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Agenda 06/10/2008 Item #16B 5 EXECUTIVE SUMMARY Agenda Item No. 16BQ June 10, 2008 Page 1 of 2~ ~ I \ Recommendation to approve projects utilizing Federal Transit Administration 5316 & 5317 Program Grants. OBJECTIVE: Recommendation to approve projects utilizing Federal Transit Administration (FTA) 5316 & FTA 5317 Program Grants. CONSIDERATIONS: The FTA created two new Federal Grant Programs: FTA 5316 and FTA 5317. The ITA 5316 Grant Program is titled "Job Access and Reverse Commute Program," The goal of the Job Access and Reverse Commute program CJARC) is to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals and to transport residents of urbanized areas and nonurbanized areas to suburban employment opportunities. The ITA 5317 Grant Program is titled "New Freedom Program." The New Freedom grant program aims to provide additional transportation to overcome existing barriers facing Americans with disabilities seeking integration into the work force and full participation in society. ~ Collier County's Metropolitan Policy Organization (MPO) recommended Collier County as the designated recipient for the grants to the State of Florida Governor's Office. Florida Department of Transportation, as the Governor's designee, designated the Collier County Board of County Commissioners the designated recipient of the ITA 5316 and ITA 5317 Grant Programs. One of the application requirements of the FT A 5316 and ITA 5317 grant programs is to have a Program Management Plan. The Program Management Plan is scheduled to be presented at the next Collier MPO Local Coordinating Board meeting. As the designated recipient, staff is requesting approval of the Program of PIOjects as outlined in the Program Management Plan. These are the projects that we could move forward with, should the ITA approve our grant program applications for FTA 5316 and FTA5317. I) Connection service to Lee County. 2) Weekend and / or personal trips for members of the disabled community. 3) Night service for job access. FISCAL IMP ACT: The projects will be fully funded by FT A grant funds and in-kind services. I ! ! i I I --- , I I I GROWI'H MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 in the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the projects utilizing FT A 5316 and 5317 grants. Prepared By: Sue Faulkner, Principal Planner, Alternative Transportation Modes Dept. Attachment: Collier Area Transit's PIOgram Management Plan H :i , J I I ~ :j ~ I i ;1 ; 'I j .,l ~ j , ";1 1 ~ 1 [1 ~~ i 1 :i " ,; " ~ ~i U ! ! * " r, ! " 11 I I " ~ i. i ~! Page 1 of2 Agenda Item No. 1685 June 10, 2008 Page 2 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1685 Recommendation to approve projects utilizing Federal Transit Administration 5316 & 5317 Program Grants Meeting Date: 611012008 90000 AM Prepared By Sue Faulkner Principal Planner Date Transportation Services Alternative Transportation Modes 5128/20082:52:35 PM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 5/28/20084:26 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 5/29/20082:41 PM A pproved By Barbara LaPierre Management/Budget Analyst Date Transportation Services Traffic Operations 5/29/20083:08 PM Approved By Therese Stanley Grants Coordinator Date Transportation Transportation Administration 5129/20083:29 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 5/29/20083:47 PM Approved By Marlene J. Foord Grants Coordinator ~;f/' ',\'i}' '~. ",,' '~:~1 , Administrative Services ---Admrnistrative'S.e-rV'ice's"Admi-n~ -' Date 5/29/2008 4:02 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 5/29/20084:10 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/30120089:36 AM Approved By file://C:\AgendaTest\Export\ 1 09-June%20 10,%202008\ 16.%20CONSENT%20AGENDA \16... 6/4/2008 Page 20f2 Agenda Item No. 16B5 June 10, 2008 Page 3 of 24 Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 6/3/20085:50 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/3/20086:00 PM file://C:\AgendaTest\Export\ 1 09-J une%20 I 0,%202008\ 16.%20CONSENT%20AGENDA\16... 6/4/2008 Agenda Item No. 16B5 June 10, 2008 Page 4 of 24 ca COLLIER AREA TRANSIT Collier Area Transit CAT Operations Center 8300 Radio Road Naples, FL 34104 Program Management Plan for 49 USC S 5316 - Job Access Reverse Commute (JARC) 49 USC S 5317-New Freedom Program 2008 Collier Area Transit's Mission is to identify and safely meet the transportation needs of Collier County, through a courteous, reliable, cost-effective, and environmentally sound team commitment. Agenda Item No. 16B5 June 10, 2008 Page 5 of 24 TABLE OF CONTENTS Purpose...,..................,....................,.,......................,....,....,............ ........3 StatutOlY Authority -49 USC S 5316 and S 5317 ...................................................3 Local Program Goals and Objectives ................................................................3 Funding Apportionment...."....................................... ........,..,.......... ........ .....4 Direct RecipientlSubrecipient Relationship............,..,. ............. ........... ..........., .....4 Designated Recipient Responsibilities.. .................... .............. ....... ................. .....5 Local Planning Process - Public Outreach and Stakeholder Participation .....................6 Eligible Applicants.. .............. ...... ..............,... ............ .... .... ..... ...... .....""" ,., ,.... 7 Eligible Project Costs and Funding Priorities .......................................................7 Program Priorities..."..., ............. .....,........................ ............................... ....8 Federal and Local Funding Match Requirements..................................................9 Project Selection Criteria and Method of Distributing Funds ................................... 