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37 <br />6. PERFORMANCE OF TRANSIT: The Parties agree that every effort will be <br />made to ensure that provided transit services are safe, reliable, and efficient. <br />TTA, as the implementing agency, shall report annually to the Commissioners <br />and the MPO on progress towards implementation of the BRI Plan. At a <br />minimum, transit services will be evaluated annually by transit providers and <br />reported to the BOCC and the Orange County Transit Plan Partnership Advisory <br />Board. These periodic evaluations will be a collaborative and cooperative <br />process between the jurisdictions receiving transit service and the transit service <br />providers with a goal of making services successful from both a coverage and <br />market objective. The Parties will make available to the public an annual report <br />detailing costs, expenditures, and the status of the implementation of the BRI <br />Plan. <br />a. The BOCC, with an advisory recommendation from the Orange County <br />Transit Plan Partnership Advisory Board,. may utilize the transit service <br />performance standard guidelines (urban,'rural and demand response) and <br />ridership trend data to make a de~ermination as to whether any changes to <br />transit services are warranted from monies related to new and expanded <br />service. PerFormance guidelines will be jointly deueloped and agreed to by the <br />BOCC and transit providers. Such guidelines shall be developed within two <br />years of the effective date of this Agreement. , <br />b. Transit providers shall be reimbursed for providing transit services as follows: <br />1. , <br />7. BRI PLAN ALTERNATIVES <br />a. If, during the term of this Agreement, state and/or federal funds to be used for <br />the LRT Project are cancelled, terminated, withdrawn, or otherwise become <br />unavailable for the LRT Project, the Parties agree the funds generated by the <br />sales tax levied pursuant to; NCGS 105-509 and any other funds collected for the <br />LRT Project shall be re-allocated through the process set forth below: <br />1. If the New Starts application for the LRT Project in accordance with the <br />Locally Preferred Alternative is unsuccessful then a re-analysis of the <br />cost-share agreement and new proposal must be accomplished before <br />a new initiative is undertaken. The timeframe to determine success is <br />five years from the effective date of this Agreement. This provision <br />shall be reviewed annually. <br />2. <br />8. TERM AND TERMINATION <br />a. The term of this Agreement shall be from the date first above recorded to and <br />including June 30, 2035. Upon its expiration the Agreement may be renewed <br />upon mutual agreement of the Parties for successive three-year terms. <br />b. The Agreement may be terminated upon mutual agreement of the Parties or <br />by either of the Parties upon a material breach by the other Party. <br />Page 7 of 9 <br />