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HomeMy WebLinkAbout2018-721 OPT - NCDOT FY 19 CTP 5311 grant agreement NORTH CAROLINA DEPARTMENT OF TRANSPORTATION and ORANGE COUNTY PUBLIC TRANSPORTATION GRANT AGREEMENT FOR COMMUNITY TRANSPORTATION RURAL FORMULA GRANT PROGRAM Federal Award Identification Agreement Number : R00W30095 NCDOT Project Number : 19 - CT - 056 Approved Indirect Cost Rate : NIA FAIN Number ( s ) : NC -2017 - 052 - 01 CFDA Number : 20 , 509 DUNS Number : 091575191 Total Amount of Award : $ 244 , 609 Deese ■ ■ ■ ■ ■ ■ sett ■ ■ eer ■ ■ e ■ e ■ r ■ e ■ neere ■ r ■ ■ ■ r ■ ■ e ■ ■ ■ ease ■ ■ ■ ■ ■ s ■ e ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ ■ ■ ■ e Federal Funded Programs : F] 5303 Metropolitan Planning Grant F] 5307 Urbanized Area Formula Grant F] 5310 Elderly and Disabled Formula Grant VN5311 Community Transportation Rural Formula Grant F] 5311 Appalachian Development Transit Assistance Program Grant F] 5311f Intercity Bus Grant F15316 Job Access Reverse Commute Grant F15317 New Freedom Grant 5339 Bus and Bus Facility Grant NCDOT PTD Federal Agreement Page 'I of 23 Revised 6/28/2018 THIS AGREEMENT made this the day of , 20 , ( hereinafter referred to as AGREEMENT) by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ( hereinafter referred to as " Department " , an agency of the State of North Carolina ) and ORANGE COUNTY , ( acting in its capacity as the grant recipient hereinafter referred to as the " Subrecipient" and together with Department as " Parties " ) . 1 . Purpose of Agreement The purpose of this Agreement is to provide for the undertaking of nonurbanized and small urban public transportation services as described in the project application ( hereinafter referred to as• " Project" ) and to state the terms and conditions as to the manner in which the Project will be undertaken and completed . This Agreement contains the entire agreement between the parties and there are no understandings or agreements , verbal or otherwise , regarding this Agreement except as expressly set forth herein . This Agreement is solely for the benefit of the identified parties to the Agreement and is not intended to give any rights , claims , or benefits to third parties or to the public at large . 2 . Availability of Funds All terms and conditions of this Agreement are dependent upon , and , subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available . 3 . Period of Performance This Agreement shall commence upon the date of execution with a period of performance for all expenditures that extends from July 1 , 2018 to June 30 , 2019 . Any requests to change the Period of Performance must be made in accordance with the policies and procedures established by the Department or FTA . The Subrecipient shall commence , carry on , and complete the approved Project in a sound , economical , and efficient manner . 4 . Proiect Implementation a . Scope of Project . Orange County ( operating as Orange County Public Transportation ) will use administrative funds for providing community transportation services to human service agencies and to the general public . Funding will enable staff to maintain compliance with state and federal programs , provide training , and provide salaries and benefits for staff. Orange County will use capital funds to purchase ( 1 ) LTV w/ wheelchair lift ; ( 4 ) mobile radio units and vehicle lettering and logos . b . The Subrecipient shall undertake and complete the project in accordance with the procedures , terms , and conditions herein and as included in the related NCDOT PTD Federal Agreement Page 2 of 23 Revised 6/28/201 8 grant application for financial assistance , the terms of which are incorporated by reference . c . Amendment . Any amendment to this Agreement shall be done in writing and in accordance with established policies and procedures and only by mutual consent of the Parties . 5 . Cost of Project/ Project Budget The total cost of the Project approved by the Department is TWO HUNDRED FORTYA FOUR THOUSAND SIX HUNDRED NINE DOLLARS ( $ 244 , 609 ) as set forth in the Project Description and Budget , incorporated into this Agreement as AttachmentA . The Department shall provide , from Federal and State funds , the percentages of the actual net cost of the Project as indicated below , not in excess of the identified amounts for i eligible Administrative , Operating , and Capital expenses . The Subrecipient hereby agrees that it will provide the percentages of the actual net cost of the Project , as indicated below , and any amounts in excess of the Department' s maximum ( Federal plus State shares ) contribution . The net cost is the price paid minus any refunds , rebates , or other items of value received by the Subrecipient which have the effect of reducing the actual cost . Administration Administration Administration Administration Administration WBS Total Federal 80 % State ( 5 % ) Local ( 15 % 36233 . 80 . 15 . 