9 Job Access and Reverse Commute Program I New Freedom Program Proposed Project Submission Guidelines...................,......... ....................... .................. ..10 Administration, Planning and Technical Assistance............................................. 12 Federal Requirements Related to FTA Funding Assistance.....................................13 Attachments ;.. Public Outreach Efforts ;.. RFP 2008-01 Request for Proposal for Job Access and Reverse Commute Program Projects and New Freedom Program Projects ;.. Sample FT A Master Agreement ;.. Sample FT A Certification and Assurances ;.. Sample FT A Required Third Party Contract Clause ;.. Levels of Responsibility for the Job Access and Reverse Commute Program and the New Freedom Program 2 Agenda Item No. 1685 June 10, 2008 Page 6 of 24 Purpose The Program Management Plan (PMP) is a document that describes a designated recipient's policies and procedures for administering the Federal Transit Administration (FTA) Job Access and Reverse Commute (JARC) Program and New Transit is required to have an approved PMP on file with the FTA Region IV Office and to update it regulally to incorporate changes in program management or new requirements. Collier Area Transit must provide an opportunity for review by stakeholders when it develops a new plan or significantly revises an existing plan. This is the first issuance of Collier Area Transit's PMP. The PMP is intended to facilitate both Collier Area Transit management and FTA oversight by documenting policies and procedures for administering JARC and NFP. The primary purposes are to serve as the basis for the Federal Transit Administration to perform designated recipient-level management reviews of the programs, and to provide public information on the administration of the programs. Statutory Authority -49 use ~ 5316 and ~ 5317 The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU, Pub. 1. 109-059), enacted on August 10, 2005 and codified at 49 U.S.C Chapter 53, authorizes 95316, the Job Access and Reverse Commute (JARC) Program and 95317, the New Freedom Program (NFP), among others. The JARC program is meant to ,improve transportation services, to. employment and related activities for welfare recipjt;ntS;.and pther . low-income individuals and to transport residents of urbanized' ana' 'nonillbanited areas t6 suburban employment opportunities. The purpose of the NFP is to provide additional tools to overcome existing baIriers facing Americans with disabilities seeking integration into the work force and full participation in society. Local Program Goals and Objectives The funds made available under JARC and NFP will further enhance transportation services within the coordinated system that serves residents and visitors of the greater Collier County area, especially individuals with disabilities and lower incomes. Collier Area Transit already provides service to the transportation disadvantaged through coordination and consolidation of trips. Coordinated trips are those provided by publicly funded agencies outside of, but coordinated by, Collier Area Transit. Consolidated trips ale directly provided under Collier Area Transit by consolidating several sponsored programs' trips to operate together on the same vehicles as though all are provided by the same program. These sponsoring programs include Collier Area Transit Federally mandated ADA program, the Federal Medicaid program, the State of Florida Transportation Disadvantaged (TD), and other agency sponsored trips. 3 Agenda Item No. 1685 June 10. 2008 Page 7 of 24 Like most transit systems across the country, however, there are needs that exist even beyond those being met by the Collier Area Transit family of services, especially for those who are not covered by a federally sponsored human service program. The greatest need identified by Collier Area Transit continued public outreach programs include connection service to Lee County our neighbors to the north of Collier County. Collier Area Transit is utilizing our Transportation Disadvantaged Services Plan as our locally coordinated transit-human services transportation plan Collier County. This plan identifies the transportations needs for the disabled, low income, high risk transportation disadvantaged community that currently do not qualifY for transportation services under current programs. An example is job access for disabled Collier County residents who need transportation to employment opportunities in Lee County. Funds made available under JARC and NFP will be used to bridge some of these gaps and improve access to jobs and community life for all individuals in the community, especially those with lower incomes or disabilities. Another major goal for the JARC and NF Programs is to build upon and strengthen partnerships among federal, state, regional, local, and private sector public transportation entities to improve public transportation planning and coordinate service delivery. Funding Apportionment Collier Area Transit funding apportionments to date for 5317 New Freedom Funds are as follows. 2006 $77,420.00 2007 $73,] 89.00 2008 $79,062.00 Collier Area Transit funding apportionments to date for 5317 JARC funds are as follows. 2006 . $73,314.00 2007 $77,282.00 2008 $83,722.00 Direct Recipient/Subrecipient Relationship Collier County was designated the recipient of funding under the JARC and NFP, in a letter dated March 18, 2008, from the State of Florida's Public Transportation and Modal Administrator, consistent with the requirements of 49 D.S.C. Section 5307(a)(2). As the designated recipient, Collier County I Collier Area Transit is the direct recipient and will apply to FT A for funds awarded under the two programs. 