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HomeMy WebLinkAboutWAVE 4-28-16 Cape Fear Public Transportation Authority A regularly scheduled meeting of the Cape Fear Public Transportation Authority will be held Thursday, April 28, 2016 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)Public Comment Period 10 minutes 5)Consent agenda 05 minutes 1.Approval of minutes from the March 24, 2016 meeting (p. 3) 2.Revised Advertising Policy (p. 9) 3.Bus Advertising Agreement (p. 13) 4.Memorandum of Agreement with Wilmington Urban Area MPO (p. 27) 6)Committee Reports 30 minutes Executive Committee, Mr. Jeff Petroff, Chairman Planning & Operations Committee, Mr. Andrew Koeppel, Chairman March 2016 operating & statistical reports (p. 41) Finance & Budget Committee, Mr. William Bryden, Chairman March 2016 financial report (p. 44) Facilities Committee, Mr. Steve Kelly, Chairman Elderly & Disabled Transportation Committee, Mr. Rick Richards, Chairman Ad Hoc Management RFP Committee, Mr. Rick Richards, Chairman Addendum to Management Agreement with First Transit (p. 45) Making Waves Foundation, Mr. Bill Bryden, Chairman Foundation board member nomination 7)Staff report 15 minutes FTA §5339(c) Grant Application 8)Contractor report 10 minutes 9)New business 05 minutes 10)Old business 05 minutes 11)Adjournment REMINDER - The next regular meeting of Cape Fear Public Transportation Authority is scheduled for Thursday, May 26, 2016 in the Forden Station Board Room located at 505 Cando Street, Wilmington, NC 28405. CFPTA Agenda Packet 04/28/20161 CONSENT AGENDA The following items are attached for consideration. A brief explanation and recommendation follows: 1)Approval of amended minutes from the March 24, 2016 meeting (p. 3) 2) Revised Advertising policy (p. On December 19, 2013 the Authority’s current Advertising Policy was adopted by the board. This policy provides a brief overview of the forms of advertisements applicable under the Authority’s advertising program; it includes the type of advertisements that will not be accepted under the program and references the North Carolina General Statues for elaboration on the definitions of the terms indicated in the policy. The policy concludes with a statement that indicates the Authority, or its designee, shall approve all advertisements prior to installation. In an effort to keep the policy current, it was revised per the guidance of the Authority’s legal counsel. The revised policy provides further elaboration on permitted advertising and excluded advertising while outlining the roles for administration and enforcement of the policy on behalf of the advertising contractor and the Authority. An appeals process is also clearly defined in the revised policy. A clearly defined Advertising Policy helps to protect the Authority against any potential lawsuits potential lawsuits that may result in the event an advertisement is not approved or accepted by the Authority. Approval of the revised policy is recommended. 3) Bus Advertising Agreement (p. In late 2013, the Authority entered into an agreement with Streetlevel Media for management of our advertising program. The terms of the contract indicate that the agreement can be extended, upon mutual consent, for a total of two (2), two-year terms. Streetlevel Media’s performance has exceeded the expectations of the Authority. Per the direction of the Planning and Development Committee, the Authority is requesting to extend the current advertising contract with this contractor for another two-year term as we are pleased with the success of the advertising program under the leadership of Streetlevel Media. We are currently operating on a month to month agreement pursuant to the terms of the previous contract. The agreement would end two years after the date in of execution. Adoption of the resolution will also authorize the Chairman to sign contracts related to the grant on behalf of the Authority. Adoption of the resolution is recommended. 4) Resolution Supporting Memorandum of Agreement with Wilmington Urban Area MPO (p. The Authority is one of several local governments which comprise the WMPO. The WMPO serves as the lead transportation planning organization for the region and is statutorily empowered to program federal and state appropriations for the region. Included in this authorization is the responsibility for the WMPO to program FTA and NCDOT public transportation appropriations ensuring compliance with state and federal laws. The MOU is similar to the current agreement between member jurisdictions with updates to ensure federal compliance with the recently legislated FAST Act. Approval of the Resolution supporting the MOU is recommended. Cape Fear Public Transportation Authority MINUTES OF THE CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY March 24, 2016 Mr. Jeff Petroff, Chairman, Presiding MEMBERS PRESENT Mr.Jeff Petroff, Chairman Mr.Kevin O’Grady, Vice-Chairman Mr.Don Betz, Secretary Mr.Bill Bryden Mr.Fred Gainey Mr.Steven Kelly Mr.Andy Koeppel Mr.Rick Richards Ms.Anne K. Ryan Mr. Beck Smith MEMBERS ABSENT Mr. Jonathan Barfield STAFF PRESENT Mr.AlbertEby, Executive Director Ms.Megan Matheny, Director of Planning& Development Mr.Joe Mininni, Director of Finance & Administration Mr. Michael Williams, Director of Operations Ms.Kathy Williams, Board & Customer Service Clerk Ms. Vanessa Lacer, Mobility Manager Mr.Cliff Rode, Paratransit Manager CONTRACT MANAGEMENT STAFF PRESENT Ms. NoelFox,Craige and Fox PLLC,Attorney Mr.Curtis Garner, Contractor General Manager, First Transit Mr.Bill Harned, Area Vice President, First Transit Ms.Heather Mercer, Contractor Assistant General Manager, First Transit GUESTS PRESENT Ms.Sylvia Colbert, Citizen Ms. Sabrina Dionne, disAbility Resource Center Mr.Terrance Dewberry, ATU President Raleigh Mr.Chris Dodson, NHC Senior Resource Center Mr.Willie J. Holliday, Citizen Ms.Sherita McCullers, ATU Raleigh Ms.Jackie McCullough, First Transit Operator Ms.Suraiya Motsinger, WMPO Ms.Yzone Riley, First Transit Operator Mr.Harold W. Trammel Sr., Citizen Mr.BishopEdward Williams, Citizen CFPTA Agenda Packet 04/28/20163 CALL TO ORDER Mr. Petroffcalled the meeting to order at 12:04 pm The meeting began with a moment of silence followed by reciting the Pledge of Allegiance PUBLIC COMMENT Mr. Petroff opened the public comment period Mr. Petroff indicated the public comment period is a time for the public to bring comments to the board The comment period is not intended to serve as a dialogue between speakers and the Authority BishopWilliams statedhe is one of the leaders of theGCOCorganizationandwas representing the “at risk” population that residesin the Creekwood neighborhood He asked the board to reconsider restoringbus service intothe Creekwood residential areato provide transportation for the “at risk” residents that are seeking employment and education BishopWilliams said residents must walk toPrincess Place Drive in order to catch the bus Mr. Petroff recognized Mr. Eby to comment on BishopWilliams’srequest Mr. Eby said the request has been brought up previously and will be a consideration during the short range planning study He stated scheduled changes to the street networkin thearea are pending; therefore, it is not feasible to analyze that area for reroutingat this time Mr. Eby stated once the infrastructureupgrades in Creekwood are complete, restoration of service to the neighborhood would be considered Mr. Eby stated the route was revised in 2013 due to schedule adherence issues Mr. O’Grady asked for confirmation as towhether or not paratransit service was availableto provide transportation from the Creekwood neighborhood to the bus stop Mr. Eby stated that DART service isavailable to those who are eligible Mr. Williams stated that he was speaking on behalf of the younger men and women who are not disabled or have health issues Mr. O’Grady stated the City is planning to provide increased access to that community Mr. Petroff thanked Mr. Williams for his comments Hearing no further comments, Mr. Petroff closed the public comment period CONSENT AGENDA Mr. Petroff presented the March2016 consent agenda for approval He stated that legal counsel requested Item 2 be pulled for clarification Mr. O’Gradymade a motion to accept items 1 and 3 of theMarch2016consent agenda Mr. Gainey secondedthe motion and the motion carried Mr. Petroff recognized Ms. Foxto proceed with the legal clarificationof item 2 She said there are a few items missing in the draftDeed of Easement Ms. Fox suggestedthe Authorityauthorizethe salebut statedthe document is subject to additional legalreviewwhich will ensure the Authority’s interests are protected Mr. Koeppelmade a motion to acceptthe modification of item 2 of the March 2016 consent agendaas proposed by counsel Ms. Ryanseconded the motion and the motion carried EXECUTIVE COMMITTEE Mr. Petroff stated the committee didnotmeet PLANNING AND OPERATIONS COMMITTEE Mr. Petroffrecognized Mr. Koeppelto give the committee report CFPTA Agenda Packet 04/28/20164 Mr. Koeppel stated there was an increase in February 2016 ridership as compared to February 2015 He said theincrease in ridership has trended positively over the past few months Mr. Koeppel said the committeeis hopeful that theannual revenue from advertising could accumulate toaround $70,000 by the end of the fiscal year He said that for FY2017, the budget projections should reflect a range of $70,000 to $80,000 He said that Street Level Media’s advertising contract is up for renewal and willbe brought to the boardat the April meeting Mr. Koeppel said the first shelter install, located at Covil Ave. and Market St., under Phase I of the amenities project is projected to begin in April2016 Mr.Koeppel said that in April the committeewill begin discussingthe Short Range Transportation Planand an RFP is projected to be released later in the year He said that the Short Range Transit Planis requiredby the State and Federal Government and periodic updates are programmed by the Authority every five years Mr. Koeppel said that the bus shelter numbering system should be completed by the end of April Mr. O’Grady inquired as to whether or not the shelter located at Castle St. and Front St. at Solomon Towers will be moved with the installation of thenew crosswalk Mr. Eby stated that the project is managed by the WMPO and recognized Ms. Motsinger for comment Ms. Motsingerstated the cross walk will help improve speeding issues experienced at that location and the shelter will not be removed, just replaced Ms. Matheny said that the bus stop will be moved a few feet north toward the new crosswalk Mr. Petroff asked why wasthere adrop in the numbers in the Wave Vanpool program Ms.Matheny said that Jacksonville vanpool had to be dissolved due to passengerscheduling issues She said she is currently engaging potential business that may be interested in establishing a vanpool for their employees FINANCE & BUDGET COMMITTEE Mr. Petroffrecognized Mr. Brydento give the committee report Mr. Bryden stated that fixed route expenditures arewithin the adoptedbudget He said that fuel and lubricants are $200,000below the adopted budget but maintenance expenses have offset the savings Mr. Bryden said that maintenance department is compliant with the $35,000 monthly allotment Mr. Brydensaid that the old Castle Street locationsitecleanup was an expense thatwas not budgeted for and had an impact on the budget Mr. Bryden said that the Authority should hear from New Hanover County by the endof the month regarding the FY17 funding allocation He said depending on the funding that is provided, further consideration on route operations will need to be made FACILITIES COMMITTEE Mr. Petroffrecognized Mr. Kelly to give the committee report Mr. Kelly stated that thecommittee is working with the Brooklyn Arts Center to schedule apublic meeting regardingthe multimodaltransportation The committee was working toward an early April meeting with stakeholders Mr. Kelly saidthe Request for Qualifications (RFQ) for design services is 99% complete and should be ready for release in May 2016 Mr. Kelly said that the RFPforthe environmental (NEPA) document is about 75% complete and should be ready to go out in April2016 CFPTA Agenda Packet 04/28/20165 Mr. Kelly stated FTA funding for the multimodal project has been secured and requested tobe included in the MTIP and STIP Mr. Kelly stated the demolition of the U-Haul building located downtown will move forward upon conclusion of theAzalea Festival ELDERLY AND DISABLED TRANSPORTATION ADVISORY COMMITTEE Mr. Petroff recognized Mr. Richardsto give the committee report Mr. Richards stated the committee issoliciting members He said the WMPO will be providing the committeewith a member by the end of March and the committee iscurrently searching for a memberwho is a veteran Mr. Richardsindicated the current members are Ms. Jones from the Cape Fear Council of Governments (COG), Ms. Dionne from the DRC, Ms. Lacerand Ms. Matheny Mr. Gainey volunteered to join the committee AD HOC MANAGEMENT RFP COMMITTEE Mr. Petroff recognized