1 $ 1767215 $ 140 , 972 $ 87810 $ 26 , 433 Agreement # wc D ®Q Operating Capital ] Capital I Capital I Capital I WBS Total Federal 24 % State 66 % Local 10 % 36233680215 . 3 $ 65 , 570 $ 157737 $ 43 , 276 $ 6 , 557 A reement # 9M00 ,3c;03F Capital Capital 11 Capital II Capital II Capital 11 WBS Total Federal 24 % State 66 % Local 10 % 36233 . 80 . 15 . 4 $ 27 824 $ 678 $ 13 864 $ 282 i A reement # CCX 0300 1 Project Project Project Project Project Total Total Total Federal Total State Total Local k $ 244 , 609 $ 1571387 $ 53 , 950 $ 33 , 272 6 . Project Expenditures , Payments , and Reimbursement a . General . The Department , utilizing available state and federal funds , shall reimburse the Subrecipient for allowable costs for work performed under the terms of this Agreement . NCDOT PTD Federal Agreement Page 3 of 23 Revised 6/28/2018 b . Reimbursement Procedures . The Subrecipient shall submit for reimbursement all eligible costs incurred within the agreement Period of Performance . i . Claims for reimbursement shall be made no more than monthly or less than quarterly , using the State ' s grant system , Enterprise Business Services ( EBS ) Partner Application . s HE All requests for reimbursement must be submitted within ( 30 ) days following the end of the project ' s reporting period . Any Subrecipient that fails to submit a request for reimbursement for the first two quarters of agreement fiscal year by January 31 or the last two quarters by July 31 will forfeit its ability to receive reimbursement for those periods . iii . All payments issued by the Department will be on a reimbursable basis unless the Subrecipient requests and the Department approves an advance payment . iv . Supporting documentation for proof of payment may be requested . c . Subrecipient Funds . Prior to reimbursement , the Subrecipient shall provide the Department with proof that the Subrecipient has met its proportionate share of project costs from sources other than FTA or the Department . Any costs for work not eligible for Federal and State participation shall be financed one hundred percent ( 100 % ) by - the Subrecipient . d . Operating Expenditures . In order to assist in financing the operating costs of the project , the Department shall reimburse the Subrecipient for the lesser of the following when providing operating assistance : i . The balance of unrecovered operating expenditures after deducting all farebox revenue , or ii . The percentage specified in the Approved Project Budget of the allowable total operating expenditures which shall be determined by available funding . e , Travel Expenditures . The Subrecipient shall limit reimbursement for meals , lodging and travel to rates established by the State of North Carolina Travel Policy . Costs incurred by the Subrecipient in excess of these rates shall be borne by the Subrecipient . f. Allowable Costs . Expenditures made by the Subrecipient shall be reimbursed as allowable costs to the extent they meet all of the requirements set forth below . They must be : NCDOT PTD Federal Agreement Page 4 of 23 Revised 6/28/2018 i . Consistent with the Project Description , plans , specifications , and Project Budget and all other provisions of this Agreement lie Necessary in order to accomplish the Project ilia Reasonable in amount for the goods or services purchased iv . Actual net costs to the Subrecipient , i . e . , the price paid minus any refunds ( eg , refundable sales and use taxes pursuant to NCGS 105 . 164 . 14 ) , rebates , or other items of value received by the Subrecipient that have the effect of reducing the cost actually incurred v . Incurred ( and be for work performed ) within the period of performance and period covered of this Agreement unless specific authorization from the Department to the contrary is received via Satisfactorily documented i i vii . Treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Department g . Excluded Costs . The Subrecipient understands and agrees that , except to the extent the Department determines otherwise in writing , the Department will exclude : i . Any Project cost incurred by the Subrecipient before the period of performance of the agreement , off Any cost that is not included in the latest Approved Project Budget , ilia Any cost for Project property or services received in connection with a third - party contract , sub - agreement , lease , or other arrangement that is required to be , but has not been , concurred in or approved in writing by the Department , and iv . Any cost ineligible for FTA participation as provided by applicable Federal or State laws , regulations , or directives . h . Final Allowability Determination . The subrecipient understands and agrees that payment to the subrecipient on any Project cost does not constitute the Federal or State Government ' s final decision about whether that cost is allowable and eligible for payment and does not constitute a waiver of any violation by the subrecipient of the terms of this Agreement . The subrecipient acknowledges that the Federal or State Government will not make a final determination