motion to adjourn the June2014board meeting Mr. Betzseconded the motion and the motion carried STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BUS TERMINAL LICENSE AGREEMENT AGREEMENT, as of the 1st day of July, 2014 by and between CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY, dba WAVE TRANSIT, hereinafter (Authority), a North Carolina Public Transportation Authority, with offices located at 505 CANDO STREET, WILMINGTON, NC 28405, and EVERGREEN TRAILS, DBA HORIZON COACH LINES hereinafter ("Licensee") a Texas corporation with offices at 1251 W. CRAIGHEAD RD, CHARLOTTE, NC 28206. WHEREAS, Authority by title, controls a bus terminal Forden Station, hereinafter called "Terminal", located at 505 Cando St., Wilmington, NC 28405; and WHEREAS, Licensee is engaged in the operation of motor buses for the tran persons, baggage and express and desires to use the Terminal and its faci Licensee's regular route service; and WHEREAS, Licensee desires to use the Terminal in accordance with the service assumptions set forth hereto; and WHEREAS, Authority, in consideration of the intended usage of the Terminal as Licens declares, but subject to renegotiation should Licensee's usage of the Term is agreeable to the granting of a license, subject to the terms and condition NOW, THEREFORE, in consideration of the premises and the mutual covenants and ob hereinafter contained, it is covenanted, stipulated and agreed by and between the parties hereto as follows: 1. Authority grants to Licensee for the Term as defined in Section 14 below, the right and privilege to use, and Licensee agrees to use, the Terminal, its facilities and services in common with Authority and any other carrier which Authority in its sole discretion shall permit to use the Terminal, its facilities and services in the manner and upon the terms and conditions herein set forth. Such facilities and services shall light, heat and air conditioning, and waiting and rest room facilities. Services provided by Authority shall include the announcement of the departure and arrival of such bu ticketing, telephone information (in accordance with Section 10 hereof) and accountin Licensee shall maintain at the Terminal all necessary tariffs, schedules and other print Licensee shall not use the Terminal for the operation of buses i (a) Licensee shall operate no more than two (2) bus departures (Departures") from the Terminal in any given day. As used in this Agreement, the term "Departures" shall mean all buses operated by Licensee that depart from the Terminal, except for extra sections that are operated by Licensee to accommodate an overload bus so long as such extra sections are not operated on a scheduled or regular basis. (b) No changes in the number of Departures operated by Licensee, nor in the routes or schedules operated by the Licensee to or from the Terminal may be made without Licensee providing thirty (30) days prior written notice to Authority. Such notice shall be given as provided in Section 17 below, except that notice shall be addressed to Authority at P.O. Box 12630, Wilmington, NC 28405. If the Authority determines that any such change or changes cannot be accommodated at the Termina whatsoever, Authority shall notify Licensee in writing within thirty (30) days of receipt of Licensee's request for notice of change. (c) Licensee shall only have access to, and the right and privilege to use, Authoritys Terminal as specified by Authority. 2. As compensation for the privilege of using the Terminal faciliti Licensee agrees to pay Authority, during each calendar month during the term of this Agreement, the greater of: (a) the commissions on sales during said month as set forth in section (i) below; or (b) the monthly minimum commission set forth in section (ii) below: (i) Twenty percent (20%) of all tariff charges collected by Authority from the sale of Licensee's tickets at the Terminal; (ii) Five hundred dollars ($500.00) 3. Licensee authorizes Authority to sell Licensee's tickets and issue Licensee's busbills at the Terminal through the established Greyhound Max ticketing system and Authority shall provide all personnel needed or required for the sale of tickets and iss Licensee at the Terminal. All tickets sold and busbills issued Authority for the Licensee shall be sold or issued at the rates set forth in Licen Terminal at the time of the sale or issuance thereof. 4. Authority shall not be obligated to handle baggage for Licensee. Authority shall be entitled to assess, collect and retain for its own account overtime storage charges with respect baggage handled for licensee in accordance with the National Baggage Tariff and applicable express tariffs as issued, reissued or amended by the National Bus Traffic Association, or tariffs or price lists issued by Authority in which Licensee participates. 5. All monies belonging to the Licensee collected by Authority at Terminals equipped with Authoritys automated ticketing system which shall be the Greyhound Max system, (hereafter referred to as "Automated Locations") shall be remito Licensee as follows: unless Authority and Licensee have mutually agreed to different remittance proced thth Authority agrees to submit to Licensee within fifteen (15) days following , 14 and st 21 day of the month an estimated remittance for the respective seve All remittances to the Licensee will be net of the commissions due under Section 2(a), and (b). No funds shall be remitted to Licensee until the monthly minimum commission is deducted by Authority from Licensee's collections. Fifteen (15) days after each calendar month, Authority shall submit to Licensee a remittance, if funds are owed to Lice invoice, if funds are owed to Authority, as required to balance the monthly period. On a monthly basis, Authority will also submit to Licensee a sales report or statement coverin the calendar month just ended. Loss of cash or negotiable instruments through defalcation, theft or willful acts by Authority, Contractor, Authoritys employees or, Contractors employees shall be borne by Authority. In the event of loss of cash or negotiable instruments through thef a third person, the amount of cash and negotiable instruments, i immediately following such theft, robbery or burglary, when inve determine the loss, shall be apportioned among all the carriersAuthority, using the Terminal affected by such theft, robbery or burglary on the amounts due each of them, such amounts to be determined by a joint audit by all carriers concerned. Any money recovered by Authority from any such thir in this section shall be allocated between the parties hereto in respective interests in the account to which the recovery applies. 