Mr. Richardsto give the committee report Mr. Richards recognized Mr. Eby to give anoverview of the committee efforts Mr. Eby stated per the direction of the board atthe January2016meeting, the Authority has beenin discussion with First Transit about an extension of the current management agreement He said the contract is eligible for two (2), two year extensions, fora total of four years He stated the guidance from the board was to ensure that the contractoris held to a high level of accountability and procedures are included in the proposed addendum to prevent significant maintenance failures He said the management fee under a new agreement is recommended tobe reduced from $383,000 to $350,000 annually He said the agreement would include up to $25,000 worth of annual incentivesforFirst Transit Mr. Eby stated service hours and service standards are partof the incentives and liquidated damages will be incurred if they fail to meet compliance with the guidelines of the addendum Mr. Eby stated in addition to reducing the management fee, First Transit would continue to provide workercompensation coverage at the current rate for both years of the extension Mr. Eby stated that the Authority would rescindthe current breach of contract letter that was issued inMay2015 Mr. Eby said that Transit Management of Wilmington would also deliver to the Authority an employee policy manual within 90 days of the new collectivebargaining agreement Mr. Eby said that First Transit would pay for the chemicals to addressthe oil stainsin the yardat the Operations Center He said First Transit will also pay forthe four(4)bus line assembly inspections for new busesas well asall future new bus inspections Mr. Eby stated First Transit will have a corporate representative attend six board meetings throughout the year which will includea minimum of two visits from the Vice President and one visit from the Senior Vice President He said the request for attendance on behalf of corporate management is to ensure proper oversight of local management of the operation Mr. Eby statedthis is the recommendation from the Ad Hoc Committee Mr. Eby thanked the Ad Hoc RFP Committee for their assistance in drafting the addendum Mr. Betz suggested adding language stating that a senior manager is required to step in immediately in the event there is a vacancy of the local general manager Mr. Eby said the committee requests to move forward to have counseldraft an addendumto the contract to be presented to the board at the April meeting He stated that First Transit was agreeable to the draft addendum in principle CFPTA Agenda Packet 04/28/20166 The board consented to drafting the addendum as presented for consideration at the April meeting STAFF REPORT Mr. Petroffrecognized Mr. Eby to give the committee report Mr. Eby gave a presentation on legislative initiatives Mr. Eby stated he and members from the NCPTA were in Washington to meet with the NC Congressional delegation and both senators offices Mr. Eby stated the FAST Act provides funding opportunitiesfor replacement busesbut the funding is limited and expected to be extremely competitive Mr. Eby stated each Congressional officeindicated they were willing toprovide a letter of support Mr. Eby said staff wouldcontinue to seek additionalopportunities for bus replacement Mr. Eby recognized Ms. Matheny and Ms. Lacer to providean update on the data collected on veterans transportation Ms. Matheny recognizedMs. Lacer on her outreach efforts to local organizations in general, but more specifically her efforts toward veterans organizations within the community Ms. Lacer reported on three different data points for New Hanover County: total number of veterans; veterans with a disability; and veterans that are transportation dependent She said that through her data collection process, she reached out to the New Hanover County Veterans Services through DSS She also reached out to the Director of Financial Aid at CFCC as well as several other administrators at CFCC Ms. Lacer stated information was also received from the Disabled Veterans Outreach Coordinatorat the Cape Fear Council Workforce of Development Consortium, regarding transit dependent veterans in New Hanover County Mr. Betz suggested Ms. Lacer reach out to the Director in Winston Salem for assistance as well as other local organizations thatprovide assistance to disabled veterans Ms. Matheny presented the weekly average fixed route bus and paratransit passengers boarding and alighting at the VA Clinic from February 28, 2016thru March 12, 2016 Ms. Matheny stated it is difficult to determine what percentage, if any, of the fixed route riders getting on and off at the VA Clinic are disabled Mr. Petroff asked if there staff plans to include Brunswick Countyfigures in their data collection Ms. Matheny said their focus has been on New HanoverCounty; however, they will reachout to Brunswick County moving forward CONTRACTORREPORT Mr. Petroff recognized Mr. Harnedand Mr. Garnerto providethe contractor report Mr. Garner said per the agreement with the union, the maintenance department has assumed maintenance of all trash receptacles He stated TMW isseeking to employ another service employee Mr. Garner stated the addition of the new CNG buses has resulted in a reduction in road calls from 91 to 41 per 100,000 miles traveled Mr. Garner said over the summer staffwill be getting the UNCW shuttles up to standard Ms. Williams, Safety Trainer for First Transit, willbe on location in April to provideOSHA training Mr. Garner said the AC recycling and recovery machine has arrived and training is underway Mr. Harned thanked the board and also stated that First Transit istotally committedto Wave Transit Mr. Harned stated that Mr. Dunning will be in attendance at the April meeting NEW BUSINESS CFPTA Agenda Packet 04/28/20167 Ms. Ryan provided a compliment on how impressive the new buses look when arriving downtown She said the buses are cleaner and look better Ms. Foxstated that she and her friends took a bus ride downtown She said the experience was great and they are looking forward to riding again Old BUSINESS Ms. Ryan asked if the new buses that had been sent for repair were still under warranty Mr. Eby confirmed they were and the manufacturer madeall repairs at no cost to the Authority ADJOURN Mr. Betzmade a motion to adjourn the March2016board meeting Mr. Gaineyseconded the motion and the motion carried SCHEDULING OF NEXT MEETING The board meetingis scheduled for April 28, 2016 at 12:00 pm in the Forden Station Conference Room Respectfully Submitted, Albert Eby Executive Director /kw/mm CFPTA Agenda Packet 04/28/20168 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY ADVERTISING POLICY The Cape Fear Public Transportation Authority ( advertising in and upon the property and rolling stock of the Authority, currently consisting of: (1) advertising on the interior or exterior of the Authority or non- revenue vehicles; (2) advertising displayed on bus stations or shelters in the Authority service area; (3) advertising displayed at any facility owned or operated by the Authority; (4) advertising on all Authority printed media, including maps, tickets, or passes, or guides; and (5) advertising on any Internet site controlled or published by the Authority ( collectively 1-5 . This Advertising Policy (Policy) shall apply to the sale of all forms of current and future advertising on all transit facilities owned and/or managed by the Authority. I. PURPOSE The Authority will make space on or within its transit facilities available for limited types of The Authority intends that its facilities constitute nonpublic forums. By allowing limited types of advertising on or within the transit facilities, the Authority does not intend to create a public forum for public discourse or expressive activity or to provide a forum for all types of advertisements. All advertising shall be subject to this uniform, viewpoint-neutral Policy. The Authority will not permit the types of advertising defined below as Excluded Advertising. By prohibiting Excluded Advertising, the Authority seeks to: (1) maintain a professional advertising environment that maximizes advertising revenues and minimizes interferences with or disruption of its transit system; (2) maintain an image of neutrality on political, religious or other issues that are not the subject of Commercial Advertising and are the subject of public debate and concern; and (3) continue to build and retain transit ridership. II. PERMITTED ADVERTISING The display of Permitted Advertising on or within the Authority's Transit Facilities is intended only to supplement fare revenue, and other income that fund the operations and to promote the Authority The Authority desires that its passengers not be subject to advertisements containing material relating to political, religious, or issue advocacy about which public opinion can be widely divergent and which some passengers may, therefore, find offensive. If passengers are so offended, it CFPTA Agenda Packet 04/28/20169 could affect the ridership and revenue of the Authority adversely. In order to realize the maximum benefit from the sale of space, the advertising programs must be managed in a manner that will procure as much revenue as practicable, while ensuring that the advertising is of a type that: (1) does not discourage the use of the transit system; (2) does not diminish the Authoritymunities it serves or the good will of its customers; and, (3) is consistent with the principal purposes of providing safe and efficient public transportation. To attain these objectives, the Authority Directors has established the following regulations governing advertising. Permitted Advertising cannot contain displays or messages that qualify as Excluded Advertising, as defined below. Permitted Advertising includes advertising in the following categories: 1.Commercial Advertising. Commercial Advertising is advertising the sole purpose of which is to promote a business or sell products, goods or services. It does not include advertising that both promotes a business or offers to sell products, goods or services and also conveys a political or religious message, or issue advocacy, and/or expresses or advocates opinions or positions related to any of the foregoing. 2. Operations Advertising. Operations Advertising is advertising that promotes the Authority or its services. III. EXCLUDED ADVERTISING Advertising cannot be displayed or maintained on Transit Facilities if information contained in the advertisement falls within one or more of the following categories of Excluded Advertising: 1.False, misleading, deceptive or relates to an illegal activity 2.Advocacy of violence or crime 3.Infringement of copyright, service mark, title or slogan 4.Defamatory or likely to hold up to scorn or ridicule a person or group of persons 5.Unauthorized Endorsement 6.Obscene (i.e., patently offensive sexual material lacking literary, social, artistic and/or political value, that appeals to the prurient interest of a person of average sensibilities) or pornographic CFPTA Agenda Packet 04/28/201610 7.Promotes alcohol, tobacco, or vapor products (as defined in N.C.G.S. § 14-313) 8.Religious 9.Political For purposes of this Policy, the following definitions apply: Unauthorized Endorsement advertisements are defined as advertising that implies or declares that the Authority endorses a product, service, point-of-view, event or program. The prohibition against endorsements does not apply to advertising for a service, event or program for which the Authority is an official sponsor, co-sponsor or participant. Religious advertisements are defined as advertisements that contain any direct or indirect reference to religion, or to any religion, or to any deity or deities, or which includes the existence, nonexistence or other characteristics of any deity or deities, or to any religious creed, denomination, belief, tenet, cause or issue relating to (including opposing or questioning) any religion. This prohibition shall include the depiction of text, symbols, or images commonly associated with any religion or with any deity or deities, or any religious creed, denomination, belief, tenet, cause or issue relating to (including opposing or questioning) any religion. Political advertisements are defined as advertisements that contain political speech referring to a particular ballot question, initiative, petition, referendum, law, candidate, political party or social issue or expresses or advocates opinions or positions upon any of the foregoing. This prohibition includes any advertisement referring to or depicting a candidate for public office in any context. IV. ADMINISTRATION AND ENFORCEMENT OF POLICY A. Review by Contractor The Authority shall incorporate this Policy into its advertising management contracts. The AuthorityTransit Facilities only advertisements that comply with the standards set forth in this Policy. If the Contractor is in doubt whether an advertisement complies with the standards set forth in this Policy, then the Contractor