about the allowability and eligibility of any cost until an audit of the Project has been completed . If the Federal or State Government determines that the subrecipient NCDOT PTD Federal Agreement Page 5 of 23 Revised 6/28 /2018 is not entitled to receive any portion of the Federal or State assistance the subrecipient has requested or provided , the Department will notify the Subrecipient in writing , stating its reasons . The Subrecipient agrees that Project closeout will not alter the Subrecipient ' s responsibility to return any funds due the Federal or State Government as a result of later refunds , corrections , or other transactions ; nor will Project closeout alter the Federal or State Government ' s right to disallow costs and recover funds on the basis of a later audit or other review . Unless prohibited by Federal or State law or regulation , the Federal or State Government may recover any Federal or State assistance funds made available for the Project as necessary to satisfy any outstanding monetary claims that the Federal or State Government may have against the Subrecipient . L Federal or State Claims , Excess Payments , Disallowed Costs , Including Interest , i i . Subrecipient ' s Responsibility to Pay . Upon notification to the Subrecipient that specific amounts are owed to the Federal or State j Government , whether for excess payments of Federal or State assistance , disallowed costs , or funds recovered from third parties or j elsewhere , the Subrecipient agrees to remit to the Department promptly the amounts owed , including applicable interest and any penalties and administrative charges within 60 days of notification . ii . Interest Paid to the Department . The Subrecipient agrees to remit to the Department interest owed as determined in accordance with NCGS § 1 47 - 86 . 23 . iii . Interest and Fees Paid on Federal Funds . For amounts owed by the Subrecipient to the Federal Government , whether for excess payments of Federal assistance , disallowed costs , or funds recovered from third parties or elsewhere , the Subrecipient agrees to remit to the Federal Government promptly the amounts owed , including applicable interest , penalties and administrative charges as established by the Federal Transit Authority Master Agreement with NCDOT . j . De - obligation of Funds . The Subrecipient agrees that the Department may de - obligate unexpended Federal and State funds for grants that are inactive for six months or more . k . Project Closeout_ . Project closeout occurs when the Department issues the final project payment or acknowledges that the Subrecipient has remitted the proper refund . The Subrecipient agrees that Project closeout by the Department does not invalidate any continuing requirements imposed by this Agreement . 7 . Accounting Records NCDOT PTD Federal Agreement Page 6 of 23 Revised 6/28/2018 i I i i i a . Establishment and Maintenance of Accounting Records . The Subrecipient shall i establish and maintain separate accounts for the public transportation program , I either independently or within the existing accounting system . All costs charged i to the program shall be in accordance with most current approved Project Budget and shall be reported to the Department in accordance with NCDOT Uniform Public Transportation Accounting System ( UPTAS ) guide . b . Documentation of Project Costs . All costs charged to the Project , including any approved services performed by the Subrecipient or others , shall be supported by properly executed payrolls , time records , invoices , contracts , or vouchers evidencing in detail the nature and propriety of the charges . i 8 . Reporting , Record Retention , and Access II i a . Progress Reports , The Subreci lent shall advise the Department , through EBS g p p p g , regarding the progress of the Project at a minimum quarterly , and at such time and in such a manner as the Department may require . Such reporting and documentation may include , but not be limited to : operating statistics , equipment usage , meetings , progress reports , and monthly performance reports . The Subrecipient shall collect and submit to the Department such financial statements , data , records , contracts , and other documents related to the Project as may be deemed necessary by the Department . Reports shall include narrative and financial statements of sufficient substance to be in conformance with the reporting requirements of the Department . Progress reports throughout the useful life of the project equipment shall be used , in part , to document utilization of the project equipment . Failure to fully utilize the project equipment in the manner directed by the Department shall constitute a breach of contract , and after written notification by the Department , may result in termination of the Agreement or any such remedy as the Department deems appropriate . b . Failure to comply with grant reporting and compliance guidelines set forth in the NCDOT PTD State Management Plan could result in financial penalties up