HomeMy WebLinkAboutAgenda - 11-06-2014 - 5dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 6, 2014
Action Agenda
Item No. 5 -d
SUBJECT: North Carolina Community Transportation Program Administrative and Capital
Grant Applications for FY 2016
DEPARTMENT: Planning /Transportation PUBLIC HEARING: (Y /N) Yes
ATTACHMENT(S):
1. Community Transportation Program Resolution
2. FY 2014 Certifications and Assurances
Signature Pages (FY 2016 to be received at a
later date)
3. Public Hearing Notice
4. Local Share Certification Form
INFORMATION CONTACT:
Peter Murphy, Transportation
Administrator, 919 - 245 -2002
Bret Martin, Transportation Planner,
245 -2582
Craig Benedict, Planning Director 919-
245 -2004
PURPOSE: To conduct an annual public hearing on the North Carolina Community
Transportation Program (CTP) grant application by Orange Public Transportation (OPT) for
FY 2016 and approve the grant application that includes adopting a resolution authorizing
the applicant to enter into an agreement with the North Carolina Department of
Transportation ( NCDOT), and authorize the County Attorney to review and complete the
necessary certifications and assurances.
BACKGROUND: Each year, the NCDOT Public Transportation Division accepts requests
for administrative and capital needs for county- operated community transportation
programs. OPT is eligible to make application for both administrative and capital funding.
The current year FY 2015 - approved application includes $185,604 in administrative funding
and $482,489 in capital funding for replacement vehicles with total expenses equaling
$668,093.
The total CTP funding request for FY 2016 is $166,765 for community transportation
administrative expenses and an additional $232,286 for capital expenses. This draft grant
application is made for expenses totaling $399,051.
Grant funds for administrative purposes will continue to be used to support overall transit
systems management and operations and will continue to promote general ridership. Grant
funds for capital items include the replacement of three (3) buses exceeding their useful life
mileage thresholds in OPT's fleet. A public hearing (Attachment 3) is requested with the
opportunity for public discussion and comment before the Board takes action on the
resolution (Attachment 1). The acceptance of these grant funds requires compliance with
the annual certifications and assurances, for which the signature pages are attached
(Attachment 2). The attached signature pages are for the certifications and assurances for
FY 2014. The FY 2016 certifications and assurances signature pages are very similar to
those for FY 2014; however, the County has not yet received them from NCDOT. When
received, they will be forwarded to the County Attorney and Chair for review and
signatures.
FINANCIAL IMPACT: The NCDOT CTP grant requires a 15% local match ($25,015) for
administrative expenses and a 10% local match ($23,229) for capital expenses for a total of
$48,244. As a comparison, the total CTP grant amount requested for FY 2015 was
$185,604 for administrative expenses ($27,841 local match) and $482,489 for capital
expenses ($48,250 local match), a reduction of $269,042 in total expenses ($27,847 local
match) from FY 2015 to FY 2016.
The indicated local match amounts will be requested in the upcoming FY 2016 budget
cycle and must be committed from Orange County's budget for the performance period of
July 1, 2015, through June 30, 2016 (FY 2016), as indicated in the attached Local Share
Certification for Funding form (Attachment 4). This will require Orange County to obligate
funding in its next budget cycle for these expenses. A total of $48,244 would come from the
County's general operating budget.
RECOMMENDATION(S): The Manager recommends the Board-
1 . Conduct a public hearing to receive public comments on the proposed grant
application;
2. Close the public hearing;
3. Approve the Community Transportation Program Grant application for FY 2016 in
the total amount of $399,051 with a local match total of $48,244 to be provided when
necessary;
4. Approve and authorize the Chair to sign the Community Transportation Program
Resolution and the Local Share Certification for Funding form; and
5. Authorize the Chair and the County Attorney to review and sign the annual certified
statements of participation.
K
RES- 2014 -068 ATTACHMENT 1
COMMUNITY TRANSPORTATION PROGRAM RESOLUTION
Section 5311
FY 2016 RESOLUTION
Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the
North Carolina Department of Transportation, provide the necessary assurances and the required local match.
A motion was made by (Board Member's Name) and seconded by (Board Member's Name or N /A, if not required) for the
adoption of the following resolution, and upon being put to a vote was duly adopted.