6. All records, books and accounts of Authority necessary to audit statements submitted to Licensee pursuant to this Agreement shal and upon advance notice, be open for inspection by Licensee and its authorized contractor, employees and representatives at Licensee's sole cost and expens 7. In using the Terminal, Licensee agrees to comply with, and to cause its officers, agents, employees, representatives, contractors and passengers to comply with, all reasonable rules and regulations not inconsistent with this Agreement, establishe Authority to govern the operation of the Terminal, and to conduc orderly, proper, safe, careful, efficient and courteous manner and without offending, annoying or disturbing others at the Terminal. Licensee and Aut conduct their operations in the Terminal without denigrating or maligning the other's name or image. Licensee shall, upon objection from Authority concerning the conduct, demeanor or appearance of any officer, employee, agent, representative or immediately take all reasonable remedial steps necessary. The r governing the operation of the Terminal and its facilities shall be so designed and the Terminal and its facilities so operated, managed, maintained and will be accorded fair, just and impartial accommodations, facili shall furnish impartial information as to the routes, schedules, impartially give out, upon request, such other general informati Prospective passengers destined for competitive points on or bey one of the carriers operating from the Terminal will be quoted service passengers' inquiries and sold tickets according to passenger pr Authority has been provided adequate information by the originat ticket. If no preference is expressed, a ticket will be sold: 1) on the bus which arrives first at the passenger's destination; and 2) on the bus in connection with which all subsequent carriers in the movement of the passenger have an agreement with Authority to quote and sell their service at the points at which the passenger will be transferred. 8. Licensee agrees that it will not permit its drivers or other emp from or sell tickets to passengers departing from the Terminal, xcept in emergencies. Emergency fares collected from passengers boarding Licensee's bu be reported to Authority promptly by Licensee and shall be treat Terminal for the purpose of determining the compensation payable hereunder to Authority. Licensee and Authority agree that in their operations at the Ter passengers holding tickets issued in the other's name, and that agents, employees, representatives and contractors to adhere to herein, "soliciting passengers" means any practice engaged in a any bus loading dock, appurtenant thereto) by which a carrier im attempts to convince passengers holding tickets issued in the name of a di board the soliciting carrier's bus, including but not limited to the follo scheduled departure, for other than operational reasons in ordergers from the other carrier's succeeding schedule; intentionally providing information to passengers with respect to the schedules, routing, loading gates, or expected actual departure and/or arrival times of either or both carriers; or intentionally providing inaccurate or misleading information to passengers with respect or procedures of the Terminal or of either or both carriers. 9. Licensee may not place or display any of its signage inside or otside the Terminal without the prior written consent of Authority, which consent will not b Authority may regulate the number, size, style and location of Licensees advertising or promotional materials at the Terminal, provided that any such re nondiscriminatory and reasonable. 10. The Authority will use its best efforts to provide accurate and impartial telephonic fare and schedule information on behalf of Licensee at the Terminal. 11. Licensee agrees to indemnify, save harmless and defend Authority against and from any and all liability, damages, losses, claims, demands, suits and judgments of every kind and n and from any and all costs and expenses, including attorney's fe (a) injury to or death of officers, agents, contractors, employees or passengers of Lic or other persons occurring on the Terminal premises, or appurtenances thereto, or by reason of any occurrence thereon, but not including injury or death occasioned solely by the gross negligence of Authority or Authority's Contractor or their officers, employees or agents. (b) damage to or loss of any property to whomsoever belonging while premises or appurtenances thereto in connection with Licensee's iness. (c) injury to or death of persons whomever, or damage to or lo occasioned by the acts or omissions of Licensee, its officers, including Licensee's contractor while acting in the performance ices for Licensee, or by the transportation of persons or property by Licensee. (d) willful acts of Licensee, its officers, agents, contractors or employees, including but not limited to assault, battery, false arrest, false imprisonment, mcution, slander or libel or invasion of privacy, arising out of or in any way connected with the services of Licensee. In the event a claim is made or a suit is filed against Authorit responsibility hereunder, Licensee shall be notified of the claim or suit and Licensee shall, at its sole cost and expense, investigate, settle and/or defend suc not settle or otherwise compromise a claim or suit for which indasserted hereunder, unless Licensee settles or compromises the claim or suit by obtaining a full and unconditional release of Authority. If Licensee shall refuse or fail to investigate, settle and/or defend such claim or suit, then Licensee shall be bound bjudgment against, or reasonable settlement made by, Authority and upon demand, Licensee shall pay the amount of judgment or settlement and any and all costs and expenses, including reasonable attorneys fees, incurred by Authority in the investigation, settlement or defense of such claim or suit. 12. Licensee agrees at its sole cost and expense, to obtain and keep in force throughout the term of this Agreement in a form satisfactory to Authority the following policies of insurance: (a) General Liability Insurance with a combined single limit of not less than $1,000,000. Such general liability shall be either: (i) Comprehensive form which has been endorsed to include premises/operations, products and completed operations, contractual, independent contractors, broad form property damage and personal injury; or (ii) Commercial form which has a per location endorsement and is written on an occurrence basis. (b) Comprehensive Automobile Liability Insurance providing coverage - owned, hired and leased vehicles that enter the premises of the Termi appurtenances thereto. (i) for vehicles having a seating capacity of sixteen (16) passengera Combined Single Limit for injury or damage in any one accident of$5,000,000. (ii) for vehicles having a seating capacity of fifteen (15) passengera Combined Single Limit for injury or damage in any one accident of$1,500,000. Licensee agrees to provide and keep in force throughout the term of this Agreement a policy(ies) of Workers' Compensation insurance in statutory requ employees engaged in operations under this Agreement. Licensee further agrees to name Authority as an additional insured on the General and Automobile Liability policies in connection with services tendered to Licensee, provided however, that such insurance shall contain provisions to the eff Authority as an additional insured shall not affect any recovery to which Authority would be entitled under the policy if it were not so named, and that the be without contribution from any similar insurance effected by Authority. Upon execution of this Agreement, Certificates of Insurance verifying each of the above conditions, and providing for thirty (30) days prior written notice of any cancellation or reduced coverage, shall be submitted to Authority at the notice 16. Any failure to provide the insurance coverage specified in Secti default under the terms of this Agreement, and permit Authority to immediately suspend Licensee's rights under this Agreement and, if such default is n(10) days to terminate this Agreement upon written notice. 