shall notify the Director of Planning and Development of the specific standard or standards of this Policy with which the Contractor believes the advertisement may not comply. CFPTA Agenda Packet 04/28/201611 B. Review by Director of Planning and Development If the Contractor believes that an advertisement may not fit the definition of Permitted Advertising, the Contractor shall send the advertisement and supporting information (the name of the advertiser, the size and number of the proposed advertisements, the dates and locations of proposed display, and notation of standards of concern) to the Marketing and Communications Director, or designee, for review. The Director of Planning and Development shall review the advertisement and supporting information to determine whether or not the advertisement complies with this Policy. If the Director of Planning and Development determines that the advertisement does not comply with this Policy, he or she shall, in writing, specify the standard or standards with which the advertisement does not comply, and shall so notify the Contractor. C. Notification to Advertiser The Contractor will send prompt, written notification to the advertiser of the rejection of the advertisement and will include in that notification a copy of this Policy and written specification of which standard or standards with which the advertisement fails to comply. D. Appeal to the Executive Director Rejection of an advertisement may be appealed to the Executive Director by written notification to the Director of Planning and Development. The Executive Director will allow the advertiser and the Director of Planning and Development to present any argument or evidence they wish to offer. The decision shall be final. ADOPTED AT A REGULAR MEETING ____________________________, 20____ _______________________ Jeff Petroff Chairman ________________________ Don Betz Secretary CFPTA Agenda Packet 04/28/201612 STATE OF NORTH CAROLINA AUTHORITY CONTRACT 16-01 COUNTY OF NEW HANOVER AGREEMENT BETWEEN CAPE FEAR PUBLIC TRANSIT AUTHORITY and STREETLEVEL MEDIA, LLC FOR BUS ADVERTISING THIS AGREEMENT is made this ___ day of______________, 2016, by and between the Cape Fear Public Transportation Authority (hereafter referred to as “AUTHORITY”) and STREETLEVEL MEDIA, LLC (hereafter referred to as “STREETLEVEL MEDIA”). WHEREAS, AUTHORITY desires to employ STREETLEVEL MEDIA to sell advertising on its vehicles and other media; and WHEREAS, STREETLEVEL MEDIA submitted a proposal in response to the Transit Program Management RFP to the AUTHORITY outlining possible ad placement and revenue projections for advertising on vehicles and other media; NOW, THEREFORE, in consideration of the foregoing and their mutual covenants hereinafter set forth, AUTHORITY and STREETLEVEL MEDIA agree as follows: SECTION 1 BASIC SERVICES 1.1Scope of Services. 1.1.1STREETLEVEL MEDIA is hereby authorized to sell advertising on AUTHORITY vehicles and media. 1.1.2STREETLEVEL MEDIA will seek maximum revenue by utilizing long term agreements, discounts for multiple vehicle advertising and other generally accepted advertising industry practices for vehicle advertising. 1.1.3Proofs for all advertising must be authorized by the AUTHORITY prior to placement of any advertising. 1.1.4All advertising must comply with the AUTHORITY’s adopted Advertising Policy attached hereto as Appendix A. 1.2 Professional Responsibility and Standard of Care. 1.2.1 By execution of this Agreement, STREETLEVEL MEDIA warrants that (a) it is an experienced marketing company having the ability and skill necessary to perform all the Services required of it under this Agreement in connection with bus advertising (b) it has the capabilities and resources necessary to perform its obligations hereunder (c) it is familiar with all laws, rules and regulations which are applicable to bus advertising (such laws, rules and regulations including, but not limited to, all local ordinances, AUTHORITY policies and procedures, county, state and federal laws and regulations which may be applicable to the Project, and all orders and interpretations by governing public authorities of such ordinances), requirements, codes, laws, rules and regulations in effect at the time of commencement of services on the Project. CFPTA Agenda Packet 04/28/201613 1.2.2 STREETLEVEL MEDIA will meet with the AUTHORITY, its committees and or staff with a frequency that ensures compliance with the terms and conditions set forth herein. 1.3 Advertisement Guidelines. 1.3.1 Advertisements shall conform to recognized business standards and shall not conflict with federal, state or local laws and/or ordinances. 1.3.2 All advertising shall be displayed so as to insure they are neat in appearance. 1.3.3 All advertising which is torn, cracked, faded, stained or otherwise unsightly in appearance shall be promptly replaced or removed at the expense of STREETLEVEL MEDIA. 1.3.4 All dated advertising shall be removed no later than seven days following the final date of an advertised event or offer. 1.3.5 The AUTHORITY is not responsible for the deterioration of signs due to weather, routine bus washing, maintenance, and/or any accidents which may occur. 1.3.6 Under no circumstances will an original advertisement be allowed to be in place for a period longer than 12 months without written expressed consent of the AUTHORITY. 1.3.7 Ads are not allowed to be reused. 1.3.8 Damage to AUTHORITY vehicles from removed advertising is the responsibility of STREETLEVEL MEDIA. ARTICLE 2 REVENUES, COST OF ADVERTISING & PAYMENT TERMS 2.1 Advertisement Rates. 2.1.1 Rate charges for advertising are identified in the RFP proposal submitted by STREETLEVEL MEDIA. 2.1.2 Rate charges are to be reviewed by the AUTHORITY on an annual basis. 2.1.3 Rates are eligible for modification following review or at any time the AUTHORITY deems necessary. 2.1.4 STREETLEVEL Media will provide the AUTHORITY with a minimum guarantee of $24,250 in revenue for the first year of the contract and a minimum guarantee of $33,000 in revenue for year two of the contract. 2.2 STREETLEVEL MEDIA is responsible for all advertising production cost(s); installation; removal; vehicle damage resulting from advertising; travel to and from the AUTHORITY for advertising installation; marketing; promotion; internet and telephone costs and any other costs that may result from the selling; promotion and installation of advertising. 2.3 Clients will pay STREETLEVEL MEDIA directly for monthly space rental charges and 50% will be returned to WAVE Transit within five (5) business days of STREETLEVEL MEDIA receiving the payments. The remaining 50% is commission for selling, servicing and installing the signs. Payments will be remitted by STREETLEVEL MEDIA to the AUTHORITY no less than once monthly if there is receipt of payment from any advertising organization during a 30 day period. Should a client default on payments the signs will be removed. An audit of all rental monies received by STREETLEVEL MEDIA will be provided upon request. ARTICLE 3 TERMINATION 3.1 In the event that review of STREETLEVEL MEDIA’s performance shows non-conformance to the work required by this agreement, the Scope of Services or other terms or conditions contained herein as a CFPTA Agenda Packet 04/28/201614 result of STREETLEVEL MEDIA‘s acts or failure to act including negligent errors, omissions or acts, STREETLEVEL MEDIA shall be in breach of this agreement and the AUTHORITY may take corrective action as it deems necessary including, but not limited to termination. 3.2 The AUTHORITY shall also have the right to suspend this agreement upon written notice to STREETLEVEL MEDIA. Such written notice shall state the reasons for suspension and allow for a review period of ten (10) days during which STREETLEVEL MEDIA shall be provided with an opportunity to respond with an explanation or justification, and/or shall undertake any reasonable remedial action required by the AUTHORITY. If, in the opinion of the AUTHORITY, STREETLEVEL MEDIA remains in violation of this agreement at the completion of the ten (l0) day suspension period, the AUTHORITY shall have the right to terminate this agreement whereupon all obligations of the AUTHORITY to STREETLEVEL MEDIA shall cease. 3.3 This agreement may be terminated without cause by the AUTHORITY in whole, or from time to time in part, whenever the AUTHORITY shall determine that such termination is in the best interest of the AUTHORITY. Any such termination shall be effected by delivery to STREETLEVEL MEDIA of a notice of termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination shall become effective which date shall be not less than fifteen (15) days after the date of said notice. 3.4 Nothing contained herein shall prevent the AUTHORITY from pursuing any other remedy which it may have against STREETLEVEL MEDIA including claims for damages. 3.5 Should the AUTHORITY terminate this agreement as provided for under this Article, STREETLEVEL MEDIA shall have thirty (30) days to remove all advertising from AUTHORITY vehicles. AUTHORITY will reimburse STREETLEVEL MEDIA or its advertising clients any prepayments for advertising upon removal of advertising from AUTHORITY vehicles. Prepayment will include only prepayment amounts and will be calculated from the date advertising is removed from AUTHORITY vehicle(s). 3.6 AUTHORITY grants to STREETLEVEL MEDIA during the term of this agreement and thereafter a non- exclusive license to use AUTHORITY’s name and logo in STREETLEVEL MEDIA’s marketing materials such as press releases, case study briefs/project summaries, STREETLEVEL MEDIA website or brochures. License shall remain in effect unless and until AUTHORITY shall terminate and revoke the same by giving STREETLEVEL MEDIA sixty (60) days advance written notice thereof whereupon at the end of said sixty (60) days the license shall be deemed terminated. This license shall be perpetual and irrevocable for such use on all materials distributed and or printed but not yet distributed prior to termination and revocation of said license. ARTICLE 4 PERIOD OF SERVICE 4.1 This Agreement will become effective on the date specified in this Agreement or the date adopted by the AUTHORITY, whichever shall come last. 4.2 This Agreement will be in effect for a term of twenty-four (24) consecutive months from the date specified in 5.1. 4.3 This Agreement can be renewed a maximum of two (2) times for a period not to exceed twenty-four (24) consecutive months from the date of the original period or renewal. CFPTA Agenda Packet 04/28/201615 ARTICLE 5 AUTHORITY’S RESPONSIBILITIES 5.1 The AUTHORITY will ensure that vehicles with advertising remain in service the maximum amount of time feasible. This agreement in no way implies or insures that vehicles with advertising will be in service for a prescribed amount of time 5.2 The AUTHORITY will allow STREETLEVEL MEDIA reasonable access to the vehicles for installation of advertising. Access will be at a time of day so that installation or de-installation of the vinyl panels can take place. If possible, access to a garage area where light, wind, and temperature conditions can be controlled will be made available. 5.3 The AUTHORITY will maintain the exterior of vehicles with advertising with the same degree of care given to the entire fleet. Advertisements will be kept free from dirt that may distort the advertising in accordance with the normal procedure for exterior vehicle cleanliness. 5.4 The AUTHORITY will not be responsible for damage to any advertisement that results from road hazards, or abnormalities. 5.5 Damage to vehicle advertising from accidents will be borne by the party which has been determined liable for the damage. If liability for damage to advertising cannot be determined, the AUTHORITY will bear no responsibility for repair or replacement of the advertisement. 5.6 The AUTHORITY will provide STREETLEVEL MEDIA a list of vehicles eligible for advertising with the following information: vehicle number; regular route; year of manufacture and any other requested information that the AUTHORITY typically has available. 5.7 The AUTHORITY agrees to publish the availability of advertising on its website: www.wavetransit.com with advertising rates and contact information for STREETLEVEL MEDIA. 5.8 The AUTHORITY agrees to refer all inquiries for vehicle advertising to STREETLEVEL MEDIA. The AUTHORITY agrees to provide any useful data that helps the rental effort (e.g. miles traveled, average passenger count and average number of daily stops, any special routes traveled, etc…). 