4 Agenda Item No. 1685 June 10, 2008 Page 8 of 24 Awardees other than Collier Area Transit that may be awarded funding through the competitive project selection process will be subrecipients of Collier Area Transit, and Collier Area Transit will pass funding through to any subrecipients. Designated Recipient Responsibilities The Florida Commission for the Transportation Disadvantaged, created in 1989, entered into an agreement with Collier County to assume the role of Community Transportation Coordinator (CTC). In its role as CTC for Collier County, Collier Area Transit has several initiatives in place to promote interagency coordination. Collier Area Transit's Transportation Disadvantaged Services Plan outlines these coordination efforts. The purpose and philosophy of this effort is to plan for the use of JARC and NFP funds in the coordinated system. Designated recipients are responsible for: "i- Conducting an area-wide competitive selection process; "i- Certifying a fair and equitable distribution of funds resulting from the competitive selection process; "i- Certifying that each project selected was derived from a locally developed, coordinated public transit-human services transportation plan; "i- CertifYing that local plans are developed through a process that included representatives of public, private, and non-profit transportation and human services providers and participation by the public. The designated recipient is not directly responsible for developing the coordinated plan, but is responsible for ensuring that the plan from which a selected project was derived was developed in comp liance with the statutory requirements. An agency or organization other than the designated recipient may take the lead in developing the coordinated plan; "i- Managing all aspects of grant distribution and oversight for subrecipients receiving funds under this program; and "i- Submitting reports as required by FT A. Although the designated reCIpIents are responsible for conducting the competitive selection process, they may establish alternative arrangements to administer and conduct the competitive process. Collier Area Transit intends to apply for funding under both the JARC program and NFP. Collier Area Transit has conducted extensive public outreach. Collier Area Transit intends to continue to conduct extensive public outreach, identifY projects, publish a Request for Proposal for indentified projects, and conduct a competitive selection process. 5 Agenda Item No. 1685 June 10, 2008 Page 9 of 24 Collier Area Transit will submit the final recommendations to the Board of Collier County Commissioner for approval of the recommended project and I or firm I agency selected. As such, Collier Area Transit will not be providing for the provision of service under an indentified project, rather will serve in an oversight capacity. Local Planning Process - Public Outreach and Stakeholder Participation Starting in Federal Fiscal Year 2007, projects funded through three programs included in SAFETEA-LU - Job Access and Reverse Commute (JARC) (Section 53l6), New Freedom (Section 5317) and Elderly Individuals and Individuals with Disabilities (Section 5310) - are required to be derived from a Locally Developed Coordinated Public Transit- Human Services Transportation Plan. SAFETEA-LU guidance issued by FT A indicates that the plan should be a "unified, comprehensive strategy for public transportation service delivery that identifies the transportation needs of individuals with disabilities, older adults, and individuals with limited income, lays out strategies for meeting these needs, and prioritizes services." The minimum required plan contents include: "i- Identification of current providers and services, "i- Assessment of transportation needs of older adults, persons with disabilities, and individuals with low income as appropriate, "i- Identification of strategies and/or activities to address those needs and service gaps, "i- Implementation priorities, based on time, resources, and feasibility. A key component of the planning process is the public outreach/stakeholder input into the coordinated plan. Program guidance requires public outreach and public participation in the planning process. Partners, at a minimum, must include public, private, non-profit and human services transportation providers as well as representatives of target populations. Each area receiving funds is encouraged to identify and include other stakeholders in the service area. In its role as the Community Transportation Coordinator for Collier County, Collier Area Transit already has an extensive list of partners. These partners received individual invitations to a series of public meetings in preparation for this plan. As part of our long term planning efforts, Collier Area Transit will continue to outreach to social service agencies, local elected officals, and the transportation disadvantaged population for continuous input of unmet transportation needs and to identify creative, innovative solutions to meet those needs. This effort is supplemented by placing public notices in the local newspaper in an effort to encourage attendance of target populations at the meetings. These stakeholder meetings include the Metropolitan Planning Organization, and the MPO Transportation Disadvantaged Local Coordinating Board. 