13. In the event of a strike, lockout, labor controversy, act of God control of Authority which results in the inability of Authority at the Terminal or in Licensee's inability to use the Terminal, Authority shall not be obl to furnish Licensee the facilities and services provided for in period Authority is unable to operate the Terminal and Licensee either actual or punitive damages as the result of Licensee's inabiliTerminal or Authority's inability to conduct normal operations at the Termin 14. The Term of this Agreement shall begin on the first day of July 2014 and shall continue in full force and effect for a period of one (1) year. The Agreement shall thereaf automatically renew for additional one (1) year periods unless e notice to the other at least thirty (30) days before the expiration date of the current term of such party's intention not to renew after the expiration of the termination in accordance herewith, the Agreement shall terminat of the initial term or the then current renewal term. Without limiting the foregoing, the parties shall have the following additional termination rights: (a) In the event Authority or Licensee shall be permanently prevented from making, or be rendered unable to make, use of the Terminal for a bus terminal ason of any regulation, requirement or decision of public authority, then either party hereto may terminate this Agreement by written notice to the other party. (b) In the event Authority desires to discontinue the operation of t terminate this Agreement by giving Licensee at least sixty (60) days prior written notice of termination without penalty of any kind; provided, however, that if the Authority acquires another terminal location within five miles of the Term one year of termination, it shall offer Licensee use of such other terminal if; (i) there is sufficient space available to accommodate Licensee and other tenant carriers; and (ii) Authority and Licensee agree upon the terms of compensation paya for such use, taking into consideration the costs of operating the new location. (c) In the event of a default in the performance by either party of under this Agreement, the other party may terminate this Agreemen notice of termination to the defaulting party, if the default ha ten (10) days after the defaulting party has been given written intention to terminate by the other party. Subsequent defaults the other party to terminate this Agreement without providing te notice. (d) Notwithstanding any other provision contained herein to the contrary, Licensee agrees to concurrently with the effective date of this Agreement and throughout the term hereof, procure and maintain all necessary and/or require operat permits and/or registrations, both state, federal and local, for vehicles for all jurisdictions operated by or contained in operaime schedules of Licensee. In the event, Licensee fails to procure or maintain such operating authorities, permits and/or registrations, Licensees rights under this Agreement may be immediately suspended and, in the event Licensee fails to cure ciency within a ten (10) day period from such suspension, the Authority shall have the right, upon written notice to Licensee, to immediately terminate this Agreem shall not affect the liabilities between the parties hereto, inc any indemnity obligations, accruing prior to such termination date. (e) Notwithstanding the foregoing, in the event of a dispute concerning either party's compliance with the terms and provisions of Section 7 or 8 hereof, the party complaining of the noncompliance may invoke the alternative dispute resolution ("ADR") process set forth below. Disputes regarding optional ho not be subject to this Section 14(e). The party opting for the ADR process described herein (the "CompParty") shall initiate the ADR by providing written notice to the other party specifying in detail the Complaining Party's contention that the terms and provisions of Section 7 or 8 have not been complied with by the Offending Part Party shall furnish with its notice letter whatever evidence is Complaining Party to support its contentions. (i) Informal Resolution: On a mutually agreeable date, no later than twenty (20) calendar days after receipt by the Offending Party of the Compla written notice, the parties shall meet in the offices of the Com good faith attempt to resolve the alleged noncomplying conduct set forth in the written notice. If, at the conclusion of the informal resolution meeting, the dispute is not satisfactorily resolved, (a) either party may, within ten (10) calendar days, refer the dispute to the mediation process described below; or (b) if the dispute is not referred to mediation within the ten (10) day period, the Co shall be deemed to have waived its rights to pursue any other re respect to the dispute, including, but not limited to, the right to pursue legal remedies or further resolution under the ADR process. (ii) Mediation: Upon referral of a dispute to mediation, the Mediation Arbitration Organization (defined below) shall, within five (5) calendar day notice of referral, (a) appoint an impartial, neutral and knowledg hear the dispute, and (b) provide notice to the parties of such mediation process shall be commenced, to the extent practicable, calendar days after the date the mediator is appointed. The parties agre mediator's role is to assist the parties in resolving the disput shall not have the authority to impose a settlement upon the par otherwise agreed by the par1ies, the mediation process shall terminate ten (10) calendar days after the date of the initial mediation conference conclusion of the mediation process, the dispute is not satisfac either party may, within ten (10) calendar days, refer the dispute to the arbitration process described below; or (b) if the dispute is not referred to arbitration within the ten (10) day period, the Complaining Party shall be deemed to have wai rights to pursue any other remedies with respect to the dispute, limited to, the right to pursue legal remedies or further resolu process. (iii) Arbitration: Upon referral of a dispute to arbitration, the Mediation/Arbi Organization shall, within five (5) calendar days after receipt referral, (a) appoint an impartial, neutral and knowledgeable arbitrator(s) to hear the dispute, and (b) provide notice to the parties of such appointment. The arbitration proceedings shall be commenced, to the extent practicable, within thirty (30) calendar days after the date the arbitrator(s) is appointed that the arbitrator(s) shall not have the right to assess puniti damages and may not make any ruling, finding or award that does not conform to the basic intent of the parties as expressed by the terms and co Agreement. Further, without limiting the remedies that may be i arbitrator(s), and notwithstanding any language to the contrary in Section 9, the arbitrator(s) shall have the power to terminate the Agreement in Authority asserts that Licensee has violated the provisions of S Agreement. The findings or award of the arbitrator(s) shall be binding, unless, at the time of referral to arbitration, the Complaining Party elects to have the arbitration be non-binding and advisory. (iv) Modification of the ADR Process: By mutual written agreement, the parties may bypass the steps described in (i), (ii) or (iii) above or may modify the time deadlines described therein. (v) Applicable Procedures and Law: The parties hereby select the American Arbitration Association (the "Mediation/Arbitration Organization") to conduct the mediations/arbitrations hereunder. Except as expressly provided herein, all mediations/arbitrations shall be initiated, conducted and govern established rules and procedures of the American Arbitration Ass mediation conferences and arbitration proceedings will be held i Mediation/Arbitration Organization in the city where the Termina fees and administrative costs of the mediations/arbitrations sha be shared equally and each party shall bear its own attorneys' fees and expenses in connection therewith. Neither party shall have the right to appeal arbitration award, except