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina
have designated the North Carolina Department of Transportation ( NCDOT) as the agency responsible for
administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of
Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to
provide assistance for rural public transportation projects; and
WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the
provision of rural public transportation services consistent with the policy requirements for planning, community
and agency involvement, service design, service alternatives, training and conference participation, reporting and
other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program,
and fully allocated costs analysis); and
WHEREAS, Orange County hereby assures and certifies that it will provide the required local matching funds; that
its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required
training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations,
executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made
to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title
18, U. S. C.
NOW, THEREFORE, be it resolved that the Chair of the Orange County Board of Commissioners is hereby
authorized to submit a grant application for federal and state funding, make the necessary assurances and
certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation
services.
I (Certifying Official's Name) (Certifying Official's Title) do hereby certify that the above is a true and correct copy of
an excerpt from the minutes of a meeting of the Orange County Board of Commissioners duly held on the 6th day of
November, 2014.
Signature of Certifying Official
"Note that the authorized official, certifying official, and notary public should be three separate individuals.
Seal Subscribed and sworn to me (date)
Notary Public "
Printed Name and Address
My commission expires (date)
ATTACHMENT 2
M
STATE FISCAL YEAR 2014
FEDERAL (FTA) / STATE ( NCDOT) CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE
(Required of all Applicants)
AFFIRMATION OF APPLICANT
Legal Name of Applicant:
Orange County
Name and Relationship of Authorized Official:
Mr. Barry Jacobs, Chair Orange County Commissioners
BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make
these Certifications and Assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply
with all Federal /State statutes and regulations, and follow applicable Federal /State guidance, and comply with the
Certifications and Assurances as indicated on the foregoing page applicable to each application it makes to North
Carolina Department of Transportation ( NCDOT) for FTA (Federal Transit Administration) and for State assistance
in State Fiscal Year 2014, irrespective of whether the individual that acted on its Applicant's behalf continues to
represent the Applicant.
NCDOT and FTA intend that the Certifications and Assurances the Applicant selects on the preceding Certifications
and Assurances group selection page should apply, as provided, to each Project for which the Applicant seeks now,
or may later seek State or (FTA) Federal assistance during State Fiscal Year 2014.
The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the
statements submitted with this document and any other submission made to NCDOT, and acknowledges that the
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to the
NCDOT and FTA. The criminal provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission
made in connection with a Federal public transportation program authorized in 49 U.S.C. chapter 53 or any other
statute.
In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and
any other statements made by me on behalf of the Applicant are true and correct.
Signature of Authorized Official
Mr. Barry Jacobs, Chair Orange County Commissioners
Name /Title of Authorized Official
Seal Subscribed and sworn to me (date)
Notary Public
Printed Name and Address
My commission expires (date)
Date Signed
ATTACHMENT 2
AFFIRMATION OF APPLICANT'S ATTORNEY
(Required of all Applicants)
For (Legal Name of Applicant):
Orange County
As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority
under State, local, or tribal government law, as applicable, to make and comply with the Certifications and
Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and
Assurances have been legally made and constitute legal and binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or
imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its
FTA/NCDOT Project or Projects.
Signature of Attorney for Applicant
Mr. John Roberts, Orange County Attorney
Name of Attorney for Applicant
Seal Subscribed and sworn to me (date)
Notary Public
Printed Name and Address
My commission expires (date)
Date Signed
ATTACHMENT 2
(Required of all Applicants, except an Indian tribe or a tribal organization)
CERTIFICATION AND RESTRICTIONS ON LOBBYING
I Mr. Barry Jacobs , on behalf of
Name of Authorized Official
Orange County
Legal Name of Applicant
Hereby certifies that:
No Federal /State appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal /State agency, a Member
of Congress or State Legislature, an employee of a member of Congress or State Legislature, or an officer or
employee of Congress or State Legislature in connection with the awarding of any Federal /State contract, the
making of any Federal /State grant, the making of any Federal /State loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal /State contract,
grant, loan, or cooperative agreement.
If any funds other than Federal /State appropriated funds have been paid or will be paid to any person
influencing or attempting to influence an officer or employee of any Federal /State agency, a Member of
Congress or State Legislature, an employee of a member of Congress or State Legislature, or an officer or
employee of Congress or State Legislature in connection with the Federal /State contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for all
sub - awards at all tiers (including sub - contracts, sub - grants and contracts under grants, loans, and cooperative
agreements) and that all sub - recipients shall certify and disclose accordingly.