6 Agenda Item No. 1685 June 10, 2008 Page 10 of 24 Topics of discussion at stakeholder meetings included, but were not limited to; "i- JARCINFP funding and eligible projects >- Objectives for both programs >- Collier County as the designated CTC >- Respective roles of the stakeholders "i- Local challenges and next steps. Stakeholder meetings are held on a continuous basis, updates on the 5316 and 5317 programs are provided on a regular basis, providing the opportunity for input and comments on program direction. Eligible Applicants Those eligible to apply for JARC and NFP funding include: >- Private nonprofit organizations; >- State or local governmental authorities; and >- Operators of public transportation servIces, including private operators of public transportation services. Eligible Project Costs and Funding Priorities Job Access and Reverse Commute Program. JARC funds are available for capital, planning, and operating expenses that support the development and maintenance of transportation services designed to transport low-income individuals to and from jobs and activities related to their employment and to support reverse commute projects. More detailed infornlation on the program and project eligibility can be found in FTA guidance circular: FT AC9050.1 at http://www.fta.dot.gov/documents/FTA_C_9050.I_JARC.pdf. New Freedom Program. NFP funds are available for capital and operating expenses that support new public transportation services beyond those required by the American with Disabilities Act of 1990 (ADA) and new public transportation alternatives beyond those required by the ADA designed to assist individuals with disabilities with accessing transportation services, including transportation to and from jobs and employment support services. For the purposes of NFP, "new" service is any service or activity that was not operational on August 10, 2005 (the date on which the program was enacted). In other words, if not for the NFP, these projects would not have consideration for funding and proposed service enhancements would not be available for individuals with disabilities. 7 Agenda Item No. 1685 June 10. 2008 Page 11 of 24 More detailed information on the program and project eligibility can be found in FT A guidance circular FTA C 9045.1 at: Http://www.fta.dot.gov/documents/FTA_C _9045. I_New ]reedom.pdf. Program Priorities The list was divided into three broad categories ~ Service, Accessibility and Enhancements. The list of potential projects types are: Service Collier Area Transit through its extensive public outreach programs have identified, and prioritized a Program of Projects that ranks the top three potential projects. These projects have been identified as service not able through Collier Area Transit, fixed route or paratransit service for members of the disabled, low income, high risk transportation dependent population in Collier County. >- Connection service to Lee County >- Weekend personal trips for members of the disabled community >- Night service for job access These potential project types are indentified as area of unmet or underserved transportation needs. These types include expansion of service to areas currently not served by public transportation, paratransit trips that currently do not qualifY under programs, and increased access to employment opportunities. Accessibilitv Other potential projects include sidewalks, additional benches and / or shelters, and enhanced travel training programs. Enhancements Other potential projects include installation of automatic vehicle locator systems, improved signage, and GIS technology upgrades. COLLIER AREA TRANSIT 5316 5317 PROJECT PRIORITIES Service Hil!h Accessibility Medium Enhancements Low Federal and Local Funding Match Requirements 8 Agenda Item No. 1685 June 10, 2008 Page 12 of 24 JARC and NFP funds can be used for capital or operating expenses, and JARC funds can also be used for planning. The Federal share for capital and planning costs may not exceed 80 percent of the net cost of the activity, with a local match of not less than 20 percent required. The Federal share of the eligible operating costs rnay not exceed 50 percent of the net operating costs of the eligible activity, with a local share of 50 percent required. The project sponsor is responsible for securing a commitment for local matching funds. All of the local share must be provided from other than Federal Department of Transportation funds: Federal funds from other sources may be used for all or part of the "local" match. Income from contracts to provide human service transportation may be used either to reduce the net projects cost (i.e., treated as revenue) or to provide local match for operating assistance. In either case, the cost of providing the contract service is included in the total project cost. Other Federal funds that are eligible to be expended for transportation may be used for local match for activities included in the total net project costs of the FT A grant and include: employment training, community services, vocational rehabilitation services, and Temporary Assistance for Needy Families (T ANF). Examples of other types of Federal funding that may be available as match can be found at: www.unitedweride.gov. Other sources of local match include: State or local appropnatJons; dedicated tax revenues; private donations; toll revenue credits; and net-income generated from advertising and concessions. Project Selection Criteria and Method of Distributing Funds The designated recipient, Collier Area Transit, is responsible for conducting the competitive selection process. The designated recipient may, however, establish alternative arrangements to administer and conduct the competitive process. Collier Area Transit will issue a project proposal solicitation announcement, the availability of which will be announced local newspapers. The announcement will describe the application, evaluation, and project approval process for the JARC and NFP. Collier Area Transit will respond to any questions by notifying all interested parities so the questions and responses so that all applicants can benefit from any additional infomlation. The projects will be reviewed and evaluated, and application for all projects selected for funding is expected to be approved and funds obligated by FT A. 9 Agenda Item No. 1685 June 10, 2008 Page 13 of 24 Collier Area Transit will assess the process used for the first competitive solicitation, evaluation, review, and selection of projects and revise the process if appropriate based on the assessment. Applicants may request funding for proj ect of from one to two years' duration. Due to funding linlitations, applicants may be approved for less funding than requested. The application content and project evaluation criteria that will be used to evaluate