on the grounds set forth in Section 10 of the United States Arbitration Act. There will be no right to a trial de novo. (vi) Other Rights and Remedies: The ADR process described above shall be mandatory, and must be exhausted before the Complaining Party is entit exercise its other legal rights and remedies, in cases of an all Standards of Conduct set forth in Section 7 or the provisions o however, ADR shall not be mandatory if the Complaining party has process against the Offending Party in the prior six (6) month period or at least twice previously since the effective date of the Agreement. In ADR is not mandatory, the Complaining Party may, in lieu of invo process, exercise its legal rights and remedies as provided in the Agreement or at law or in equity. However, once the Complaining Party initiates the ADR process, it must exhaust its rights under the ADR process and may not exercise its other legal rights and remedies until the dispute completes the ADR process described in (i), (ii) and (iii) above, and its rights to appeal a binding arbitration award shall be limited as stated above. In the event of a non-binding arbitration, the Complaining Party may, following completion of the ADR process, exercise its legal rights and remedies as provided in the Agreement or at law or in equity. (f) Authority may modify the rates specified in Section 2 of this Ag with thirty (30) days prior written notice to Licensee, in the event that: (i) Licensee materially deviates from the Service Assumptions set forth in Exhibit A; (ii) Licensee materially modifies its usage of the Terminal, including but not limited t its hours of operation, levels of service, departure or arrival additional costs or expenses on Authority; (iii) Authority's costs in operating the Terminal or providing Licensee the services herein specified materially changes; provided however, that, during the term of this Agreement, the rates specified in Section 2(a) and 2(b) as increased pursuant to this Section 14(f) shall not exceed 30%; provided however, that this percentage limitation shall not apply if: (i)Licensee operates 30% or more of th daily departures from the Terminal; or (ii)there is a relocation of the site of the Terminal from the location as originally set forth in this Agreement. Upon notification of a change in rates, Licensee may either: (x)give written notice of its intent to discontinue its use of the terminal at the end of the thirty (30) day notice period; or (y)agree to be bound by the modified rates at the end of the thirty (30) day notice period. Failure to execute a written agreement to the new rates at the conclusion of the thirty (30) day notice period shall be grounds for immediate termination of this Agreement. If Licensee continues using the Terminal after the termination of this Agree Authority's express or implied permission, such use shall be deeall of the terms, conditions and provisions of this Agreement, but the deemed to have been extended or renewed. Licensee shall immediately discont any such use of the Terminal upon notice from Authority that itsimplied permission to make such use is revoked. 15. The specified remedies to which one of the parties hereto may resort under the terms of this Agreement in the event of a default or violation hereof by the other party are cumulative and are not intended to be exclusive of any other remedies or means of redress which may be lawfully invoked under the circumstances. The failure of either pinsist upon strict performance in any one or more cases shall not be constru relinquishment or waiver for the future of the right to require f waiver of any provision hereof shall be deemed to have been made unless expr writing and signed by the party giving the waiver. After the term hereof shall have terminated it shall not be extended or renewed as a result of Au payment from the Licensee, Authority rendering any bill to the Licensee or Authority acquiescing on the continued use of the Terminal by the Licensee. 16. Licensee is required to address any notice to Authority at P.O. Box 12630, Wilmington, NC 28405, or to such other place as Authority may from time to time design notice to Licensee, with a copy to Authority's Legal Department the same address and all written notices to the Licensee shall be directed to Licensee at1251 W. Craighead Rd., Charlotte, NC 28206. Any notice given or required to be given pursuant to this Agreement or any of the provisions thereof shall be in writing and delivery of the same by United States Certified Mail, postage prepaid, in which event notice shall date from the time such Certified Mail is deposited in the United States mail. 17. The interest of Licensee under this Agreement is not transferabl any sublease pursuant hereto, without the prior written consent of Authority, it being understood and agreed that this prohibition applies not only to vol to transfers by operation of law and all involuntary transfers, ownership of a majority of Licensee's capital stock shall be deemed a transfer of this Agreement. In the event Licensee shall dispose of or be divested this Agreement applies, or in the event of a change in ownership stock, this Agreement shall automatically terminate, unless Authority shall have consented in writing to the transfer of this Agreement in connection therewith. 18. It is hereby mutually agreed that this Agreement cancels and terJuly 1, 2014 any and all prior agreements, understandings and arrangements relative to the subject matter of this Agreement, provided, however, that such termination shall not affect any of the rights or obligations of the parties which may have accrued or arisen prior to the effective date of this Agreement. 19. This Agreement does not create the relationship of a partnership o parties agree that neither party shall assume any responsibility omissions of the other party. 20. Except as otherwise expressly provided herein, this Agreement shall bind and inure to the benefit of the respective parties hereto and their respective su 21. The prevailing party in any litigation hereunder shall be entitled to the recovery of its reasonable attorneys fees, court costs and other related expenses from the non-prevailing party or parties; as such amounts are fixed by the court in which said litigation 22. Interpretation and enforcement of this Agreement shall be in acc the state of North Carolina. 23. If one or more of the provisions contained in this Agreement sha be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof a construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 24. No modifications or amendments of this Agreement shall be valid executed by the duly authorized representatives of the contracting parties. IN WITNESS WHEREOF, the CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY and EVERGREEN TRAILS, DBA HORIZON COACH LINES, INC. have each executed this Agreement in duplicate originals, one of which shall be retained by each of the parties. th This the 27 day of June, 2014. CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY BY: __________________________________ Jeffrey B. Petroff, PE, Chairman ATTEST: _______________________________ (seal) Don Betz, Secretary This instrument has been preaudited in the manner required by th Control Act. This _______ day of __________________, 2014. _________________________________________ Joseph Mininni, CPA, Finance Officer APPROVED AS TO FORM: ________________________________ Andrew W. Olsen Authority Attorney STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ____________________, a Notary Public do hereby certify that tz personally came before me this day and acknowledged the he is