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Signature of Authorized Official
Seal Subscribed and sworn to me (date)
Notary Public
Printed Name and Address
My commission expires (date)
ATTACHMENT 2
7
(Required of all Applicants that currently operate or plan to procure inaccessible vehicles)
CERTIFICATION OF EQUIVALENT SERVICE
I Mr. Barry Jacobs , on behalf of
Name of Authorized Official
Orange County
Legal Name of Applicant
Hereby certifies that:
The demand responsive service offered to individuals with disabilities (as defined in 49 CFR 37.3), including
individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without
disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is
equivalent with respect to:
1) Response time;
2) Fares;
3) Geographic service area;
4) Hours and days of service;
5) Restrictions or priorities based on trip purpose;
6) Availability of information and reservation capability; and
7) Constraints on capacity or service availability.
In accordance with 49 CFR 37.77, public funded entities operating demand responsive systems for the general
public which receive financial assistance under section 18 of the Federal Transit Act must file this certification
with the appropriate state program office before procuring any inaccessible vehicle. NCDOT also requires state
funded entities that do not receive Federal Transit Administration (FTA) funds to file this certification as well.
This certification is valid for no longer than one year from its date of filing.
The NCDOT Public Transportation Division requires all participants to certify equivalent service when
requesting to purchase non -ADA accessible vehicles. By signing this certification, the above -named agency is
certifying that it has a mechanism in place to provide rides to individuals with disabilities. The ride must be
provided in a manner equivalent to the service provided by the above -named agency to individuals without
disabilities.
Signature of Authorized Official
Seal Subscribed and sworn to me (date)
Notary Public
Printed Name and Address
My commission expires (date)
ATTACHMENT 3
PUBLIC HEARING NOTICE
This is to inform the public that a public hearing will be held on the proposed Orange County Community
Transportation Program Application to be submitted to the North Carolina Department of Transportation
no later than November 15, 2014. The public hearing will be held on November 6, 2014, 7:00 pm at
Orange County Whitted Human Services Building, 300 W Tryon Street, Hillsborough, N.C., 27278
before the Orange County Board of County Commissioners.
Those interested in attending the public hearing and needing either auxiliary aids and services under the
Americans with Disabilities Act (ADA) or a language translator should contact Peter Murphy on or before
November 6, 2014, at telephone number 919 245 -2002 or via email at pmurphy @orangecountync.gov.
The Community Transportation Program provides assistance to coordinate existing transportation
programs operating in Orange County as well as provides transportation options and services for the
communities within this service area. These services are currently provided using fixed, demand
response, deviated fixed, and subscription routes. Services are rendered by Orange County Public
Transportation.
The total estimated amount requested for the period July 1, 2015 through June 30, 2016
Project
Administrative
Capital (Vehicles & Other)
Operating (Small fixed- route,
regional, and consolidated urban -rural
systems only)
TOTAL PROJECT
Total Amount
$ 166,765
$232,286
$399,051
Total Funding Request
Local Share
$ 25,015 (15 %)
$23,229 (10 %)
$*(50 %) or more
'Note: Small Fixed Route
systems must contribute
more than 50%
$ 48,244
Total Local Share
This application may be inspected at 600 Highway 86 North, Hillsborough, N.C., 27278 from 8:00 a.m. -
5:00 p.m., Monday through Friday. Written comments should be directed to Peter Murphy before
November 6, 2014.
End of Notice
Note' AN ORIGINAL COPY of the published Public Hearing Notice must be attached to a signed
Affidavit of Publication. Both the Public Hearing Notice and the Affidavit of Publication must be
submitted with the CTP grant application.
9
ATTACHMENT 4
LOCAL SHARE CERTIFICATION FOR FUNDING
Orange County
(Legal Name of Applicant)
Requested Funding Amounts
Project Total Amount Local Share
Administrative $ 166,765 $ 25,015 (15 %)
Capital (Vehicles & Other) $ 232,286 $ 23,229 (10 %)
Operating (Small fixed route, regional, and $ $ *(50% or more)
consolidated urban -rural systems) *Note: Small fixed route systems
contribute more than 50%
TOTAL $ 399,051 $ 48,244
Total Funding Requests Total Local Share
The Local Share is available from the following sources:
Source of Funds Amount
Local general operating fund $ 48,244
4
TOTAL $ 48,244
I, the undersigned representing Orange County do hereby certify to the North Carolina
Department of Transportation, that the required local funds for the FY2016 Community
Transportation Program will be available as of July 1, 2015, which has a period of performance
of July 1, 2015 — June 30, 2016.
Signature of Authorized Official
Chair of the Board of County Commissioners
Type Name and Title of Authorized Official
Date