to and including loss of current and future grant funding . c . Record Retention . The Subrecipient and its third party subrecipients shall retain all records pertaining to this Project for a period of five ( 5 ) years from the date of final payment to the Subrecipient , or until all audit exceptions have been resolved , whichever is longer . d . Project Closeout . The Subrecipient agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement . e . State Auditor Oversight . The Subrecipient agrees to audit oversight by the Office of the State Auditor , to provide the Office of the State Auditor with access to accounting records , and to make available any audit work papers in the possession of any auditor of the Subrecipient . NCDOT PTD Federal Agreement Page 7 of 23 Revised 6/28/2018 i i I i f. Financial Reporting and Audit Requirements . In accordance with 09 NCAC i 03M . 0205 , all reports shall be filed with the Department in the format and method specified by the agency no later than three ( 3 ) months after the end of the recipient ' s fiscal year , unless the same information is already required through more frequent reporting . Audit Reports must be provided to the funding agency no later than nine ( 9 ) months after the end of the recipient ' s fiscal year . g . Parts Inventory . Financial audits must address parts inventory management . h . Third Party Loans . Within 30 days of receipt , the Subrecipient shall disclose to 1 the Department any loans received from a local government entity or other entity not party to this agreement . i . Audit Costs . Unless prohibited by law , the costs of audits made in accordance with Title 2 CFR 200 , Subpart F "Audit Requirements " are . allowable charges to State and Federal awards . The charges may be considered a direct cost or an allocated indirect cost , as determined in accordance with cost principles outlined in Title 2 CFR 200 , Subpart E " Cost Principles . " The cost of any audit not conducted in accordance with Title 2 CFR 200 and NCGS § 159 - 34 is unallowable and shall not be charged to State or Federal grants . 9 . Compliance with Laws and Regulations a . No terms herein shall be construed in a manner that conflicts with the rules and regulations of the Department or with state or federal law . b . The Subrecipient agrees to comply with all applicable state and federal laws and regulations , including titles 09 NCAC 3M and 19A NCAC 5B , as amended . 10 . Conflicts of Interest Policy The subrecipient agrees to file with the Department a copy of the subrecipient ' s policy addressing conflicts of interest that may arise involving the subrecipient ' s management employees and the members of its board of directors or other governing body . The subrecipient ' s policy shall address situations in which any of these individuals may directly or indirectly benefit , except as the subrecipient ' s employees or members of its board or other governing body , from the subrecipient ' s disbursing of State funds , and shall include actions to be taken by the subrecipient or the individual , or both , to avoid conflicts of interest and the appearance of impropriety . The conflicts of interest policy shall be filed with the Department prior to the Department disbursing funds to the subrecipient . Prohibition on Bonus or Commission Payments The Subrecipient affirms that it has not paid and will not pay any bonus or commission to any party to obtain approval of its Federal or State assistance application for the Project . NCDOT PTD Federal Agreement Page 8 of 23 Revised 6/28/2018 I . Tax Compliance Certification The Subrecipient shall complete and submit to the Department a sworn written statement pursuant to NCGS 143C - 6 - 23 ( c) , stating that the Subrecipient does not have any overdue tax debts , as defined by GS 105 -243 . 1 , at the Federal , State , or local level . k The Subrecipient acknowledges that the written statement must be submitted to the Department prior to execution of this Agreement and disbursement of funds . The certification will be incorporated into this Agreement as Attachment B . j 12 . Assignment a . Unless otherwise authorized in writing by the Department , the Subrecipient shall not assign any portion of the work to be performed under this Agreement , or execute any contract , amendment , or change order thereto , or obligate itself in any manner with any third party with respect to its rights andresponsibilities under this Agreement without the prior written concurrence of the Department . b . The Subrecipient agrees to incorporate the terms of this agreement and any � applicable State or Federal requirements into written third - party contracts , sub - agreements , and leases , and to take the appropriate measures necessary to ensure that all Project participants comply with applicable Federal and State laws , regulations , and directives affecting their performance , except to the extent the Department determines otherwise in writing . 