the Secretary of t Authority and that, by authority duly given and as the act of th instrument was signed in its name by its Chairman. WITNESS my hand and official seal this the _______ day of ______ ________________________________ Notary Public My commission expires: _____________________ (seal) EVERGREEN TRAILS, DBA HORIZON COACH LINES, INC. By:_____________________________________ _____________________________________ Print Name and Title STATE OF ______________________ COUNTY OF ____________________ I, _________________________________, a Notary Public in and for hereby certify that __________________ , personally came before due execution of the foregoing instrument on behalf of Evergreen Trails, DBA Horizon Coach Lines, INC., for the purposes therein expressed. WITNESS my hand and official seal this the _______ day of ______ ________________________________ Notary Public My commission expires: _______________________ (seal) SCHEDULING OF NEXT MEETING The Authority’s next meetingis scheduled for July 24, 2014at 12:00 pm in the Forden Station Board Room Respectfully Submitted, Albert Eby Executive Director /kw/mm Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order To: National Bus Service 800 Pickens Drive Extension Marietta, Ga 30062 770-795-4270 Date:7/18/2014PO #15-0083 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:2014 20 Foot LTV Description QtyUnit costExt cost 2014 20 FT. LTB Steel Reinforced Composite Body 4per Order Form$ 46,927.00$187,708.00 Total cost$187,708.00 Division GL NumberAmountGrant Code 15-AR-052$FP $FP $FP $FP $FP $FP $ Accrued Sales Tax 21400 $ Sales Tax 12600 AuthorizedEntered This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Jean M. Smith Director of Operations Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order To: National Bus Service 800 Pickens Drive Extension Marietta, Ga 30062 770-795-4270 Date:7/18/2014PO #15-0084 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:2014 20 Foot LTV Description QtyUnit costExt cost 2014 20 FT. LTB Steel Reinforced Composite Body 1per Order Form$ 50,347.00$50,347.00 Total cost$50,347.00 Division GL NumberAmountGrant Code 15-AR-052$FP $FP $FP $FP $FP $FP $ Accrued Sales Tax 21400 $ Sales Tax 12600 AuthorizedEntered This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Jean M. Smith Director of Operations Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order To: National Bus Service 800 Pickens Drive Extension Marietta, Ga 30062 770-795-4270 Date:7/18/2014PO #15-0054 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:28 Foot LTV Description QtyUnit costExt cost 2014 28 FT. LTB Steel Reinforced Composite Body 1per Order Form$ 109,236.00$109,236.00 Total cost$109,236.00 Division GL NumberAmountGrant Code NC-90-X502$FP $FP $FP $FP $FP $FP $ Accrued Sales Tax 21400 $ Sales Tax 12600 AuthorizedEntered This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Jean M. Smith Director of Operations AGREEMENT FOR TRANSPORTATION SERVICES This Agreement made and entered into this the ______ day of _____________, 2014, by and between the University of North Carolina Wilmington, a constituent institution of the University of North Carolina ("UNCW") and the Cape Fear Public ; W I T N E S S E T H: WHEREAS, UNCW is authorized by G.S. 116-44.4 to regulate traffic and parking on university property and to utilize funds derived therefrom to provide bus service and other transportation systems and facilities serving university students, faculty or employees; and WHEREAS, on July 01, 2004, the Cape Fear Public Transportation Authority was created by joint resolution of the City of Wilmington and New Hanover County under North Carolina General Statutes 160A Article 25, to provide public transportation services within New Hanover County, assuming the duties and responsibilities of the Wilmington Transit Authority (WTA) and New Hanover Transportation Services (NHTS) upon dissolution of each entity; and WHEREAS, UNCW and CFPTA entered into an agreement dated June 29, 2012 under which the CFPTA operated shuttle buses to apartment complexes and other areas near the university campus for the benefit of UNCW students; and WHEREAS, CFPTA has been providing the services detailed under the above agreement since July 01, 2012; and WHEREAS, the purpose of the agreement was to ease traffic congestion and parking concerns on campus; and WHEREAS, the agreement was for a one (1) year period commencing July 01, 2012 and terminating June 30, 2013; and WHEREAS, CFPTA has the legal authority to contract with UNCW for such purpose; NOW, THEREFORE, for and in consideration of the premises and the terms and conditions set forth herein, the parties do hereby agree as follows: CFPTA/UNCW Contract 1of 10 Rev. 005 1. Services to be Provided by CFPTA (a) CFPTA hereby agrees to provide shuttle bus services for the benefit of university students ("bus service"). The shuttle buses shall operate between the UNCW campus and apartment complexes with large student populations located within the vicinity of the university. The shuttle buseswill also operate between satellite parking lots and campus. For the fee(s) outlined herein, CFPTA will provide an agreed upon number of revenue hours on established routes for each day UNCW is in session during the fall, spring and summer semesters. Service for the annual beach blast is also included in this agreement. It is intended that the shuttle buses shall operate on days that UNCW is in session between the hours of 7:00 a.m. to 9:30 p.m. Any service to extend beyond 9:30 p.m. shall be at a rate to be agreed by the parties, but not to exceed $57.30 (fifty-seven dollars and thirty cents) per vehicle revenue hour (premium rate) plus or minus the fuel escalator/de-escalator outlined in Section 4(d) when applicable. The shuttle bus routes and operating schedules may be modified upon agreement of the parties in order to maximize the use of the shuttle buses. Changes to the routes and or operating schedules by either party will require 30 day notice. (b) CFPTA will provide all vehicles and signage necessary for the operation of the shuttle bus routes and shall maintain such vehicles in good operating condition and in accordance with all applicable state and federal rules, laws, statutes, regulations and safety standards for common carriers. UNCW recognizes their responsibility to assist the CFPTA in addressing the current and future capital costs of vehicle replacement for the UNCW shuttle buses. For fiscal year 2014-2015, UNCW agrees to provide the 20% funding to replace two (2) shuttle buses. The current estimate to replace a vehicle is $140,000 (one-hundred forty thousand dollars). The UNCW contribution of 20% equals $28,000 (twenty-eight thousand dollars) per vehicle for a total of $56,000 (fifty-six thousand dollars). CFPTA will be responsible for locating both Federal and State funds for vehicle replacement. Federal and State funding opportunities vary from year to year. Based on Federal and State funding oppintent to replace 10 vehicles as follows: 2015 (2); 2016 (3); 2017 (3); 2018 (2). CFPTA will notify the University 30 days prior to ordering any vehicle, outlining the estimated share and time CFPTA/UNCW Contract 2of 10 Rev. 005 tables for both funding and delivery of vehicles. In the event federal funding is not available based on this schedule, the number of replacement vehicles will be added to Shuttle buses used predominately on UNCW routes are branded with a mutually agreed upon UNCW decal on the window(s) located at the rear of the vehicle. The above mentioned shuttle buses will be modified with increased UNCW branding. Brand design and placement location on the vehicle will be mutually agreed upon by both parties. UNCW agrees to pay for 100% of the branding costs and replacement costs for any decal that has been damaged beyond repair. (c) CFPTA shall provide all necessary personnel for the operation of the shuttle bus routes, and drivers shall be properly and currently licensed. During the term of this Agreement, CFPTA will maintain records on ridership of the shuttle bus service. Ridership data for off campus shuttle bus service will be recorded and provided to UNCW on a monthly basis. Ridership data for on campus shuttle bus service will be recorded on an hourly basis and presented to UNCW on a monthly basis. With recognition that the successful performance of this contract is dependent on favorable response from the users, CFPTA shall meet bi-annually, at a minimum, with the appropriate campus authority to effect adjustments in operations and shall cooperate at all times to maintain maximum efficiency and reliability and good public relations with students, faculty, and staff. 