Agenda - 11-20-2012 - 5a - Laserfiche WebLink

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19 1 the Orange County Board of County Commissioners ("BOCC")subject to the approval by the 2 BOCC of a satisfactory Interlocal Implementation Agreement, approved in a similar fashion by 3 the TTA Board of Trustees, and approved in concept subject to a satisfactory Implementation 4 Agreement by the Durham Chapel Hill Carrboro Metropolitan Planning Organization ("DCHC"). 5 In order to provide for effective implementation of the Plan,the Parties hereby agree to the 6 following provisions and procedures: 7 8 1. The Orange County Bus and Rail Investment Plan is incorporated into this 9 Agreement in full and as it may be amended from time to time by reference. Except as 10 otherwise provided in this Agreement the Plan shall govern the allocation of funding, cost 11 parameters and timetables for delivery of projects and transit services, and the respective roles 12 of the Parties and transit agencies in provision of the projects and services called for therein. 13 14 2. Pursuant to the Levy of Transit Sales Tax Agreement between Orange and TTA 15 dated May 29, 2012,TTA reaffirms its commitment not to levy the Y2 cent transit sales tax until 16 the Orange BOCC adopts a resolution requesting TTA to take such action. 17 18 3. Orange, Durham County("Durham"), and TTA have previously executed an 19 agreement dated May 15, 2012 which allocates the shares of capital and operating expenses 20 for the LRT rail project set forth in the Plan, and that Cost Sharing agreement is incorporated 21 into this Agreement in full and as it may be amended from time to time by reference. 22 23 4. TTA agrees to provide reports to Orange and DCHC on the progress achieved 24 toward implementation of the Plan and any substantial developments in revenues received, 25 project or service cost experienced, or other pertinent factors under the Plan on an annual 26 basis on or before November 1st of each year and as otherwise reasonably requested. 27 28 5. TTA shall work with the Chapel Hill Transit(CHT), Orange Public Transit ("OPT"),and 29 any other Orange County bus transit service provider named in the Plan to develop the process 30 for distribution of funds for bus services each year on a quarterly basis or as otherwise agreed. 31 For purposes of this Agreement the term "bus services" shall include both fixed route and 32 demand response services. As is consistent with the revenues received and the other transit 33 priorities under the Plan,TTA will provide estimated quarterly payments to the bus service 34 providers for service provided with a reconciliation based upon actual expenses incurred by 35 each provider on a subsequent quarterly basis or as otherwise agreed to. 36 37 6. All bus service providers receiving funding under the Plan will provide an annual 38 financial report on existing bus services, their recommendations for new or continuing service 39 priorities,their actual or expected costs and ridership information as reasonably requested to 40 TTA on an annual basis or as otherwise agreed to. It shall be the responsibility of TTA to 41 provide oversight of the new, enhanced or sustained bus services under the Plan to insure 42 compliance with the Intermodal Act requirements. All other legal requirements under federal 43 and state law shall be the responsibility of the respective bus service provider. TTA shall