13 . Hold Harmless . u Except as prohibited or otherwise limited by law , the Subrecipient agrees to indemnify , save , and hold harmless the Department , the State of North Carolina and the United States of America and its officers , agents , and employees acting within the scope of their official duties against any liability , including costs and expenses , resulting from any willful or intentional violation by the Subrecipient of proprietary rights , copyrights , or right of privacy , arising out of the publication , translation , reproduction , delivery , use , or disposition of any data furnished under the Project . 14 . _ Real Property , Equipment , and Supplies . Federal or State Interest . The Subrecipient understands and agrees that the Federal or State Government retains an interest in any real property , equipment , and supplies financed with Federal or State assistance ( Project property) until , and to the extent , that the Federal or State Government relinquishes its Federal or State interest in that Project property . With respect to any Project property financed with Federal or State assistance under this Agreement , the Subrecipient agrees to comply with the following provisions , except to the extent FTA or the Department determines otherwise in writing : NCDOT PTD Federal Agreement Page 9 of 23 Revised 6/28 /2018 a . Use of Project Property . The Subrecipient agrees to maintain continuing control of the use of Project property . The Subrecipient agrees to use Project property for appropriate Project purposes (which may include joint development purposes that generate program income ) both during and after the award period and used to support public transportation activities) for the duration of the useful life of that property , as required by FTA or the Department . Should the Subrecipient unreasonably delay or fail to use Project property during the useful life of that property , the Subrecipient agrees that it may be required to return the entire amount of the Federal and State assistance expended on that property . The Subrecipient further agrees to notify the Department immediately when any Project ' property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Subrecipient has made in its Application or in the Project Description for this Agreement for the Project . In turn , the Department shall be responsible for notifying FTA . I b . Maintenance and Inspection of Vehicles . The Subrecipient shall maintain vehicles j at a high level of cleanliness , safety , and mechanical soundness in accordance with the minimum maintenance requirements recommended by the manufacturer and comply with the Department' s State Management Plan ( " SMP ") . The Subrecipient shall register all vehicle maintenance activities into the Department ' s Asset Management System (AssetWorks ) or an electronic version of same . The Department shall conduct frequent inspections to confirm proper maintenance j pursuant to this subsection and the SMP . The Subrecipient shall collect and submit to the Department at such time and in such manner as it may require information for the purpose of the Department' s Asset Management System (AssetWorks ) and j the Transit Asset Maintenance ( " TAM " ) Plan . c . Maintenance and Inspection of Facilities and Equipment . The Subrecipient shall maintain any Project facility , including any and all equipment installed into or added on to the facility as part of the Project , in good operating order and at a high level of cleanliness , safety and mechanical soundness in accordance with good facility maintenance and upkeep practices and in accordance with the minimum maintenance requirements recommended by the manufacturer for all equipment installed in or added to the facility as part of the Project . Such maintenance shall be in compliance with applicable Federal and state regulations or directives that may be issued , except to the extent that the Department determines otherwise in writing . The Subrecipient shall document its maintenance program in a written plan . The Department shall conduct inspections as it deems necessary to confirm proper maintenance on the part of the Subrecipient pursuant to this subsection and SMP . Such inspections may or may not be scheduled ahead of time but will be conducted such that they shall not significantly interfere with the ongoing and necessary functions for which the Project was designed . The Subrecipient shall make every effort to accommodate such inspections by the Department in accordance with the Department' s desired schedule for such inspections . d . The Subrecipient shall collect and submit to the Department at such time and in such manner as the Department may require information for the purpose of NCDOT PTD Federal Agreement Page 10 of 23 Revised 6/28 /2018 updating the TAM Plan Inventory and any and all other reports the Department deems necessary . The Subrecipient shall also maintain and make available to the Department upon its demand all documents , policies , procedures , purchase orders , bills of sale , internal work orders