2. Eligibility The shuttle bus service is open to members of the public who pay the established fare. Any user, including UNCW students and faculty, requesting to utilize the shuttle bus service at no cost must present the appropriate eligibility requirement to operations staff when boarding the shuttle bus. 3. Term st This Agreement shall be effective on the 1day of July, 2014and shall extend until June 30, 2015, unless sooner terminated as provided herein. UNCW shall have the option to extend this agreement by providing CFPTA written notice of the exercise of each option at least sixty (60) days prior to the commencement of the extension term. Any extension shall be on the same terms and conditions as set forth herein. Extension CFPTA/UNCW Contract 3of 10 Rev. 005 pricing, if exercised, shall be by mutual agreement of the parties. 4. Payment for Services For the services provided herein, UNCW shall pay CFPTA the following amounts: (a) For the period of July 1, 2014 through June 30, 2015, UNCW agrees to pay CFPTA the amount of $46.10 (forty six dollars and ten cents)(base rate), per vehicle revenue hour for the mutually agreed upon 17,000 of service hours. This rate applies to vehicle revenue hours of no less than 17,000 and up to 18,300, plus or minus the fuel escalator/de-escalator outlined in Section 4d. Revenue hours in excess of 18,300 vehicle revenue hours will be billed as outlined in Section 4(c) of this agreement. (b) Should the parties agree to exercise any extension that exceeds 18,300 in vehicle revenue hours as indicated in 4(a), the rate will be at a mutually agreed upon amount per revenue hour. On or before March 1 of each year of any extension of this Agreement, CFPTA shall provide UNCW with an estimate of UNCW's share of the cost of the bus service for the upcoming year. Upon agreement, such amount shall be set forth in a written amendment to this Agreement. The agreed upon amount shall be paid as set forth herein. In the event that UNCW and CFPTA do not reach agreement on the amount of UNCW's payment for the bus service by June 30, this Agreement shall not be extended. A retainer of $150,000 payable on August 1, 2014 by UNCW is a requirement of this agreement. The retainer will used to assist in meeting the operating cash flow needs of the Authority related to UNCW services, from August 2014 through June 2015. The $150,000 retainer will be used to offset any billings for the months of April 2015 through June 2015, with UNCW making up any shortage after applying the retainertowards these billings. Any unused retainer will be returned to UNCW along with the final June 2015 billing. All bills are due and payable twenty (20) days after the bill date with a late payment fee of .02%. One waiver will be granted on any past due bill. CFPTA/UNCW Contract 4of 10 Rev. 005 CFPTA shall bill UNCW prior to the payment due date at the rate of $1.00 per ride based on the ridership data for the period since the last billing date. Any difference between the billed amount based on ridership and the amount due shall be paid by UNCW as a program subsidy. (c) This agreement is for a minimum of 17,000 and a maximum of 18,300 vehicle revenue hours at the base rate detailed in Section 4(a) for the period beginning July 01, 2014 and ending June 30, 2015. Service in excess of 18,300 vehicle revenue hours will be billed at a rate of $57.30 (fifty-seven dollars and thirty cents) per vehicle revenue hour (premium rate) plus or minus the fuel escalator/de-escalator outlined in Section 4(d) when applicable. Any service exceeding 18,300 vehicle revenue hours must be requested in writing two weeks prior to the date the service is needed. Fuel Escalator/De-escalator (d) . The base rate includes all costs for the service including fuel up to $3.30 per gallon. Fuel costs above $3.30 per gallon will result in an additional charge to the base rate of twenty-eight point three cents ($0.283) per hour for every ten cents ($0.10) over three dollars thirty cents ($3.30)per gallon of ultra-low sulfur diesel fuel as determined by the North Carolina Department of Administration Purchasing and Contract Division daily fuel pricing contract number 405Q for ultra-low sulfur diesel fuel. The fuel escalator will be determined on the first day of the month for the month billed (i.e. July 01 for invoicing due July 30). The URL for contract 405Q at the time of this agreement is: http://www.doa.nc.gov/pandc/405q.pdf. Fuel costs below three dollars and thirty cents ($3.30) per gallon of ultra-low sulfur diesel fuel will result in a credit to the base rate of twenty-eight point three cents ($0.283) per hour for every ten cents ($0.10) below three dollars thirty cents ($3.30)per gallon of fuel as determined by the North Carolina Department of Administration Purchasing and Contract Division daily fuel pricing contract number 405Q for ultra-low sulfur diesel fuel. The fuel de-escalator will be determined on the first day of the month for the month billed (i.e. July 01 for invoicing due July 30). The URL for contract 405Q at the time of this agreement is: http://www.doa.nc.gov/pandc/405q.pdf. (e) ACustomer Service Bonus of 1% shall be paid to CFPTA upon invoice, when all of the following customer service standards have been met. The CFPTA will CFPTA/UNCW Contract 5of 10 Rev. 005 maintain the following customer service standards: (i) On-time performance will be measured and documented on a monthly basis and said documentation supplied to the UNCW within 10 calendar days following the close of each month. An on-time performance rate of 90% or higher for all UNCW routes will be considered satisfactory. (ii) 95% of customer complaints responded to within 24 hours, or one full business day, of acknowledged receipt. (iii) The AVL bus tracking system shall be fully operational 95% of the time. 5. Inclement Weather In the event classes and shuttle bus service is cancelled as a result of inclement weather, UNCW may request shuttle bus service be provided during scheduled make-up hours. Shuttle bus service make-up hours must be requested in writing two weeks prior tothe date the service is needed. Make-up hours conducted Monday thru Friday will be billed at a rate of $47.30 (base rate) per vehicle revenue hour. Make-up service hours conducted on Saturday or Sunday will be billed at a rate of $57.30 (premium rate) per vehicle revenue hour. The CFPTA reserves the right to cancel service at its sole discretion when conditions warrant. 6. Insurance CFPTA shall provide insurance as required by State laws or regulations for the protection of vehicles, passengers and personnel. All insurance claims or inquiries shall be handled directly through CFPTA. 