5.9 The AUTHORITY will provide an updated list of vehicles which are due to be taken out of service or are out of service for longer than two days due to repairs or accident damage. ARTICLE 6 NOTICES 6.1 Any notice required by this Agreement or other communications to either party by the other shall be in writing and deemed given when delivered personally or when deposited in the United States Post Office, first class, postage prepaid, addressed as follows, or to such other address as shall be duly given by notice meeting the requirement of this Article. To AUTHORITY: Cape Fear Public Transportation Authority P. O. Box 12630 Wilmington, N. C. 28405-0130 Attn: Megan Matheny Telephone: 910-202-2057 Fax: 910-343-8317 mmatheny@wavetransit.com CFPTA Agenda Packet 04/28/201616 To STREETLEVEL MEDIA: Streetlevel Media, LLC 219 Williams Street Fayetteville, NC 28301 Attn: Weyher Dawson, Jr. Telephone: 910-323-9306 wdawson@streetlevelmedia.com ARTICLE 7 INSURANCE 7.1 The amount of insurance to be provided for all coverage listed under this section shall be not less than $1,000,000.00, unless otherwise specified, per occurrence for claims arising from bodily injury and/or property damage, including accidental death which may arise directly or indirectly from STREETLEVEL MEDIA’s performance of professional services under this contract. STREETLEVEL MEDIA shall be responsible for any liability directly or indirectly arising out of professional services performed under this contract by a subcontractor which liability is not covered by the subcontractor's insurance. 7.2 STREETLEVEL MEDIA shall maintain during the life of this contract WORKERS' COMPENSATION and shall provide EMPLOYER'S LIABILITY INSURANCE covering all of STREETLEVEL MEDIA’s employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and Employers Liability Insurance providing limits at least in the amount of $500,000/500,000/500,000 applicable to claims due to bodily injury by accident or disease. Whenever work under this contract includes exposure to claims under the U. S. Longshoremen's and Harborworker's Act, such coverage shall be provided by appropriate endorsement to this policy. 7.3 STREETLEVEL MEDIA shall take out and maintain during the life of this contract COMMERCIAL GENERAL LIABILITY INSURANCE. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work to be performed involves these exposures. The AUTHORITY shall be named as an additional insured under this policy. Unless otherwise specified, this coverage shall be written providing liability limits at least in the amount of $1,000,000, Combined Single Limits, applicable to claims due to bodily injury and/or property damage arising from an occurrence. 7.4 STREETLEVEL MEDIA shall take out and maintain during the life of this agreement AUTOMOBILE LIABILITY INSURANCE. Such coverage shall be written on a comprehensive form covering owned, non-owned and leased vehicles. 7.5 STREETLEVEL MEDIA shall furnish the schedule of insurance carried under this contract in the form of a Certificate of Insurance attested by the insurance carrier or appointed agent, indicating the type, amount, class of operations covered, effective date and expiration date of all policies. This Certificate shall be in six (6) counterparts and when the contract is signed by STREETLEVEL MEDIA, a copy thereof shall be inserted in each copy of the contract documents and upon insertion shall become a part of such documents. The insurance carrier or its agent shall also certify on these documents that it will notify the AUTHORITY by registered mail at least twenty (20) days prior to any cancellation or non-renewal of these coverages. CFPTA Agenda Packet 04/28/201617 ARTICLE 8 INDEMNIFICATION 8.1 To the fullest extent permitted by law, STREETLEVEL MEDIA shall release, indemnify, keep and save harmless the AUTHORITY, its agents, officials and employees, from any and all responsibility or liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether agents, officials or employees of the AUTHORITY or third persons, and to all property proximately caused by STREETLEVEL MEDIA’s breach of contract or the negligent performance or nonperformance by STREETLEVEL MEDIA (or by any person acting for STREETLEVEL MEDIA or for whom STREETLEVEL MEDIA is responsible). STREETLEVEL MEDIA expressly understands and agrees that any performance bond or insurance protection required by this agreement, or otherwise provided by STREETLEVEL MEDIA, shall in no way limit STREETLEVEL MEDIA ‘s responsibility to release, indemnify, keep and save harmless and defend the AUTHORITY as herein provided. The intention of the parties is to apply and construe broadly in favor of the AUTHORITY the foregoing provisions subject to the limitations, if any, set forth in N.C.G.S. 22B-1. ARTICLE 9 GENERAL TERMS 9.1 Personnel. It is mutually agreed that STREETLEVEL MEDIA is an independent design professional and not an employee of the AUTHORITY, and as such STREETLEVEL MEDIA shall not be entitled to any AUTHORITY employment benefits, such as, but not limited to, vacation, sick leave, insurance, workmen's compensation, or pension and retirement benefits. 9.2 Conflict of Interest. No paid employee or member of the board of the AUTHORITY shall have a personal or financial interest, direct or indirect, as a contracting party or otherwise, in the performance of this agreement. 9.3 Non-Waiver of Rights. It is agreed that the AUTHORITY'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. 9.4 Assignment of Agreement. It is mutually agreed by the parties hereto that this agreement is not transferable by either party without the written consent of the other party to this agreement. 9.5 Entire Agreement. This agreement constitutes the entire understanding of the parties. 9.6 Binding Effect. This agreement shall be binding upon the heirs, successors, assigns, agents, officials, employees, and consultants of the parties. 9.7 Continuing Obligation. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of the agreement. CFPTA Agenda Packet 04/28/201618 9.8 Reference. Use of the masculine includes 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 of intent of the agreement. 9.9 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. 9.10 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. 9.11 Other Laws and Regulations. STREETLEVEL MEDIA will strive to comply with any and all applicable federal, state and local standards, regulations, laws, statutes and ordinances regarding toxic, hazardous and solid wastes and any other pollutants; public and private nuisances; health or safety; and zoning, subdivision or other land use controls. STREETLEVEL MEDIA will take all reasonably necessary proper or required safety, preventive and remedial measures in accordance with any and all relations and directives from the North Carolina Department of Environmental and Natural Resources, the United States Environmental Protection Agency, the North Carolina Division of Environmental Management, Health Departments, and any other federal, state or local agency having jurisdiction, to insure the prompt prevention or cessation (now or in the future) of violations of either the applicable provisions of such standards, regulations, laws, statutes, and ordinances or any permits or conditions issued thereunder. 9.12 Amendments. This agreement shall not be modified or otherwise amended except in writing signed by the parties. 9.13 Non-Discrimination. STREETLEVEL MEDIA will take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the program which is the subject of this agreement because of race, creed, color, sex, age, disability or national origin. To the extent applicable, STREETLEVEL MEDIA will comply with all provisions of Executive Order No. 11246 the Civil Rights Act of 1964, (P.L. 88-352) and 1968 (P.L. 90-284), and all applicable federal, state and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discrimination. Violation of this provision, after notice, shall be a material breach of this agreement and may result, at AUTHORITY'S option, in a termination or suspension of this agreement in whole or in part. 9.14 Successors and Assigns. The Authority and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without prior written consent of the Authority and any surety to this contract. CFPTA Agenda Packet 04/28/201619 9.15 Miscellaneous. This Contract shall be governed by the laws of the state of North Carolina. Venue for any action arising out of the performance of this Contract shall be with a state or federal court with jurisdiction in New Hanover County, North Carolina. All pronouns used herein shall refer to every gender. Headings or titles in this Contract are only for convenience and shall have no meaning or effect upon the interpretation of the provisions of this Contract. This Contract is the entire agreement between the parties and may not be amended or modified, except by writing, signed by each party. If any provision of this Contract is determined to be unenforceable, then the remaining provisions of this Contract shall be interpreted as in effect as if such unenforceable provision were not included therein. This contract may be signed in counterparts. 9.16 Incorporation by Reference. Authority’s Request for Proposals (RFP #14-01, release date August 9, 2013), including all related appendices, and Contractor’s bid response in its entirety dated September 20, 2013, are made a part hereof as if the same were fully set forth. If any discrepancies arise between this contract, Authority’s Request for Proposals and Contractor’s proposal, Contractor agrees to abide by first, any specific terms in this contract and, second, Authority’s Request for Proposals. This agreement may be governed by the North Carolina Public Procurement Act and the Authority Purchasing Policies and Procedures. All terms and conditions of the Act and the Policies and Procedures are hereby adopted and incorporated by reference herein. IN WITNESS WHEREOF, the Authority and Consultant have each executed this Agreement in duplicate originals, one of which shall be retained by each of the parties. This the ______day of ______________________, 2016. CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY ___________________________________ Jeff Petroff, Chairman ATTEST: ____________________________ Don Betz, Secretary (SEAL) APPROVED AS TO FORM ____________________________ Noel Fox, Authority Attorney CFPTA Agenda Packet 04/28/201620 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ____________________, a Notary Public do hereby certify that Don Betz personally came before me this day and acknowledged the he is the Secretary of the Cape Fear Public Transportation Authority and that, by authority duly given and as the act of the constituent institutions, the foregoing instrument was signed in its name by its Chairman. WITNESS my hand and official seal this the _______ day of ________________, 20___. ________________________________ Notary Public My commission expires: (SEAL) STREETLEVEL MEDIA, LLC, DBA, STREETLEVEL MEDIA _____________ ____________________ Weyher Dawson Jr. Owner/Operator STATE OF ______________________ COUNTY OF ____________________ I, _________________________________, a Notary Public in and for said state and county, do hereby certify that __________________ , personally came before me this day and acknowledged the due execution of the foregoing instrument on behalf of Streetlevel Media, for the purposes therein expressed. WITNESS my hand and official seal this the _______ day of ________________, 20___. ________________________________ Notary Public My commission expires: (SEAL) CFPTA Agenda Packet 04/28/201621 APPENDIX A AUTHORITY ADVERTISING POLICY CFPTA Agenda Packet 04/28/201622 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY ADVERTISING POLICY The Cape Fear Public Transportation Authority (“Authority”) is engaged in the sale of advertising in and upon the property and rolling stock of the Authority, currently consisting of: (1) advertising on the interior or exterior of the Authority’s busesor non-revenue vehicles; (2) advertising displayedon bus stations or shelters in the Authority’s service area; (3) advertising displayed at any facility owned or operated by the Authority; (4) advertising onall Authority printed media, including maps, tickets, or passes, or guides; and (5) advertising on any Internet site controlled or published by the Authority ( collectively 1-5 are “Transit Facilities”). This Advertising Policy (Policy) shall apply to the sale of all forms of current and future advertising on all transit facilities owned and/or managed by the Authority. I. PURPOSE The Authority will make space on or within its transit facilitiesavailable for limited types of advertising (“Permitted Advertising”). The Authority intends that its facilities constitute nonpublic forums. By allowing limited types of advertising on or within the transit facilities, the Authority does not intend to create a public forum for public discourse or expressive activity or to provide a forum for all types of advertisements. All advertising shall besubject to this uniform, viewpoint-neutral Policy. The Authority will not permit the types of advertising defined below as Excluded Advertising. By prohibiting Excluded Advertising, the Authority seeks to: (1) maintain a professional advertising environment that maximizes advertising revenues and minimizes interferences with or disruption of its transit system; (2) maintain an image of neutrality on political,religious or other issues that are not the subject