the project proposals appear below. Job Access and Reverse Commute Program / New Freedom Program Proposed Project Submission Guidelines Collier Area Transit will accept sealed proposals at the CAT Operations Center, 8300 Radio Road, Naples, FL 34104 on May 27, 2008 at 2:00 p.m. Proposals will not be accepted after this time. Proposals shall be opened, logged at 2:00 p.m. on May 27, 2008. Proposals received pursuant to Requests for Proposals are exempt from the provisions of the Public Records Law until such time as an award decision is made or within ten (10) days after the proposal opening, whichever is earlier. Submitted envelopes should be clearly marked "RFP 2008-01 Request For Proposal For Job Access and Reverse Commute Program and New Freedom Program". Proposing firms / agencies should submit an original and two (2) complete copies of their proposal (total of three (3) packets). Proposals are to be addressed as follows for either mail or hand delivery: General Manager Collier Area Transit CAT Operations Center 8300 Radio Road Naples, FL 34104 Offers by telephone or telegram shall not be accepted. Also, Proposers are instructed NOT to fax their proposal. Faxed proposals shall be rejected as non-responsive regardless of where or when the fax is received. It is the sole responsibility of the Proposer to ensure that his or her proposal reaches the Collier Area Transit on time. Proposals received after the specified time and date shall be returned unopened. The time/date phone system clock located in at Collier Area Transit's CAT Operations Center shall serve as the official authority to determine lateness of any proposal. Proposers are cautioned that they are responsible for delivery to the specific location cited above. Therefore, if your proposal is delivered by an express mail carrier or by any other means, it is your responsibility to ensure delivery to the above address. This office will not be responsible for deliveries made to any place other than the herein specified address. lO Agenda Item No. 1685 June 10. 2008 Page 14 of 24 The information in each application is a public record. Applicants should not include information that may be regarded as confidential. All applicants will be notified of funding recommendations by Monday, June 2, 2008. These recommendations will be submitted to the Board of Collier County Commissioners for final approval of projects to be funded. The Board of Collier County Commissioner is scheduled to hear final recommendation on June 10, 2008. Upon Board of Collier County Commission approval, the final award of projects to be funded will be submitted to the Federal Transit Administration for approval of the 49 USC S 5316 - Job Access Reverse Commute (.TARC) and 49 USC S 5317-New Freedom Program funds. Successful applicants will receive a letter that describes the forms and processes that they will need to complete in order to access FT A funds. All applicants selected for funding under either or both programs must comply with all appropriate FT A terms and conditions. Before entering into an agreement with Collier Area Transit, the successful applicants will be required to sign and have notarized the following: >- FT A FY 2008 Master Agreement >- FT A FY 2008 Certifications and Assurances >- FT A Required Third Party Contract Clauses See Attachment - RFP 2008-01 Request for Proposal for Job Access and Reverse Commute Program and New Freedom Program The selection criteria includes the following. I. Proiect Description / Local Needs - Proiect Goals/Obiectives (20 Points) Does the project meet the needs of one of the tlrree ranked projects identified in the Program of Projects? >- Connection service to Lee County "i- Weekend personal trips for members of the disabled community "i- Night service for job access 2. Coordination and Cooperation (25 Points) Does this project identifY this firm's / agency coordination and cooperation efforts with existing local transportation providers? 3. Implementation Plan (15 Points) II Agenda Item No. 1685 June 10. 2008 Page 15 of 24 Does this project's timetable seem reasonable? Can this project be implemented during Fiscal Year 2009? Is this project's implementation plan feasible? 4. Managerial Capabilitv (J 5 Points) Is this project's management staff experienced? Do they have adequate human resources? Do they have a comprehensive training program for drivers? 5. Fiscal Capabilitv (15 Points) Does this firm / agency have the financial stability to successfully implement this project? Is the 20% local share for capital projects and / or the 50% local share for operating projects stable? 6. Program Effectiveness (10 Points) Does this project contain measurable performance measures? What are the identified bench marks to measure this project's success? Collier Area Transit will lead the review and evaluation team to make project funding recommendations. The project evaluation team is made up of members that represent the interests of individuals with disabilities and individuals with lower incomes. The Collier County Board of Directors will approve projects to be funded. This action will allow projects to be included in the Florida STIP, and be a precondition to submitting the Program of Projects to FT A. Successful applicants will receive a letter that describes the forms and processes that they will need to complete in order to access FT A funds. Applicants not recommended for funding will receive a letter summarizing the reason(s) their project was not recommended. Administration, Planning and Technical Assistance Collier Area Transit intends use the fund appropriated in the Bonita Springs - Naples UZA for projects. It is our philosophy that these programs were intends to fill a gap in service to met an unmet transportation needs. It is our goal to make every effort to support projects and to maximize resources for projects that provide transportation servIces. Collier Area Transit will be responsible for providing program management oversight and technical assistance as needed in conjunction with Collier County Alternative Transportation Modes staff. Technical assistance will be provided on either a one-on-one basis or Collier Area Transit will conduct a technical assistance workshop for subrecipients selected for funding under either or both programs, depending on the number of subrecipients selected and their level of need. The method Collier Area Transit will use will be determined once project selections have been made in this first cycle of competition for JARC and NFP funds. 