7. Advertising Advertising on the exterior of the shuttle buses used predominately on UNCW campus shall Advertising Policy. UNCW shall be provided the same advertising opportunities as federal regulations prohibit the CFPTA from exclusive advertising. 7. Compliance with Law CFPTA shall comply with all applicable laws, ordinances, codes, rules and regulations in performing the services called for in this agreement. In connection with the performance of this agreement, CFPTA agrees not to discriminate against the CFPTA/UNCW Contract 6of 10 Rev. 005 beneficiary or recipient of the services provided by this agreement, or against any employee or applicant for employment on the basis of race, color, creed, national origin, age, ethnic background, sex or disability. 8. No Liability for Failure It is understood and agreed that CFPTA shall not have any liability to adequately or properly perform its obligations under this agreement based on any of the following events or occurrences: (a) Adverse weather conditions that would create hazardous driving conditions; (b) Shortages of fuels or lubricants beyond the control of CFPTA; (c) Interruptions to service caused by labor dispute; or (d) War, riot, revolution, or Act of God. (e) Loss of funding from FTA, NCDOT or City of Wilmington 9. No Agency or Employment This is an agreement for the provision of transit services to UNCW. Nothing herein shall be construed to make either party the agent or employer of the other or to make employees of either party the employees or agents of the other for any purpose. 10. Termination (a) This agreement may be terminated by either party without cause upon ninety (90) days written notice to the other party. (b) If either party fails to keep and perform each and all of the covenants contained herein, then and in that event, the other party, after notifying the non- conforming party not less than thirty (30) days in advance and upon the failure of the other party to comply within such period, may at its option either terminate this agreement or maintain an action in a court of competent jurisdiction for damages, specific performance or injunctive relief. It is agreed that either party's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 11. Entire Agreement; Amendment CFPTA/UNCW Contract 7of 10 Rev. 005 This agreement constitutes the entire understanding of the parties. This agreement may be amended or modified upon mutual agreement of the respective parties, provided that any such amendment shall be reduced to writing and executed by both parties. 12. Binding Effect This agreement shall be binding upon the heirs, successors, assigns, agents, officials, employees, independent contractors, and subcontractors of the parties. 13. Continuing obligation The parties will make and execute all further instruments and documents to further the purposes and intent of this agreement. 14. Reference and interpretation 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. 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. 15. Saving 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, shall portions shall be deemed severable and such holdings shall not effect the validity of the remaining portions hereof. IN WITNESS WHEREOF, UNCW has caused this agreement to be duly executed in its name by its Chancellor and the Cape Fear Public Transportation Authority has caused this agreement to be duly executed in its name and behalf through its Chairman and its name affixed and attested to. University of North Carolina at Wilmington CFPTA/UNCW Contract 8of 10 Rev. 005 ____________________________________ By: Title: seal) ( ATTEST: _____________________________________ Name: Title: Cape Fear Public Transportation Authority _______________________________ Capt. David Scheu Chairman seal) ( ATTEST: _____________________________________ Don Betz Secretary APPROVED AS TO FORM: _____________________________________ Andrew Olsen Attorney, CFPTA This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _____________________________________ Joseph Mininni, CPA Director of Finance and Administration, CFPTA STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CFPTA/UNCW Contract 9of 10 Rev. 005 I, the undersigned Notary Public, do hereby certify that ____________________ personally came before me this day and acknowledged he/she is ___________________ of the University of North Carolina at Wilmington and that, by authority duly given and as the act of the constituent institution, the foregoing instrument was signed in its name by its Chancellor. WITNESS my hand and notarial seal, this the ______day or _______________, 20 ____. _____________________________________ Notary Public My Commission Expires: _____________________________________ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, the undersigned Notary Public, do hereby certify that David Scheu personally came before me this day and acknowledged he is Secretary of the Cape Fear Public Transportation Authority and that, by authority duly given and as the act of the constituent institution, the foregoing instrument was signed in its name by its Chairman. WITNESS my hand and notarial seal, this the ______day or _______________, 20 ____. _____________________________________ Notary Public My Commission Expires: __________________________________ CFPTA/UNCW Contract 10of 10 Rev. 005 Monthly Passenger Summary June 2014 Total Passengers Fixed Route 180,000140,000 160,000 120,000 140,000 100,000 120,000 80,000 100,000 80,000 60,000 60,000 40,000 40,000 20,000 20,000 0 0 JulAugSepOctNovDecJanFebMarAprMayJun JulAugSepOctNovDecJanFebMarAprMayJun 2012/2013 102,054112,743109,078121,151103,73696,608107,95491,50795,02096,30194,97687,593 2012/2013 108,152135,470155,461170,712147,877113,003145,933138,411126,975142,888103,54893,324 2013/2014 90,75899,47898,451101,71190,79990,69578,84585,30393,67996,03297,70292,893 2013/2014 96,540124,927153,473159,527138,395110,281108,585133,034133,577143,641109,52898,291 Change -11.07%-11.77%-9.74%-16.05%-12.47%-6.12%-26.96%-6.78%-1.41%-0.28%2.87%6.05% Change -10.74%-7.78%-1.28%-6.55%-6.41%-2.41%-25.59%-3.88%5.20%0.53%5.78%5.32% Seahawk Shuttle Paratransit 60,000 7,000 6,000 50,000 - 5,000 40,000 4,000 30,000 3,000 20,000 2,000 10,000 1,000 0 0 JulAugSepOctNovDecJanFebMarAprMayJun JulAugSepOctNovDecJanFebMarAprMayJun 2012/2013 5,2846,2085,1315,5444,4113,7884,8084,7014,8715,3454,7514,744 2012/2013 81416,51941,25244,01739,73012,60733,17142,20327,08441,2423,821987 2013/2014 4,9595,0204,5895,4814,3764,2133,7593,9454,7434,3344,5564,600 2013/2014 82320,42950,43352,33543,22015,37325,98143,78635,15543,2757,270798 Change -6.15%-19.14-10.56-1.14%-0.79%11.22%-21.82-16.08-2.63%-18.91-4.10%-3.04% Change 1.11%23.67%22.26%18.90%8.78%21.94%-21.683.75%29.80%4.93%90.26%-19.15 Passenger Summary Fiscal Year 2013-14 Total PassengersFixed Route 1,400,000 1,800,000 1,581,754 1,218,721 1,509,799 1,600,000 1,116,346 1,200,000 1,400,000 1,000,000 1,200,000 Change - 800,000 2.42% Change 1,000,000 -2.76% 800,000 600,000 FY 12-13 FY 12-13 600,000 FY 13-14 400,000 FY 13-14 400,000 200,000 200,000 0 0 Total PassengersFixed Route Seahawk Shuttle Paratransit 70,000 400,000 59,586 338,878 350,000 60,000 54,575 303,447 - 300,000 50,000 250,000 Change Change - 40,000 5.88% 26.51% 200,000 30,000 FY 12-13 FY 12-13 150,000 FY 13-14 FY 13-14 20,000 100,000 10,000 50,000 0 0 Paratransit Seahawk Shuttle Passengers by Route June 2014 Fixed Route PassengersTransfers No. Name 101Princess Place16,0142,465 103Oleander East6,4041,027 104Northeast5,637932 105Medical Center7,605909 106Shipyard Blvd6,199715 107College