of Commercial Advertising and are the subject of public debate and concern; and (3) continue to build and retain transit ridership. II. PERMITTED ADVERTISING The display of Permitted Advertising on or within the Authority's Transit Facilities is intended only to supplement fare revenue, and other income that fund the Authority’s operations and to promote the Authority’s transit operations. The Authority desires that its passengers not be subject to advertisements containing material relating to political, religious, or issue advocacy about whichpublic opinion can be widely divergent and which some passengers may, therefore, find offensive. If passengers are so offended, it could affect the ridership and revenue of the Authority adversely. In order to realize the maximum benefit from the sale of space, the advertising programs must be managed in a manner that will procure as much revenue as practicable, while ensuring that the advertising is of a type that: (1) does not discourage the use of the transit system; (2) does not diminish the Authority’s reputation in the communities it serves or the good will of its customers; and, (3) is consistent with the principalpurposes of providing safe and efficient public transportation. To attain these objectives, the Authority’s CFPTA Agenda Packet 04/28/201623 Board of Directors hasestablished the following regulations governing advertising. Permitted Advertising cannot contain displays or messages that qualify as Excluded Advertising, as defined below. Permitted Advertising includes advertising in the following categories: 1.Commercial Advertising. Commercial Advertising is advertising the sole purpose of which is to promote a business or sell products, goods or services. It does not include advertising that both promotes a business or offers to sell products, goods or services and also conveys a political or religious message, or issue advocacy, and/or expresses or advocates opinions or positions related to any of the foregoing. 2.Operations Advertising. Operations Advertising is advertising that promotes the Authority or its services. III. EXCLUDED ADVERTISING Advertising cannot be displayed or maintained on Transit Facilities if information contained in the advertisement falls within one or more of the following categories of Excluded Advertising: 1.False, misleading, deceptive or relates to an illegal activity 2.Advocacy of violence or crime 3.Infringement of copyright, service mark, title or slogan 4.Defamatory or likely to hold up to scorn or ridicule a person or group of persons 5.Unauthorized Endorsement 6.Obscene (i.e., patently offensive sexual material lacking literary, social, artistic and/or political value, that appeals to the prurient interest of a person of average sensibilities) or pornographic 7.Promotes alcohol, tobacco, or vapor products (as defined in N.C.G.S. § 14-313) 8.Religious 9.Political For purposes of this Policy, the following definitions apply: Unauthorized Endorsement advertisements are defined as advertising that implies or declares that the Authority endorses a product, service, point-of-view, eventor program. The prohibition CFPTA Agenda Packet 04/28/201624 against endorsements does not apply to advertising for a service,event or program for which the Authority is an official sponsor, co-sponsor or participant. Religious advertisements are defined as advertisements that contain any direct or indirect reference to religion, or to any religion, or to any deity ordeities, or which includes the existence, nonexistence or other characteristics of any deity or deities, or to any religious creed, denomination, belief, tenet, cause orissue relating to (including opposing or questioning) any religion. This prohibition shall include the depiction of text, symbols, or images commonly associated with any religion or with any deity or deities, or anyreligious creed, denomination, belief, tenet, cause or issue relating to (including opposing or questioning) any religion. Political advertisements are defined as advertisements that contain political speech referring to a particular ballot question, initiative, petition, referendum, law, candidate, political party or social issue or expresses or advocates opinions or positions upon any of the foregoing. This prohibition includes any advertisement referring to or depicting a candidate for public office in any context. IV. ADMINISTRATION AND ENFORCEMENT OF POLICY A. Review by Contractor The Authority shall incorporate this Policy into its advertising management contracts. The Authority’s Contractor(s) shall submit for display on or in the TransitFacilities only advertisements that complywith the standards set forth in this Policy. If the Contractor is in doubt whether an advertisement complies with the standards set forth in this Policy, then the Contractor shall notify the Director of Planning and Developmentof the specific standard or standards of this Policy with which the Contractor believes the advertisement may not comply. B. Review by Director of Planning and Development If the Contractor believes that an advertisement may not fit the definition of Permitted Advertising, the Contractor shall send the advertisement and supporting information (the name of the advertiser, the size and number of the proposed advertisements, the dates and locations of proposed display, and notation of standards of concern) to the Marketing and Communications Director, or designee, for review. The Director of Planning and Development shall review the advertisement and supporting information to determine whether or not the advertisement complies with this Policy. If the Director of Planning and Development determines that the advertisement does not comply with this Policy, he or she shall, in writing, specify the standard or standards with which the advertisement does not comply, and shall so notify the Contractor. C. Notification to Advertiser TheContractor will send prompt, written notification to the advertiser of the rejection of the advertisement and will include in that notification a copy of this Policy and written specification of which standard or standards with which the advertisement fails to comply. CFPTA Agenda Packet 04/28/201625 D. Appeal to the Executive Director Rejection of an advertisement may be appealed to the Authority’s Executive Director by written notification to the Director of Planning and Development.The Executive Director will allow the advertiser and the Director of Planning and Development to present any argument or evidence they wish to offer. The Executive Director’s decision shall be final. ADOPTED AT A REGULAR MEETING ____________________________, 20____ _______________________ Jeff Petroff Chairman ________________________ Don Betz Secretary CFPTA Agenda Packet 04/28/201626 Wilmington Urban Area Metropolitan Planning Organization InBrunswick County, New Hanover County and Pender County,North Carolina Memorandum of Understanding Adopted by the Board March 30, 2016 CFPTA Agenda Packet 04/28/201627 MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE, AND CONTINUING TRANSPORTATION PLANNING AMONG THE CITY OF WILMINGTON, TOWN OF CAROLINA BEACH, TOWN OF KURE BEACH, TOWN OF WRIGHTSVILLE BEACH, COUNTY OF NEW HANOVER, TOWN OF BELVILLE, TOWN OF LELAND, TOWN OF NAVASSA, COUNTY OF BRUNSWICK, COUNTY OF PENDER, CAPE FEAR PUBLIC TRANSPORTATION AUTHOTIRY AND THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION IN COOPERATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION WITNESSETH WHEREAS , Each MPO is required to develop a comprehensive transportation plan in cooperation with NCDOT and in accordance with 23 U.S.C., Section 134, any subsequent amendments to that statute, and any implementing regulations; and Chapter 136, Article 3A, Section 136-66.2(a) of the General Statutes of North Carolina, WHEREAS, the said Chapter 136, Article 3A, Section 136-66.2(b) provides that: “After completion and analysis of the plan, the plan shall be adopted by both the governing body of the municipality or MPO and the Department of Transportation as the basis for future transportation improvements in and around the municipality or within the MPO. The governing body of the municipality and the Department of Transportation shall reach agreement as to which of the existing and proposed streets and highways included in the adopted plan will be a part of the State highway system and which streets will be a part of the municipal street system. As used in this Article, the State highway system shall mean both the primary highway system of the State and the secondary road system of the State within municipalities;” and, WHEREAS , the said Chapter 136, Article 3A, Section 136.66.2(d) provides that: “For MPOs, either the MPO or the Department of Transportation may propose changes in the plan at any time by giving notice to the other party, but no change shall be effective until it is adopted by both the Department of Transportation and the MPO;” and WHEREAS , a transportation planning process includes the operational procedures and working arrangements by which short and long-range transportation plans are soundly conceived and developed and continuously evaluated in a manner that will: 1.Assist governing bodies and official agencies in determining courses of action and in formulating attainable capital improvement programs in anticipation of community needs; and 2.Guide private individuals and groups in planning their decisions which can be important factors in the pattern of future development and redevelopment of the area; and CFPTA Agenda Packet 04/28/201629 WHEREAS, it is the desire of these agencies that a previously established continuing, comprehensive, cooperative transportation planning process as set forth in a Memorandum of th Understanding dated the 6 day of August 2007 be revised and updated to comply with 23 U.S.C. 134; any subsequent amendments to that statute, and any implementing regulations; and WHEREAS, the effective date of this document shall be the date on which it was signed by the Governor of the State of North Carolina or his/her designee. NOW THEREFOREBE IT RESOLVED by the Wilmington Urban Area Metropolitan Planning Organizationwhich will serve as the Metropolitan Planning Organization for the Wilmington Urban Area that the following Memorandum of Understanding (MOU) is made: : SECTION I. It is hereby agreed that the municipalities of City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Town of Belville, Town of Leland, Town of Navassa, the Counties of Brunswick, New Hanover and Pender, Cape Fear Public Transportation Authority and the North Carolina Department of Transportation, in cooperation with the United States Department of Transportation, will participate in a continuing, coordinated, comprehensive transportation planning process with the responsibilities and undertakings as outlined in the following paragraphs: A.The Wilmington Urban Area Metropolitan Planning Organization’s planning area will consist of the WilmingtonUrbanized Area as defined by the United States Department of Commerce, Bureau of the Census, in addition to that area beyond the existing urbanized area boundary that is expected to become urban within a twenty-year planning period. This area is hereinafter referred to as the Metropolitan Planning Area. B.The Wilmington Urban Area Metropolitan Planning Organization’s planning,hereinafter referred to as theWilmington Urban Area MPO,shall include the local governments of the Municipalities and the Counties,Cape Fear Public Transportation Authorityandthe North Carolina Department of Transportation,aBoard hereinafter defined, a Technical Coordinating Committee hereinafter defined,and the various agencies and units of local and State government participating in the transportation planning for the area. C.The Wilmington Urban Area MPO is an organization that is funded through federal, state and local funds to conduct transportation planning in a continuing, cooperative and comprehensive manner. The Wilmington Urban Area population has exceeded 200,000 and in July 2012 the Federal Highway Administration designated the Wilmington Urban Area as a Transportation Management Area (TMA). This new designation provides for additional requirements. Along with the TMA designation, the additional requirements include the completion and monitoring of a Congestion Management Process, official FHWA/FTA Certification process, additional federal and reporting requirements and the administration of Surface Transportation Block Grant Program. D.The continuing transportation planning process will be a cooperative one, and all planning discussions will be reflective of and responsible to the comprehensive plans for growth and development of the Metropolitan Planning Area. E.The continuing transportation planning process will be conducted in accordance with the intent, procedures, and programs of Title VI of the Civil Rights Act of 1964, as amended. CFPTA Agenda Packet 04/28/201630 F.The Urbanized Area Boundary and the Metropolitan Planning Area shall be periodically reviewed