and similar items that demonstrate the Subrecipient ' s maintenance of the facility in good operating order and at a high level of cleanliness , safety and mechanical soundness . I e . Incidental Use . The Subrecipient agrees that any incidental use of Project property will not exceed that permitted under applicable laws , regulations , and directives . f . Title to Vehicles . The Certificate of Title to all vehicles purchased under the Approved Budget for this Project shall be in the name of the Subrecipient . The Department' s Public Transportation Division shall be recorded on the Certificate of Title as first lien - holder . In the event of project termination or breach of contract provisions , the Subrecipient shall , upon written notification by the Department , surrender Project equipment and /or transfer the Certificate ( s ) of Title for Project equipment to the Department or the Department ' s designee within 30 days of request . g . Encumbrance of Project Property . The Subrecipient agrees to maintain satisfactory continuing control of Project property as follows : ( 1 ) Written Transactions . The Subrecipient agrees that it will not execute any transfer of title , lease , lien , pledge , mortgage , encumbrance , third party contract , subagreement , grant anticipation note , alienation , innovative finance arrangement (such as a cross border lease , leveraged lease , or otherwise ) , or any other obligation pertaining to Project property , that in any way would affect the continuing Federal and State interest in that Project property . ( 2 ) Oral Transactions . The Subrecipient agrees that it will not obligate itself in any manner to any third party with respect to Project property . ( 3 ) Other Actions , The Subrecipient agrees that it will not take any action adversely affecting the Federal and State interest in or impair the Subrecipient ' s continuing control of the use of Project property . h . Alternative Use , Transfer , and Disposition of Project Property . The Subrecipient understands and agrees any alternative uses , transfers , or disposition of project property must be approved by the Department and done in accordance with Departmental procedures . i . Insurance Proceeds . If the Subrecipient receives insurance proceeds as a result of damage or destruction to the Project property , the Subrecipient agrees to : ( 1 ) Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of service , or NCDOT PTD Federal Agreement Page 11 of 23 Revised 6/28 /2018 ( 2 ) Return to the Department an amount equal to the remaining Federal and State interest in the damaged or destroyed Project property . j . Misused or Damaged Project Property . If any damage to Project property results from abuse or misuse occurring with the Subrecipient ' s knowledge and consent , the Subrecipient agrees to restore the Project property to its original condition or refund the value of the Federal and State interest in that property , as the # Department may require . I i k . Responsibilities after Project Closeout . The Subrecipient agrees that Project closeout by the Department will not change the Subrecipient ' s Project property management responsibilities , and as may be set forth in subsequent Federal and State laws , regulations , and directives , except to the extent the Department determines otherwise in writing . 15 . Insurance The Subrecipient shall be responsible for protecting the state and /or federal financial interest in the facility construction /renovation and equipment purchased under this Agreement throughout the useful life . The Subrecipient shall provide , as frequently and in such manner as the Department may require , written documentation that the facility and equipment are insured against loss in an amount equal to or greater than the state and /or federal share of the real value of the facility or equipment . Failure of the Subrecipient to provide adequate insurance shall be considered a breach of contract and , after notification may result in termination of this Agreement . In addition , other insurance requirements may apply . The Subrecipient agrees to comply with the insurance requirements normally imposed by North Carolina State and local laws , regulations , and ordinances , except to the extent that the Department determines otherwise in writing . 16 . Term i nation a . Either party may terminate the Agreement by providing 60 days written notice to the other party , or as otherwise permitted by law . b . Should the Subrecipient terminate the Agreement without the concurrence of the Department , the Subrecipient shall reimburse the Department one hundred percent ( 100 % ) of all costs expended by the Department and associated with the work . 