Road2,216314 108Market Street5,642809 201Carolina Beach Road9,534998 202Monkey Junction6,782707 203Trolley5,298 204Brunswick Connector2,085228 205Longleaf Park7,872776 207North2,963551 209Independence7,425750 301Pleasure Island1,217 TOTAL 92,89311,181 UNCW 701Blue 712Teal 702Green 703Red 704Yelow 705Loop221 706Point to Point 707Red Express 709Loop Express413 710CMS164 UNCW Total 798 Para-Transit Services ADA Passengers 1,292 Non-ADA Passengers 3,308 Para-Transit Total 4,600 TOTAL PASSENGERS 98,291 MONTHLYFiscal Year to Date FIXED ROUTE This Month % Change Ridership Statistics Current% ChangeCurrentPrior Last Year Total Bus/Trolley Passenger Trips 92,893 87,5936.05% 1,116,346 1,218,721-8.40% Total UNCW Passenger Trips 798 987-19.15% 338,878 303,44711.68% Total Fixed Route Passenger Trips 93,691 88,580 5.77% 1,455,224 1,522,168-4.40% Average Weekday Passenger Trips 3,796 3,6823.10% Average Saturday Passenger Trips 2,161 2,0893.46% Average Sunday Passenger Trips 1,066 89019.75% Operating Statistics - Fixed Route Total Revenue Miles 92,495 88,4064.63% 1,216,217 1,143,8306.33% Total Revenue Hours 6,240 6,1092.14% 86,635 80,4647.67% Accidents Non Preventable 20200.00% 23 11 109.09% Accidents Preventable0 1-100.00% 11 14 -21.43% Passenger Trips/Revenue Mile 1.01 1.001.09%1.201.33-10.09% Passenger Trips/Revenue Hour 15.02 14.503.56%16.8018.92-11.21% Operator Overtime 0.92%2.13%-56.73% Farebox Revenue $ 97,233$ 87,09911.63%$991,896$878,75612.87% Average Fare per Bus Passenger$ 1.05$ 0.995.27%$0.89$0.7223.23% PARATRANSITMONTHLYFiscal Year to Date This Month % Change Ridership Statistics Current% ChangeCurrentPrior Last Year Total ADA Passenger Trips1,2921,14213.13%15,76914,03712.34% Total Non ADA Passenger Trips3,3083,602-8.16%38,80645,549-14.80% Total Paratransit Passenger Trips4,6004,744-3.04%54,57559,586-8.41% Average Weekday Passenger Trips222227-2.20% Average Saturday Passenger Trips3435-2.86% Average Sunday Passenger Trips550.00% Operating Statistics - Paratransit Total Revenue Miles33,76638,800-12.97%393,719362,1158.73% Total Revenue Hours1,8102,004-9.68%19,23420,336-5.42% Accidents Non Preventable000.00%63100.00% Accidents Preventable10100.00%94125.00% Passenger Trips/Revenue Mile0.140.1211.42%0.140.16-15.76% Passenger Trips/Revenue Hour2.542.377.36%2.842.93-3.16% Operator Overtime 5.40%4.01%34.66% WavePool Passengers219348-37.07%2,648N/AN/A Revenue Miles4,7304,26710.85%56,647N/AN/A Revenue Hours8082-2.44%911N/AN/A Special Services Greyhound Ticket Revenue$1,787$8,385-78.69%$31,961$48,101N/A Amtrak Passengers On and Off27416170.19%1,903628N/A Cape Fear Public Transportation Authority Operations Center Project Update July 2014 Construction Roof decking on both the administrative office is nearing completion. Roof decking on the maintenance building is complete. The main facility (excluding the bus wash building are expected in the next three weeks which should render the building dried in. The dried in sill allow for installation of drywall and other interior items which are weathBrick and block on the maintenance building and bus wash are complete. Steel framing is complete. Steel panel installation is approxim complete. Rough-in plumbing, electrical and HVAC are complete. The fire suppression system is installed. Crushed concrete serving as the base for the bus parking area is95% complete and concrete is being poured in sections which will continue throughout August. The gasoline and diesel fueling station have been permitted by New Hanover County and installation has begun. The project is on the established schedule for completion in Nove Compressed Natural Gas (CNG) Fueling Station Design of the CNG fueling station is ongoing. Design documents were scheduled to be submitted to NHC for permitting in July but are being delayed by the equipment manufa steel gas lines to the fast fill dispenser have been installed. documents submitted for permitting, the project remains on sched Change Orders Materials testing costs continue to elude estimation. Slower thtors has led to additional site visits by the materials testing contracting f firm, general contractor, construction manager and project manag be required to properly test materials in accordance with industry standards. increase the total materials testing budget to $54,133.00. Approval of the change order is critical to ensuring materials testing continue unabated. Purchase Orders As the facility begins the final construction and upfitting stags, there are several items the Authority is directly responsible for. The following items will be purchased by the A procurement policy: Audio visual system to include: projectors; television monitors installation to Sound Decisions of Wilmington in an amount not t Card reader system to include: purchase and installation of Keyder access system to Wooten Electric of Supply in an amount not to exceed $61,541.29 Fuel management system to include: equipment; installation and Focus in an amount not to exceed $60,230.27 All items are included in the project budget. Approval of the purchase orders is recommended and necessary to allow adequate lead time for suppliers. Budget For the month of July, project revenues exceed projected expenses by .79% or $107,091. This amount includes all change orders and purchase orders detailed above. Funding from FTA in the amount of $251,000 has been submitted by the Authority and is scheduled to be sent to the USAugust. Final approval is expected in August. Cape Fear Public Transportation Authority PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order To: Sound Decisions 4605 Oleander Dr Wilmington, NC 28403 910-392-1066 Date:7/18/2014PO #15-0085 Ship To:Bill To: Cape Fear Public Transportation AuthorityCape Fear Public Transportation Authority 1110 Castle StreetPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Audio Visual Equipment for Operations Building Description QtyUnit costExt cost Provide Audio Visual Equipment for Operations 1Building$ 50,198.00$50,198.00 Total cost$50,198.00 Division GL NumberAmountGrant Code $FP $FP $FP $FP $FP $FP $ Accrued Sales Tax 21400 $ Sales Tax 12600 AuthorizedEntered This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Jean M. Smith Director of Operations Cape Fear Public Transportation PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order To: Wooten's Electric, Inc. 305 Stone Chimney Rd SW Supply, NC 28462 910-754-6832 Date:7/11/2014PO #15-0046 Ship To:Bill To: Cape Fear Public TransportationCape Fear Public Transportation 1110 Castle StPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Keyscan Card Reader System QtyDescriptionUnit costExt cost Provide Keyscan Card Reader System per 1Quotation #5214$61,541.29$61,541.29 Total cost$61,541.29 Division GL NumberAmountGrant Code% $FP $FP $FP $FP $FP $FP $ Accrued Sales Tax 21400 $ Sales Tax 12600 AuthorizedEntered This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Jean M. Smith Director of Operations Cape Fear Public Transportation PO Box 12630 Wilmington, NC 28405 910-343-0106 Fax: 910-343-8317 Purchase Order To: AssetWorks, Inc. 998 Old Eagle School Rd Suite 1215 Wayne, PA 19087 610-228-0120 Date:7/11/2014PO #15-0045 Ship To:Bill To: Cape Fear Public TransportationCape Fear Public Transportation 1110 Castle StPO Box 12630 Wilmington, NC 28401Wilmington, NC 28405 910-343-0106 For:Fuel Focus Fueling System QtyDescriptionUnit costExt cost Provide Fuel Focus Fueling System 1$60,230.27$60,230.27 Total cost$60,230.27 Division GL NumberAmountGrant Code% $FP $FP $FP $FP $FP $FP $ Accrued Sales Tax 21400 $ Sales Tax 12600 AuthorizedEntered This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act Jean M. Smith Director of Operations