2011-113 Orange Co - Town of Hillsborough - Hillsborough Circulator Transit Route - Memorandum of Agreement

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~~~ MEMORANDUM OF AGREEMENT for HILLSBOROUGH CIRCULATOR TRANSIT ROUTE BETWEEN ORANGE COUNY, NORTH CAROLINA AND THE TOWN OF HILLSBOROUGH, NORTH CAROLINA This Memorandum of Agreement is entered into this S day of ~~t~.-, 2011, by and between Orange County (County) and the Town of Hillsborough (Town), N.C. (referred to collectively as the "Parties"). WHEREAS, Orange County and the Town of Hillsborough are public entities of North Carolina and are ineligible to enter into binding contractual relationship with one another; and WHEREAS, the parties desire to enter into this Memorandum of Agreement (hereinafter referred to as Memorandum) in order to establish the mutually agreed upon conditions upon which the County will provide certain transit services for the Town; and WHEREAS, the Town wishes to provide public transportation in and around the Hillsborough town limits; and WHEREAS, Orange Public Transit (OPT) is a public transportation system operated by Orange County Government in Orange County, North Carolina; and WHEREAS, OPT and the Town have developed a new Hillsborough Circulator Route. NOW, THEREFORE, the following Memorandum of Agreement is hereby entered into by the County and the Town. FUNDING The route is funded by the Federal Transit Administration Congestion Mitigation and Air Quality (hereinafter CMAQ) grant. The CMAQ grant provides 80% project funding and requires a local match of 20%. CMAQ grant term is three (3) years. The North Carolina Department of Transportation has committed to provide 20% local match for the first year of the project. After the first year, the Town will provide 20% local match. The continuation of the transit services after CMAQ grant three-year term is contingent upon available new funding source(s). CERTIFICATIONS AND ASSURANCES OPT has provided the North Carolina Department of Transportation with certain Annual Certifications and Assurances as set forth on that certain document entitled "FEDERAL AND STATE CERTIFICATIONS AND ASSURANCES FOR COMMUNITY TRANSPORTATION PROGRAMS". SERVICE GOVERNANCE OPT will operate the service and perform other responsibilities as outlined by this Memorandum. However, in the future, the governance of the new transit services might be affected by the recommendations of an ongoing OPT -Chapel Hill Transit Consolidation Study. Any governance changes shall be discussed with the Town of Hillsborough prior to implementation.