12 Agenda Item No. 1685 June 10, 2008 Page 16 of 24 ~ Please see the Attachment Section for Levels of Responsibility for the Job Access and Reverse Commute Program and the New Freedom Program. Federal Requirements Related to FTA Funding Assistance As the designated recipient and direct FT A recipient, Collier County / Collier Area Transit is responsible for managing all aspects of grant distribution and oversight of subrecipients receiving funds under this program, and submitting reports as required by FT A. Collier County / Collier Area Transit is responsible for ensuring compliance of itself and its subrecipients with all relevant Federal requirements. FT A grantees and their subrecipients are held to a number of FT A-specific and other Federal requirements, including labor protections required under 49 U.S.C 5333(b) (labor protection requirements do not apply to NFP). Subrecipients should carefully review all requirements provided in circulars ensure a thorough understanding of their responsibilities related to Federal requirements. ..- Grantees make legal affirmation to abide by FT A and other Federal requirements by signing a Master Agreement and the current fiscal year Certifications and Assurances Collier County / Collier Area Transit, as the direct recipients of FT A funding, will enter into agreements with subrecipients that include relevant requirements including but not limited to the following. Private Sector Pmiicipation Federal law requires the public to be involved in the transportation planning process, and specifically requires that private providers be provided an opportunity to be consulted in developing transportation plans. Public involvement processes must be proactive and provide complete information, timely public notice, full public access to key decisions, and opportunities for early and continuing involvement throughout the transportation planning and programming process. Public input was provided through stakeholder meetings. These meetings were used as opportunity to provide information on grant programs, solicit information on unmet transportation needs, to develop an inventory of transportation service / capacity, to obtain suggestions for solutions to areas of urunet transportation needs, and provided the opportunity for stakeholders to rank the projects in priority order. This resulted in Collier Area Transit's Program of Projects which are documented in our Transportation Disadvantaged Services Plan, a locally coordinated human services plan. Maximum feasible participation by private sector providers is fostered by awarding project evaluation points for projects that have been developed through such partnerships. Civil Rights 13 Agenda Item No. 1685 June 10, 2008 Page 19 of 24 and annual reports, and review of invoices remitted for payment of operating and/or capital costs. Collier County / Collier Area Transit will visit each subrecipient at least once a year to monitor compliance with Federal requirements and program guidance and to provide or arrange for any technical assistance a subrecipient may need. Collier County / Collier Area Transit will use a checklist (to be developed) and provide a summary of each visit, which it will keep on file and may make available to FTA during any Federal program management reviews. Procurement Procedures used by subrecipients to purchase eligible items with JARC and NFP grant funds must ensure competitive procurement and conformity to applicable federal law, including 49 CFR Part 18, specifically Section l8.36 and FT A Guidance Circular: FT A C 4229.lE, "Third Party Contracting Requirements." Subrecipients must perform in accordance with terms, conditions, and specifications of their contracts or purchase orders. Collier County / Collier Area Transit will ensure that every subgrant includes any clauses required by Federal or state statute and executive orders and their implementing regulations. Collier County / Collier Area Transit s Procurement and Contract Administration, Administrative Rule 4, provides more information on statutes and requirements and documents the process Collier County / Collier Area Transit uses to contract for labor, services, goods and materials for its business. Pre-award and Post-delivery Deliverv Reviews Subrecipients that purchase rolling stock for use in revenue service must conduct a pre-award and post-deliver review to assure compliance with bid specifications, Buy America requirements, and Federal motor vehicle safety requirements. Only purchases of more than 10 vehicles, other than unmodified vans or sedans, requires in-plant inspection. Collier County / Collier Area Transit will obtain the certifications from subrecipients through the subrecipient agreement. Collier County / Collier Area Transit will prepare a checklist for its subrecipients to use in complying with FTA's pre-award audit requirements. The checklist will address "Buy America;" Federal Motor Vehicle Safety Standards; Bus Testing, and the subrecipient's own specifications. Subrecipients are required to verify certified information by use of the checklist during the visit at the manufacturer's factory. Collier County / Collier Area Transit will prepare a checklist (Visual Inspection Form and Road Test Form) for the subrecipient's use in the post-delivery inspection of the vehicle(s). A copy of