and revised in light of new developments and basic data projections. G.Transportation plans, programs and data collection will be coordinated with the Lead Planning Agency for the adjacent Rural Planning Organization and shall be conducted according to applicable interagency agreements. H.Wilmington Urban Area Metropolitan Planning Organization Board Established The Wilmington Urban Area MPO Board \[hereinafter referred to as “Board” or “the Board”\] is hereby established with the responsibility for cooperative transportation planning decision making for the Wilmington Urban Area MPO. The Board shall have the responsibility for keeping the policy boards of the participating local governments informed of the status and requirements of the transportation planning process; for assisting in the dissemination and clarification of the decisions and policies of the policy boards; and for providing opportunities for citizen participation in the transportation planning process. The Board, in cooperation with the State, and in cooperation with publicly owned operators of mass transportation services, shall be responsible for carrying out the urban transportation planning process specified in the U. S. Department of Transportation Program Manuals and shall develop the planning work program, Metropolitan Transportation Plan, and Transportation Improvement Program as specified in such manuals. This shall be the forum for cooperative decision-making by elected officials of the member local governments. However, this shall not limit the Board’s local responsibility forinsuring that the transportation planning process, plans and improvement projects which emerge from that process are consistent with the policies and desires of local government. This shall also serveas a forum for the resolution of conflicts which arise during the course of developing the Metropolitan Transportation Plan and the Transportation Improvement Program. I.Board Membership The Wilmington Urban Area MPO Board will consist of the Chief Elected or other elected representative(s) from the following Local Government as well as the appointed member from the North Carolina Board of Transportation. Each agency will have a single representative except as indicated below: 1.Two members of the Wilmington City Council; 2.One member of the Carolina Beach Town Council; 3.One member of the Kure Beach Town Council; 4.One member of the Wrightsville Beach Board of Alderman; 5.One member of the New Hanover County Board of Commissioners; 6.One member of the Belville Board of Commissioners; 7.One member of the Leland Town Council; 8.One member of the Navassa Town Council; 9.One member of the Brunswick County Board of Commissioners; 10.One member of the Pender County Board of Commissioners; 11.One member of the Cape Fear Public Transportation Authority (New Hanover County Representative); 12.One member of the North Carolina Board of Transportation; CFPTA Agenda Packet 04/28/201631 Each of the above member agencies may also appoint analternate, in accordance with the rules contained within the Wilmington Urban Area MPO Bylaws. If alternates attend meetings where the primary representative is present, only the primary representative(s) shall be counted for voting purposes as specified in the Bylaws. Representatives from each of the following bodies will serve as non-voting members of the Board. - Federal Highway Administration (North Carolina Division Administrator, or his designee) - Cape Fear Council of Governments - North Carolina State Ports Authority - New Hanover County Airport Authority - North Carolina Turnpike Authority At the invitation of the Board, other local, regional, State, or Federal agencies impacting transportation within the Planning Area may serve as advisory, non-voting members of the Board. The Executive Directorwill serve as secretary to the Board. J.Board Duties. The duties and responsibilities of the Board are as follows: mission,goals and objectives 1.Establish for the transportation planning process reflective of and responsive to comprehensive plans for growth and development in the Metropolitan Planning Area adopted by Boards of General Purpose Local Government. Prospectus 2.Review and approve afor transportation planning which defines work tasks and responsibilities for the various agencies participating in the transportation planning process. Urbanized Area BoundaryMetropolitan 3.Review and approve changes to the and the Planning AreaNational Highway as well as review and recommend changes to the System and the Federal Functional Classification System in conformance with Federal regulations. Unified Planning Work Program 4.Review and approve the transportation . Metropolitan Transportation Plan 5.Review and approve the and adopt the Comprehensive Transportation Plan pursuant to G.S. 136-66.2. The Comprehensive Transportation Plan shall be mutually adopted by the Board and the State of North Carolina. Metropolitan Transportation Improvement Program 6.Develop and Approve the (MTIP) . 7.Developprioritized needs list (PNL) for transportation improvements in conjunction with development of the MTIP. This list represents candidate projects for inclusion in the MTIP. CFPTA Agenda Packet 04/28/201632 air quality planning 8.Review and approve related in conformance with Federal regulations. 9.Distribute funds distributed directly to MPO’s under the provisions of the FAST Act and any subsequent re-authorization of the FAST Act. 10.The Wilmington Urban Area MPO is responsible for ensuring that their planning process is being carried out in accordance with applicable Federal requirements as outlined in 23 CFR 334. 11.TheWilmington Urban Area MPO shall be responsible for the development and implementation of a performance-based transportation planning process; including the establishment of measures, metrics, targets, the processes for the collection of performance based data, and for identifying the roles and responsibilities for the performance-based planning process. Public Involvement Policy. 12.Develop, approve, and implement a 13.TheWilmington Urban Area MPOshall have the primary responsibility for citizen input into the continuing transportation planning process. 14.The Wilmington Urban Area MPO is responsible for conducting public involvement and technical analysis to determine preliminary alignments for all modes of transportation included in the MTP and CTP. These alignments will be used by the MPO and local jurisdictions through their land development ordinances for right of way protection purposes. Once the Wilmington Urban Area MPO has adopted an official alignment, it can be modified only by the official action of the Board. The Wilmington Urban Area MPO adopts the alignment for right of way purposes even if the alternatives are produced through a State or locally funded environmental study process. Adoption of any alignment shall not predetermine a corridor through the state and federal environmental review processes. Bylaws 15.Develop and approve committee governing operating policies and procedures. Through the Bylaws, the Board may establish subcommittees and may delegate duties of planning and analysis to these subcommittees as outlined in Section M. below. Self-Certify 16.the Long-Range Planning Process. 17.Conduct any other duties identified as necessary to further facilitate the transportation planning process. K. Board Voting Policy 1. Voting representatives of the Municipalities and the Counties shall be designated by their respective governing boards. A quorum is required for the transaction of all business, including conducting meetings or hearings, participation in deliberations, or voting upon or otherwise transacting the public business. A quorum consists of fifty-one percent (51%) of the voting members of the Board, plus as many additional members as may be required to ensure that fifty- one percent (51%) of the total votes are present. CFPTA Agenda Packet 04/28/201633 2.Each member shall receive one vote. A simple majority of the members present shall determine all issues. L. Metropolitan Transportation Improvement Program (MTIP) Development 1.The Metropolitan Transportation Improvement Program (MTIP) shall be adopted in accordance with adoption schedules for the State Transportation Improvement Program (STIP). The MTIP shall include all information typically contained in the STIP, including, but not limited to route number, project I.D. number, project limits, project description, proposed implementation schedule, funding source, and projected cost. The MTIP is intended to represent local priorities for transportation improvements. Once it is adopted, any discrepancies between the MTIP and the STIP will be negotiated through established State and Federal processes. 2.For the purpose of implementing its transportation priorities, the Board may develop a supplement to the MTIP containing descriptions of project design. Design information for a particular project will be included in the supplement on an as needed basis at the request of member jurisdictions. For roadway projects, the information may include the preferred alignment, the number of lanes, the inclusion of medians, and the extent and location of pedestrian and bicycle facilities. Other design information will be included in the supplement as needed to establish the general parameters of project design. The supplement shall serve as a planning document to guide MTIP development, and shall be amended as needed. Generally, project design information will not be included in the supplement until a project has completed the NEPA process, design public hearing process, or any other required public involvement process. M. Project Prioritization The Board shall develop a list of projects for transportation improvements in conjunction with the NCDOT prioritization process as codified in NCGS § 13618.42.This entails preparing a - list of projects to evaluate against NCDOT’s quantitative measures, then choosing a subset of projects. The subset of projects chosen will be assigned points by the Board based on locally and regionally developed criteria andsubmitted to NCDOT and the Wilmington Urban Area MPO Board to compete for available funding in the STIP and MTIP, respectively. N. Board Subcommittees The Board may establish subcommittees and advisory groups through its bylaws or through a vote at a regularly scheduled meeting. The subcommittees may consist of existing members of the Board, the Technical Coordinating Committee, and other officials and citizens as appropriate to achieve the objectives of the subcommittee. Subcommittees may include, but are not limited to the following groups: Bicycle and Pedestrian Advisory Committee, Citizen Advisory Committee, Transportation Demand Committee and others. Further, the Wilmington Urban Area MPO Board shall allow these groups to establish their own bylaws, meeting schedule, and elected officers. The purpose of the subcommittees will be to provide analysis and recommendations to the Board. O.Transit Planning and Programming The Wilmington Urban Area MPO will coordinate transit planning and programming within the Metropolitan Planning Area. The duties and responsibilities of the Board with regard to transit planning and programming are as follows: CFPTA Agenda Packet 04/28/201634 1.Establish policies for distribution of federal mass transit funds that are provided directly to the Metropolitan Planning Organization. These policies will be reviewed and approved annually by the Board 2.Develop and approve a list of prioritized projectsfor transit improvements. 