the completed checklist is required when the subrecipient submits their request for reimbursement. New Model Bus Testing New and modified bus models must be tested at the FT A-sponsored test facility in AJtoona, Pennsylvania. Purchasers of new model buses should ensure that the manufacturer has complied with the testing requirement by requesting a copy of the 16 Agenda Item No. 1685 June 10, 2008 Page 20 of 24 bus testing report from the Altoona Bus Research and Testing Center, 2237 Old Route 220 North, Duncansville, PA 16635. The center's phone number is 814- 6953404, and bus testing reports may also be downloaded from the Bus Testing Database at www.altoonabustest.com. Collier County / Collier Area Transit will obtain certifications from subrecipients that purchase new model buses that it has obtained a copy of the official bus testing report. Buy America. FT A may not obligate funds for a grantee project unless all steel, iron, and manufactured products are produced in the United States, unless the product is subject to a general waiver, or a waiver has been granted. Buy America requirements apply only if the purchase exceeds the threshold for small purchases, currently $100,000. For purchases over this threshold, Collier County / Collier Area Transit will review during site visits invitations for bids to determine if Buy America provisions are included, and examine bid responses and executed contracts to determine if properly executed Buy America certifications have been obtained. Disadvantaged Business Enternrise Collier County / Collier Area Transit must ensure that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FT A-assisted transit vehicle procurements, do not discriminate against DBEs has complied with the requirements of 49 CFR part 26. Debarment and Suspension To prevent fraud, waste, and abuse in Federal transactions, Collier County / Collier Area Transit is responsible for ensuring that Federal funs are not provided to anyone who has been debarred, suspended, ineligible, or voluntarily excluded from participation in Federally-assisted transactions. The U.S. General Services Administration (GSA) maintains a website at www.epls.gov, which is updated in real time as changes to data occur. Collier County / Collier Area Transit will review during site visits a subrecipient's transactions, particularly for vehicles and equipment, to verifY that checks have been made. Restrictions on Lobbving Recipients of Federal grants and contracts exceeding $100,000 must certifY that they have not and will not use Federal appropriated funds to pay for influencing or attempting to influence an officer or employee of any Federal department or agency, a member of Congress, or an officer or employee of Congress in connection with obtaining any Federal grant, cooperative agreement or any other Federal award. Collier County / Collier Area Transit requires each subrecipient receiving more than $100,000 to complete FTA's Certification on Lobbying prior to contract execution. All bids for equipment prepared by these subrecipients are required to contain this certification as well. Vehicle Use 17 Agenda Item No. 1685 June 10, 2008 Page 21 of 24 Vehicles must remain in use for the purposes intended by the Federal program under which they are purchased. MaxinIum use of vehicles is encouraged, first for program related purposes, then for other federal program and project purposes, and finally for other community needs. Collier County / Collier Area Transit is responsible for ensuring satisfactory continuing control over all vehicles purchased under JARC and NFP and must ensure that vehicles are insured and used for eligible public transit purposes. If subrecipients intend to take vehicles out of service for program purposes, they must notifY Collier County / Collier Area Transit before doing so. Subrecipients must remit the federal percentage share 0 f the equipment's current fair market value to Collier County / Collier Area Transit. The fair market value is determined by obtaining an independent appraisal of the equipment. The teffilS and conditions of vehicle use, disposition, and insurance requirements will be included in the subrecipient agreements prior to awarding funds for vehicles. Collier County / Collier Area Transit will maintain an inventory of all vehicles purchased under each program, and will require subrecients to submit annual vehicle use reports (miles, hours, passengers, trip purpose) to ensure that vehicles are used in accordance with program requirements and are not underused. Vehicle Maintenance Collier County / Collier Area Transit is responsible for ensuring that federally funded equipment and facilities are kept in good operating order. As part of their standard subrecipient agreements, Collier County / Collier Area Transit will require subrecipients to follow manufacturer's suggested maintenance activities and schedules to ensure they maintain equipment in good operating order and perform pre-trip inspections of vehicles. Collier County / Collier Area Transit will check subrecipient maintenance records and may inspect vehicles during site visits. Exclusive School Bus Transportation Subrecipient agreements will include provisions related to compliance with 49 U.S.C. 5323(t) and FT A regulations, "School Bus Operations," at 49 CFR 605.14. Subrecipients must agree that they will: (l) not engage in school transportation operations in competition with private school transportation operators only to the extent permitted by 49 U.S.c. 5323(t), and Federal regulations; and (2) comply with the requirements of 49 CFR part 605 before providing any school transportation using equipment or facilities acquired with Federal assistance authorized by 49 U.S.C. chapter 53 or Title 23 U.S.c. for transportation projects. Drug and Alcohol Testing 18 Agenda Item No. 1685 June 10, 2008 Page 22 of 24 Upon notification of grant award to a subrecipient, Collier County / Collier Area Transit will require that subrecipients submit their policies and procedures to Collier County / Collier Area Transit for review and approval. Collier County / Collier Area Transit will provide technical assistance to the subrecipient in the form of training, networking, policy development, and distribution of FT A's publication Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit. To monitor a subrecipient's compliance with the drug abuse and alcohol misuse requirement, Collier County / Collier Area Transit will develop a checklist identifYing each of the required elements including: policies, procedures for distributing policies, training elements, minimum definition of supervisors subject to training, minimum frequency for training, verification of attendance at training; method of selecting participants for random testing, procedures for conducing testing, and designation of a medical review officer. Collier County / Collier Area Transit will use the checklist during onsite visits. Collier County / Collier Area Transit will require subrecipients to submit annual reports to verify compliance with the regulations. Program Reporting Requirements Collier County / Collier Area Transit is responsible for ensuring certain reports are provided to FT A each year. In order to provide these reports for services provided by Collier County / Collier Area Transit and its subrecipients, it will be necessary for Collier County / Collier Area Transit to collect certain data from each subrecipient. In order for Collier County / Collier Area Transit to be able to report to FT A by the end of the month after the end of each Federal fiscal year quarter, subrecipients will be responsible for submitting to Collier County / Collier Area Transit the following information by the 15th of December, April, July, and October. Annual reports are due by the 15th of October. The reports that Collier County / Collier Area Transit will provide to FT A each year are: Annual Program of Proiects Status Reports Collier County / Collier Area Transit will submit quarterly status reports that include an updated POP for each approved grant which contains active projects. The updated POP reflects project descriptions, changes in projects from one category to another, and adjustments if applicable. Significant civil rights compliance issues occurring during the year (such as Title VI, Equal Employment Opportunity (EEO), or Disadvantaged Business Enterprise (DBE) Program complaints against Collier County / Collier Area Transit or subrecipients) will be addressed in the annual status report. Collier County / Collier Area Transit will also report notable accomplishments or problems involving JARC or NFP subrecipients. Collier County / Collier Area Transit will develop a report form for information needed from sub recipients. Milestone Activity Reports 19 Agenda Item No. 1685 June 10, 2008 Page 23 of 24 For activity line items (ALIs)for which milestones were required at the time of recipient application (for example, for vehicle procurements, construction projects, and program reserve), Collier County / Collier Area Transit will provide revised milestone dates as part of the annual report. If the estimated completion date for the grant has changed, the revised date will be provided with an explanation as to why the date has changed. This information will be reported for Collier County / Collier Area Transit activities and those of its subrecipients. Program Measures Collier County / Collier Area Transit will also collect from subrecipients data to be included in its annual report to FT A related to measures that FT A uses to comply with the Government Performance and Results Act (GPRA) and the Performance Assessment Rating Tool process for the Office of Management and Budget. The following indicators are targeted to capture overarching program information as part of Collier County / Collier Area Transit's fourth quarter POP status report for the JARC program. Collier County / Collier Area Transit will collect the following information from subrecipients in their annual report: Actual or estimated number of jobs that can be accessed as a result of geographic or temporal coverage of JARC projects implemented in the current reporting year. Actual or estimated number of rides (as measured by one-way trips) provided as a result of the JARC projects implemented in the current reporting year. The following indicators are targeted for the NFP: Services provided that impact availability of transportation services for individuals with disabilities as a result of the New Freedom projects implemented in the current reporting year. Examples include geographic coverage, service quality and/or service times. Additions or changes to environmental infrastructure (e.g., transportation facilities, side walks, etc), technology, vehicles that impact availability of transportation services as a result of the New Freedom projects implemented in the current reporting year. Actual or estimated number of rides (as measured by one-way trips) provided for individuals with disabilities as a result of the New Freedom projects implemented in the current reporting year. Financial Status Report Collier County / Collier Area Transit submits quarterly Financial Status Reports. Each subrecipient is responsible for accurate and complete disclosure of its project related expenditures. Disadvantaged Business Enternrise (DBE) Reports 20 Agenda Item No. 1685 June 10, 2008 Page 24 of 24 ,~ Recipients that receive planning, capital, and/or operating assistance and will award prime contracts exceeding $250,000 in FT A funds in a fiscal year must have a DBE program. All subrecipients that receive planning, capital, and/or operating assistance and will award prime contracts exceeding $250,000 in FT A funds in a fiscal year must also have a DBE program and submit a DBE program goal to FT A for review by August I of each year. ,--. r- 21