3.Program transit improvements in the Metropolitan Transportation Improvement Program (MTIP). In developing transit plans, programs, and funding formulas, the Board shall consider the following factors: federal mass transit funding formulas, population served by the transit system, ridership, and present and future demand for transit service. P. Technical Coordinating Committee Established A Technical Coordinating Committee, hereinafter referred to as the TCC, shall be established with the responsibility of general review, guidance, and coordination of the transportation planning process for the Metropolitan Planning Area and with the responsibility for making recommendations to the respective local and State governmental agencies and the Board regarding any necessary actions relating to the continuing transportation planning process. The TCC shall be responsible for development, review, and recommendation for approval of goals and objectives, the Prospectus, Unified Planning Work Program (UPWP), Urbanized Area Boundary, Metropolitan Planning Area, National Highway System, Metropolitan Transportation Plan, Comprehensive Transportation Plan, Metropolitan Transportation Improvement Program (MTIP), Priority Needs List (PNL), air quality planning, distribution of directly allocated funds, public involvement, and any other duties identified as necessary to facilitate the transportation planning process. Membership of the TCC shall include technical representation from all local and State governmental agencies directly related to and concerned with the transportation planning process for the planning area. Membership to the TCC may be altered on the basis of a majority vote of its membership, provided that any party may appeal decisions regarding TCC membership changes to the Board. The initial TCC voting membership shall include, but not be limited to the following: 1.MPO Executive Director, Wilmington Urban Area MPO 2.Transportation Demand Management Coordinator; Wilmington Urban Area MPO 3.Traffic Engineer, City of Wilmington; 4.Assistant Town Manager, Town of Carolina Beach; 5.Town Clerk, Town of Kure Beach; 6.Director of Planning and Parks, Town of Wrightsville Beach; 7.Director, New Hanover County Planning Department; 8.Deputy Director, Wilmington International Airport; 9.Planner, North Carolina State Ports Authority; 10.Director, Cape Fear Public Transportation Authority 11.Town Administrator, Town of Belville; 12.Planning Director, Town of Leland (Alternate Town Manager) 13.Town Planning Administrator, Town of Navassa; 14.Director, Brunswick County Planning Department; CFPTA Agenda Packet 04/28/201635 15.Director, Pender County Planning Department; 16.Planning Director, Cape Fear Council of Governments; 17.Division Engineer, Division of Highways, North Carolina Department of Transportation; 18.Wilmington Urban Area Coordinator, Transportation Planning Branch, North Carolina Department of Transportation; Representatives from each of the following bodies will serve as non-voting members of the Technical Coordinating Committee. 19.Director of Department of Planning, Development and Transportation Services, City of Wilmington; 20.Assistant Manager, New Hanover County; 21.Division Construction Engineer, Division of Highways, North Carolina Department of Transportation; 22.Planning, Development and Transportation Director, City of Wilmington 23.Division Traffic Engineer, Division of Highways, North Carolina Department of Transportation; 24.Transit Planner, Public Transportation Division, North Carolina Department of Transportation; 25.District Engineer, North Carolina Division, Federal Highway Administration, United States Department of Transportation; 26.Transportation Planner, North Carolina Division, Federal Highway Administration, United States Department of Transportation (Advisory and non-voting); 27.General Manager, Brunswick Transit Systems 28.Director, Pender Adult Services Each TCC member shall have one vote. Through the Wilmington Urban Area MPO’s bylaws, the TCC may designate other local agencies, organizations, or individuals as voting and non-voting members of the TCC. A quorum is required for the transaction of all business, including conducting meetings, participation in deliberations, or voting upon or otherwise transacting the public business. A quorum consists of fifty- one percent (51%) of the voting members of the TCC. The Board may establish subcommittees and advisory groups through the bylaws or through a vote at a regularly scheduled meeting. The purpose of the subcommittees will be to provide analysis and recommendations to the TCC and Board. The TCC shall operate as determined by the Wilmington Urban Area MPO’s adopted bylaws. Any agency not listed above which wishes representation on the TCC may request such representation for consideration. SECTION II .It is further agreed that the subscribing agencies will have the following responsibilities: The Municipalitiesand Counties The Municipalities and the Counties will assist in the transportation planning process by providing assistance, data and inventories in accordance with the Prospectus. The Municipalities and the Counties shall be responsible for any zoning and subdivision approvals that are impacted by adopted Transportation Plans. The City of Wilmington will serve as the Lead Planning Agency for the Wilmington Urban Area MPO. CFPTA Agenda Packet 04/28/201636 North Carolina Department of Transportation The Department will assist in the transportation planning process by providing planning assistance, data and inventories in accordance with the Prospectus. SECTION III. The rules contained in the current edition of Robert’s Rules of Order, Newly Revised, shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with this “Memorandum of Understanding”, the bylaws and/or any special rules of order the Board may adopt. SECTION IV. The Board by a majority vote may invite other municipalities located withinthe Metropolitan Planning Area Boundary to join the MPO. The municipality may join the MPO by agreeing to become party to this MOU by signing an Addendum to this MOU authorized by appropriate and proper resolution of the municipality to sign the Addendum. The Addendum shall become part of this MOU and shall be distributed to all parties to this MOU. SECTION V. All transportation and related federal aid planning grant funds available to promote the comprehensive transportation planning process will be expended in accordance with the Unified Planning Work Program adopted by the Board. These funds require a twenty percent (20%) Local Match. Parties to this Memorandum of Understanding agree to fund the Local Match in an amount in direct proportion to their share of the total population contained in the approved Metropolitan Area Boundary. Population figures for determination of Local Match contribution shall be determined based on the most recent Federal decennial Census. Member governments may be asked to contribute additional local funding for projects. This funding share shall be invoiced on a regular basis by the City of Wilmington, acting as Lead Planning Agency, and as recipient of the Federal Planning funds distributed by the North Carolina Department of Transportation. SECTION VI. This Amended Memorandum of Understanding supersedes and replaces any prior memorandum(s) of understanding between the parties regarding the Wilmington Urban Area MPO. SECTION VII. Parties to this Memorandum of Understanding may terminate their participation in the continuing transportation planning process of the MPO by giving (60) days written notice to the other parties prior to the date of termination. When annexation occurs and member municipality boundaries extend beyond the adopted urbanized area boundary, the new boundaries will automatically become part of the urbanized area. It is further agreed that these agencies will assist in the transportation planning process by providing planning assistance, data, and other requested information. Additionally, these agencies shall coordinate zoning and subdivision approval in accordance with the adopted Transportation Plan(s). All files, records and planning maps and documents will remain the property of the MPO. SECTION VIII. In witness whereof, the parties of this Memorandum of Understanding have been authorized by appropriate and proper resolutions to sign the same, the City of Wilmington by its mayor, the Town of Carolina Beach by its mayor, the Town of Kure Beach by its mayor, the Town of Wrightsville Beach by its mayor, New Hanover County by its chairman of the Board of Commissioners, the Town of Belville by its mayor, the Town of Leland by its mayor, the Town of Navassa by its mayor, Brunswick County by its chairman of the Board of Commissioners, Pender County by its chairman of the Board of Commissioners, the Cape Fear Public Transportation Authority by its Chairman and the CFPTA Agenda Packet 04/28/201637 North Carolina Department of Transportation by the Secretary of Transportation, this _____ day of ________, 2016. (Seal) CITY OF WILMINGTON ________________________ By ___________________________ Clerk Mayor (Seal) TOWN OF CAROLINA BEACH ________________________ By ___________________________ Clerk Mayor (Seal) TOWN OF KURE BEACH ________________________ By ___________________________ Clerk Mayor (Seal) TOWN OF WRIGHTSVILLE BEACH ________________________ By ___________________________ Clerk Mayor (Seal) NEW HANOVER COUNTY ________________________By ___________________________ Clerk Chairman of the Board of Commissioners CFPTA Agenda Packet 04/28/201638 (Seal) TOWN OF BELVILLE ________________________ By ___________________________ Clerk Mayor (Seal) TOWN OF LELAND ________________________ By ___________________________ Clerk Mayor (Seal) TOWN OF NAVASSA ________________________ By ___________________________ Clerk Mayor (Seal) BRUNSWICK COUNTY ________________________ By ___________________________ Clerk Chairman of the Board of Commissioners (Seal) PENDER COUNTY ________________________ By ___________________________ Clerk Chairman of the Board of Commissioners (Seal)CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY ________________________ By ___________________________ CFPTA Agenda Packet 04/28/201639 Clerk Chairman (Seal) NORTH CAROLINA DEPARTMENT OF TRANSPORTATION By ___________________________ Secretary CFPTA Agenda Packet 04/28/201640 RESOLUTION _____________________________________________________________________ Introduced by: Albert Eby, Executive Director Date: April 28, 2016 RESOLUTION SUPPORTING MEMORANDUM OF UNDERSTANDING WITH WILMINGTON URBAN AREA METROPOLITAN PLANNING ORGANIZATION WHEREAS, the Cape Fear Public Transportation Authority was created in July 2004 by Joint Resolution of the City of Wilmington and New Hanover County to provide public transportation services throughout the adopted boundary of the Wilmington Urban Area; and WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization provides transportation planning services for the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Town of Belville, Town of Leland, Town of Navassa, New Hanover County, Brunswick County, Pender County, Cape Fear Public Transportation Authority and the North Carolina Board of Transportation; and WHEREAS, a Memorandum of Understanding between the WMPO and member organizations outlines a Cooperative, Comprehensive and Continuing transportation planning partnership among the membership; and WHEREAS, the current Memorandum of Understanding between the Wilmington Urban Area Metropolitan Planning Organization and local member jurisdictions is dated August 6, 2007; and WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization has identified a need to update the Memorandum of Understanding to better serve the organization; NOW THEREFORE BE IT RESOLVED THAT the Cape Fear Public Transportation hereby agrees to the terms and conditions outlined in the Memorandum of Understanding and the Chairman is herebyauthorized to sign the MOU as presented. Adopted at a regular meeting onApril 28, 2016 _____________________ Jeffrey B. Petroff, Chairman Attest: _____________________ (seal) Don Betz, Secretary CFPTA Agenda Packet 04/28/201641 Total Passengers Fixed Route 180,000 120,000 160,000 100,000 140,000 120,000 80,000 100,000 60,000 80,000 60,000 40,000 40,000 20,000 20,000 0 - JulAugSepOctNovDecJanFebMar JulAugSepOctNovDecJanFeb 2014/2015 94,390128,378164,496168,394133,924112,258130,195130,970136,853 2014/2015 88,831101,346101,217109,96887,56692,74089,21181,11995,074 2015/2016 98,499117,851152,252146,292134,044107,621117,411136,710129,539 2015/2016 92,75489,16391,83793,41486,06890,44179,54585,90192,192 Change 4.35%-8.20%-7.44%-13.13%0.09%-4.13%-9.82%4.38%-5.34% Change 4.42%-12.02%-9.27%-15.05%-1.71%-2.48%-10.83%5.90%-3.03% Seahawk Shuttle Paratransit 70,000 7,000 60,000 6,000 - 50,000 5,000 40,0004,000 3,000 30,000 20,0002,000 1,000 10,000 0 0 JulAugSepOctNovDecJanFeb JulAugSepOctNovDecJanFebMar 2014/2015 5,1064,8695,0445,2224,3844,4814,6494,4965,135 2014/2015 45322,16358,23553,20441,97415,03736,33545,35536,644 2015/2016 5,3244,7075,0205,7244,7474,8284,5224,9615,297 2015/2016 42123,98155,39547,15443,22912,35233,34445,84832,050 Change 4.27%-3.33%-0.48%9.61%8.28%7.74%-2.73%10.34%3.15% -7.06%8.20%-4.88%-11.37%2.99%-17.86%-8.23%1.09%-12.54% Passengers by Route March 2016 Fixed Route No. NamePassengersTransfers 101Princess Place15,1882,138 103Oleander East6,635948 104Northeast5,059792 105Medical Center6,780910 106Shipyard Blvd5,521760 107College Road2,035223 108Market Street7,7201,034 201Carolina Beach Road10,3991,063 202Oleander West6,639710 203Trolley4,845 204Brunswick Connector2,208280 205Longleaf Park7,846774 207North3,398430 209Independence6,867648 301Pleasure Island1,052 TOTAL 92,19210,710 UNCW 701Blue2,848 712Teal2,254 702Green2,629 703Red3,606 704Yellow5,236 711Yellow Express3,982 705Loop1,282 707Red Express 8,839 709Loop Express 1,374 UNCW Total 32,050 Para-Transit Services ADA Passengers 1,911 Non-ADA Passengers 3,386 Para-Transit Total 5,297 TOTAL PASSENGERS 129,539 CFPTA Agenda Packet 04/28/201643 FIXED ROUTEMONTHLYFiscal Year to Date This Month Ridership Statistics Current% ChangeCurrentPrior% Change Last Year Total Bus Passenger Trips 87,347 91,018-4.03% 766,021 808,074-5.20% Total Trolley Passenger Trips 4,845 4,05619.45% 35,294 38,998-9.50% Total UNCW Passenger Trips 32,050 36,644-12.54% 293,774 309,400-5.05% Total Fixed Route Passenger Trips 124,242 131,718-5.68% 1,095,089 1,156,472-5.31% Average Weekday Passenger Trips 4,921 5,395-8.78% Average Saturday Passenger Trips 2,008 2,0000.39% Average Sunday Passenger Trips 1,006 1,0040.23% Operating Statistics - Fixed Route Total Revenue Miles 108,806 114,291-4.80% 924,531 933,334-0.94% Total Revenue Hours 7,740 8,318-6.95% 65,660 66,437-1.17% Accidents Non Preventable000.00% 18 14 28.57% Accidents Preventable 10100.00%412-66.67% Passenger Trips/Revenue Mile 1.14 1.15-0.92%1.181.24-4.41% Passenger Trips/Revenue Hour 16.05 15.841.37%16.6817.41-4.19% Operator Overtime3.33%3.83%-13.05% Farebox Revenue and Pass Sales$ 85,733$ 94,427-9.21%$712,655$760,055-6.24% Average Fare per Bus Passenger$ 0.93$ 0.99-6.37%$0.89$0.90-0.88% PARATRANSITMONTHLYFiscal Year to Date This Month % ChangeCurrentPrior% Change Ridership Statistics Current Last Year Total ADA Passenger Trips1,9111,59619.74%16,05012,72926.09% Total Non ADA Passenger Trips3,3863,539-4.32%30,63130,657-0.08% Total Paratransit Passenger Trips5,2975,1353.15%46,68143,3867.59% Average Weekday Passenger Trips218221-1.49% Average Saturday Passenger Trips5829100.69% Average Sunday Passenger Trips191258.33% Operating Statistics - Paratransit Total Revenue Miles46,45139,80616.69%391,813319,20722.75% Total Revenue Hours3,1572,07652.07%24,95916,60750.29% Accidents Non Preventable01-100.00%63100.00% Accidents Preventable110.00%770.00% Passenger Trips/Revenue Mile0.110.13-11.60%0.120.14-12.34% Passenger Trips/Revenue Hour1.682.47-32.17%1.872.61-28.41% Operator Overtime1.20%3.95%-69.62% WavePool Passengers434668-35.03%3,6525,610-34.90% Revenue Miles3,9446,444-38.80%34,44855,732-38.19% Revenue Hours79120-34.17%7221,008-28.37% Special Services Greyhound Ticket Revenue$1,603$2,425-33.90%$20,517$28,687-28.48% Amtrak Passengers275277-0.72%2,3071,59844.37% Horizon Revenue$657$6530.61%$6,690$7,730-13.45% CFPTA Agenda Packet 04/28/201644 Cape Fear Public Transportation Authority Statement of Operating Position Date : 7/1/2015 - 3/31/2016 Budget Scenario : 2016 (2) (Board Adopted Original) ActualBudget Variance75%Annual GL account Operating revenues Farebox revenues 941,308 951,000 (9,692)74% 1,268,000 Passes 131,072 165,000 (33,928)60% 220,000 Contracted services Fixed Route 290,697 315,000 (24,303)69% 420,000 Para-Transit 501,069 496,500 4,56976% 662,000 Total: Operating revenues 1,864,146 1,927,500 (63,354)73% 2,570,000 Nonoperating revenues Subsidies Federal grants 2,485,751 2,660,368 (174,617)70% 3,547,157 State grants 746,983 566,213 180,77199% 754,950 Subsidy from primary government City of Wilmington 1,285,000 963,750 321,250100% 1,285,000 New Hanover County 275,000 206,250 68,750100% 275,000 Subsidy from other governments 101,250 75,281 25,969101% 100,375 Local Government Pledged to Capital - (11,250) 11,2500% (15,000) Other Income 109,184 83,250 25,93498% 111,000 Total: Subsidies 5,003,168 4,543,862 459,30783% 6,058,482 Total: Revenues and Subsidies 6,867,314 6,471,362 395,95380% 8,628,482 Operating expenses Salaries and wages Fixed Route 2,353,363 2,451,153 97,79072% 3,268,204 Para-Transit 464,943 491,449 26,50671% 655,266 Taxes and benefits Taxes 206,111 227,758 21,64768% 303,677 Benefits 725,412 780,809 55,39770% 1,041,078 Fuels and lubricants 414,431 710,550 296,11944% 947,400 Maintenance 617,577 403,968 (213,609)115% 538,624 Tires 72,923 101,625 28,70254% 135,500 Communications & Utilities 100,615 119,550 18,93563% 159,400 Professional services 324,099 317,115 (6,984)77% 422,820 Other services 138,165 75,845 (62,321)137% 101,126 Insurance Liability & Property 298,340 259,875 (38,465)86% 346,500 Auto 254,062 216,000 (38,062)88% 288,000 Worker Comp 162,587 158,250 (4,337)77% 211,000 Office supplies and expenses 25,898 31,650 5,75261% 42,200 Marketing 7,473 37,275 29,80215% 49,700 Other expenses 102,141 88,490 (13,651)87% 117,987 Total: Operating expenses 6,268,140 6,471,362 203,22273% 8,628,482 Net Results 599,174 Fund Balance Contributions 20152016Total City of Wilmington 157,822 157,822 - 315,644 New Hanover County 157,822 157,822 - 315,644 Total: Fund Balance Contributed 315,644 315,644 - 631,288 CFPTA Agenda Packet 04/28/201645 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER MANAGEMENT AGREEMENT BETWEEN CAPE FEAR PUBLIC TRANSIT AUTHORITY and FIRST TRANSIT, INC. ADDENDUM 5 WHEREAS on July 01, 2011, the Cape Fear Public Transportation Authority (“Authority”) and First Transit, Inc. (“First Transit”) entered into a management agreement (“Contract”) for the operation of fixed route bus service; and WHEREAS, on May 24, 2012, the Authority and First Transit agreed to amend the Contract to add up to $136,304.00 annually for an additional two corporate employees to be added to the Wave transit staff; and WHEREAS, on June 26, 2014, the Authority and First Transit, pursuant to the Contract, extended the duration of the contract for a two year term expiring on June 30, 2016; and WHEREAS, the Contract allows for the Authority to extend the Contract for two (2) additional two (2) year terms; and WHERAS, the Authority has informed First Transit that an extension of the Contract requires certain provisions in the Contract to be amended; and WHEREAS, First Transit has agreed to the Contract being amended; NOW, THEREFORE, in consideration of the foregoing and their mutual covenants hereinafter set forth, the AUTHORITY and FIRST TRANSIT agree to amend the original contract to include the following revisions: 1.SECTION 3 of the Contract is amended as follows: The Authority agrees to pay First Transit the sum of Three Hundred Fifty Thousand Dollars ($350,000) for the Annual Management Fee, as outlined in Section 3 of the Contract. This Annual Management Fee shall include payment for all costs associated with the following positions: Contractor General Manager, Contractor Assistant General Manager, Contractor Vehicle Maintenance Manager, and Assistant Contractor Vehicle Maintenance Manager. 2.As an incentive to perform in accordance with the Contract, First Transit shall be eligible to additional compensation, up to the sum of twenty-five thousand dollars ($25,000) per year, as follows: a.First Transit shall be entitled to $750 for each month in which actual service hours meet or exceed 99.60% of scheduled service hours. Actual service hours include service provided as scheduled utilizing the scheduled type of vehicle as set forth by the Authority. b.In addition to the foregoing in 2(a), First Transit shall be entitled to $250 for each month where actual service hours meet or exceed 99.80% of scheduled service hours. Actual service hours include service provided as scheduled utilizing the scheduled type of vehicle as set forth by the Authority. CFPTA Agenda Packet 04/28/201646 c.In addition to the foregoing in 2(a) and 2(b), First Transit shall be entitled to $250 for each Transit Management pay period in which operator overtime is less than 6%. d.In addition to the foregoing in 2(a), 2(b) and 2(c) First Transit shall be entitled to $250 for each Transit Management pay period which mechanic and service employee overtime is less than 6%. e.In addition to the foregoing in 2(a), 2(b), 2(c) and 2(d), First Transit shall be entitled to $5,000 annually if the adopted budget line item for “vehicle maintenance” is at or below the adopted rate. f.In addition to the foregoing in 2(a), 2(b), 2(c) but not 2(e), First Transit shall be entitled to $2,000 annually if the adopted budget line item for “vehicle maintenance” is equal to or less than 5% of the adopted rate. g.All incentives earned and verified by the Authority will be billed and netted against any disincentives and management fees along with the following months recurring management fee invoice by First Transit. 3. As a disincentive for failing to perform in accordance with the Contract, and in addition to all other remedies under the Contract, First Transit shall pay the Authority as follows: a. In addition to the foregoing in Section 2, First Transit shall be assessed by the Authority the sum of $750 each month where actual service hours are equal to or are less than 99.10% of scheduled service hours. Actual service hours include service provided as scheduled utilizing the scheduled type of vehicle as set forth by the Authority.. b. In addition to the foregoing in Section 2 and 3(a), First Transit shall be assessed by the Authority the sum of $250 for each Transit Management pay period in which operator overtime is equal to or exceeds 10.00%. c. In addition to the foregoing in Section 2, 3(a) and 3(b), First Transit shall be assessed by the Authority the sum of $250 for each Transit Management pay period in which maintenance overtime is equal to or exceeds 10.00%. Maintenance overtime is defined as mechanics, technicians and service employees. d. In addition to the foregoing in Section 3, 2(a), 2(b) and 2(c), First Transit shall be assessed by the Authority the sum of $2,000 annually if the adopted budget line item for “vehicle maintenance” is equal to or greater than 10.00% of the adopted rate. e. All disincentives will be netted and billed against all incentives and management fees along with the following months recurring management fee invoice by First Transit. 4. In accordance with SECTION 6(e) of the Contract, First Transit and the Authority agree that worker compensation insurance will be provided by First Transit at an annual rate not to exceed $2,045 per contract employee up until June 30, 2018. Worker compensation under this section shall not apply to the following direct contract employees: Contractor General Manager, Contractor Assistant General Manager, Contractor Vehicle Maintenance Manager, and Assistant Contractor Vehicle Maintenance Manager CFPTA Agenda Packet 04/28/201647 5. First Transit agrees to provide the Authority with an adopted copy of its current employee manual for all Transit Management of Wilmington (TMW) employees hired by First Transit under the Management Agreement within ninety (90) days of a collective bargaining agreement being executed. 6. First Transit agrees to waive the fee for four bus assembly line inspections (BLI) undertaken in January 2016 and further agrees to pay up to thirteen future bus assembly line inspections at its sole expense. The BLI’s are limited to inspections at the Gillig manufacturing facility. 7. First Transit agrees to reimburse the Authority for chemicals purchased to clean the Authority’s Operation center parking lot and drive area up to 100 lbs. 8. In the event the individual serving as Contract General Manager ceases to be employed by First Transit for the purpose of fulfilling this Contract with the Authority, First Transit agrees to provide on-site management by an additional employee, not included as part of the agreement, at a minimum of one day per week during the vacancy of the position. 9. First Transit agrees to arrange for corporate management to attend a minimum of six (6) board meetings per year. In addition to the foregoing, at least two of the board meetings shall be attended by the First Transit Regional Vice President and one meeting shall be attended by the First Transit Senior Vice President. 11. This addendum will extend the agreement until June 30, 2018. IN WITNESS WHEREOF, the Authority and First Transit, Inc. have each executed this Addendum in duplicate originals, one of which shall be retained by each of the parties. This the ______day of____, 2016. CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY BY: __________________________________ Jeff Petroff, Chairman ATTEST: _______________________________ (seal) Don Betz Secretary CFPTA Agenda Packet 04/28/201648 This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. This _______ day of __________________, 2016. _________________________________________ Joseph Mininni, CPA, Director of Finance & Administration APPROVED AS TO FORM: ________________________________ Charlotte Noel Fox Authority Attorney STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ____________________, a Notary Public do hereby certify that Don Betz personally came before me this day and acknowledged the he is the Secretary of the Cape Fear Public Transportation Authority and that, by authority duly given and as the act of the constituent institutions, the foregoing instrument was signed in its name by its Chairman. WITNESS my hand and official seal this the _______ day of ________________, 20___. ________________________________ Notary Public My commission expires: (seal) FIRST TRANSIT, INC. By:__________________________________ _____________________________________ Print Name and Title STATE OF ______________________ COUNTY OF ____________________ CFPTA Agenda Packet 04/28/201649 I, _________________________________, a Notary Public in and for said state and county, do hereby certify that __________________ , personally came before me this day and acknowledged the due execution of the foregoing instrument on behalf of First Transit, Inc. , for the purposes therein expressed. WITNESS my hand and official seal this the _______ day of ________________, 20___. ________________________________ Notary Public My commission expires: (seal) CFPTA Agenda Packet 04/28/201650 CFPTA Agenda Packet 04/28/201651