17 . Additional Repayment Requirements and Remedies a . The repayment requirements and remedies addressed in this Paragraph are in addition to those repayment requirements and other remedies set forth elsewhere in this Agreement , including the requirements to repay unspent funds . No remedy conferred or reserved by or to the Department is intended to be exclusive of any other available remedy or remedies , but each and every such remedy shall be cumulative and shall be in addition to every other remedy NCDOT PTD Federal Agreement Page 12 of 23 Revised 6/28/2018 provided for in this Agreement , or now or hereinafter existing at law , in equity , or by statute , and any such right or power may be exercised from time to time and as often as may be deemed expedient . b . If there is a breach of any of the requirements , covenants or agreements in this Agreement ( including , without limitation , any reporting requirements ) , or if there are any representations or warranties which are untrue as to a material fact in this Agreement or in relation to the Project ( including the performance thereof) , the Subrecipient agrees that the Department may require repayment from the Subrecipient of an amount of funds to be determined in the Department ' s sole discretion but not to exceed the amount of funds the Subrecipient has already received under this Agreement . 10 . Civil Rights and Equal Opportunity Under this Agreement , the Subrecipient shall at all times comply with the requirements included as part of this agreement in the Federal Terms and Conditions . 19 . Choice of Law and Venue i This agreement is to be interpreted according to the laws of the State of North Carolina . The Parties hereby agree that the proper venue for any claims filed as a result of this Agreement shall be the Superior Court of Wake County , North Carolina . 20 . S eve rabiL If any provision of the FTA Master Agreement or this Agreement for the Project is i determined invalid , the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable Federal or State laws or regulations . i 21 . Incorporated Terms and Conditions In addition to the Terms and Conditions contained in this agreement and the terms and conditions included in the grant application , which are hereby incorporated by reference , additional terms and conditions incorporated by reference into this agreement are checked below . Federal Terms and Conditions , Attached NCDOT PTD Federal Agreement Page 13 of 23 Revised 6/28/2018 22 . Federal Terms and Conditions State Management Plan . The State Management Plan for Federal and State Transportation Programs and any subsequent amendments or revisions thereto , are herewith incorporated by reference , and are on file with and approved by the Department . Nothing shall be construed under the terms of this Agreement by the Department or the Subrecipient that shall cause any conflict with Department , State , or Federal statutes , rules , or regulations . Allowable Costs . Eligible costs are those costs attributable to and allowed under the FTA program and the provisions of 2 CFR Parts 200 and 1201 , " Uniform Administrative Requirements , Cost Principles , and Audit Requirements for Federal Awards . " No Federal Government Obligations to Third Parties . The Subrecipient acknowledges and agrees that , notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Agreement , absent the express written consent by the Federal Government , the Federal Government is not a party to this Agreement and shall not be subject to any obligations or liabilities to the Subrecipient or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Agreement . The Subrecipient agrees to include the above clause in each contract financed in whole or in part with Federal assistance provided by the FTA . It is further agreed that the clause shall not be modified , except to identify the subcontractor who will be subject to its provisions . Program Fraud and False or Fraudulent Statements or Related Acts . The Subrecipient acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986 , as amended , 31 USC § 3801 et seq . and U . S . DOT regulations , " Program Fraud Civil Remedies , " 49 CFR part 31 , apply to its actions pertaining to this project . Upon execution of the underlying Agreement , the Subrecipient certifies or affirms the truthfulness and accuracy of any statement it has made , it makes , it may make , or causes to be made , pertaining to the underlying Agreement or the FTA assisted project for which this Agreement work is being performed . In addition to other penalties that may be applicable , the Subrecipient further acknowledges that if it makes , or causes to be made , a false , fictitious , or fraudulent claim , statement , submission , or certification , the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Subrecipient to the extent the Federal Government deems appropriate . The Subrecipient also acknowledges that if it makes , or causes to be made , a false , fictitious , or fraudulent claim , statement , submission , or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC chapter 53 , the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5323 ( I ) on the Subrecipient , to the extent the Federal Government deems appropriate . NCDOT PTD Federal Agreement Page 14 of 23 Revised 6/28/2018 The Subrecipient agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA . It is further agreed that the clauses shall not be modified , except to identify the subcontractor who will be subject to the provisions . Access to Records and Reports . a . Record Retention . The Subrecipient will retain , and will require its subcontractors of all f tiers to retain , complete and readily accessible records related in whole or in part to the Agreement , including , but not limited to , data , documents , reports , statistics , sub - I agreements , leases , subcontracts , arrangements , other third - party agreements of any type , and supporting materials related to those records . I c . Access to Records . The Subrecipient agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this Agreement as reasonably may be required . d . Access to the Sites of Performance . The Subrecipient agrees to permit FTA and its contractors access to the sites of performance under this Agreement as reasonably may be required . Federal Changes . The Subrecipient agrees to comply with all applicable federal requirements and federal guidance . All the standards or limits included in this agreement are minimum requirements . The federal requirements and guidance that applied at the j time of the award this Agreement may be modified from time to time , and the modifications will apply to the Subrecipient . Civil Rights and Equal Opportunity . Under this Agreement , the Subrecipient shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof . 1 1 . Nondiscrimination . In accordance with Federal transit law at 49 USC § 5332 , the j Subrecipient agrees that it will not discriminate against any employee or applicant for employment because of race , color , religion , national origin , sex , disability , or age . In addition , the Subrecipient agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue . I i 2 . Race , Color , Religion , National Origin , Sex . In accordance with Title VII of the Civil Rights Act , as amended , 42 USC § 2000e et seq . , and Federal transit laws at 49 USC § 5332 , the Subrecipient agrees to comply with all applicable equal employment opportunity requirements of U . S . Department of Labor ( U . S . DOL ) regulations , " Office of Federal Contract Compliance Programs , Equal Employment Opportunity , Department of Labor , " 41 CFR chapter 60 , and Executive Order No . 11246 , " Equal Employment Opportunity in Federal Employment , " September 24 , 1965 , 42 USC § 2000e note , as amended by any later Executive Order that amends or supersedes it , referenced in 42 USC § 2000e note . The Subrecipient agrees to take affirmative action to ensure that applicants are employed , and that employees are treated during employment , without regard to their race , color , religion , national origin , or sex ( including sexual orientation and gender identity) . Such NCDOT PTD Federal Agreement Page 15 of 23 Revised 6/28 /2018 action shall include , but not be limited to , the following : employment , promotion , demotion i or transfer , recruitment or recruitment advertising , layoff or termination ; rates of pay or other forms of compensation ; and selection for training , including apprenticeship . In addition , the Subrecipient agrees to comply with any implementing requirements FTA may issue . 3 . Age . In accordance with the Age Discrimination in Employment Act , 29 USC § § i 6216341 U . S . Equal Employment Opportunity Commission ( U . S . EEOC ) regulations , "Age Discrimination in Employment Act , " 29 CFR part 1625 , the Age Discrimination Act of 1975 , as amended , 42 USC § 6101 et seq . , U . S . Health and Human Services regulations , " Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance , " 45 CFR part 90 , and Federal transit law at 49 USC § 5332 , the Subrecipient agrees to refrain from discrimination against present and prospective employees for reason of age . In addition , the Subrecipient agrees to comply with any implementing requirements FTA may issue . 4 . Disabilities . In accordance with section 504 of the Rehabilitation Act of 1973 , as amended , 29 USC § 794 , the Americans with Disabilities Act of 1990 , as amended , 42 USC § 12101 et seq . , the Architectural Barriers Act of 1968 , as amended , 42 USC § 4151 et seq . , and Federal transit law at 49 USC § 5332 , the Subrecipient agrees that it will not discriminate against individuals on the basis of disability . In addition , the Subrecipient agrees to comply with any implementing requirements FTA may issue . Disadvantaged Business Enterprises . It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises ( DBEs ) as defined in 49 CFR Part 26 shall have the equal opportunity to compete fairly for and to participate in the performance of contracts financed in whole or in part by Federal Funds . The Subrecipient is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements . The Subrecipient , subconsultant , and subcontractor shall not discriminate on the basis of race , religion , color , national origin , age , disability or sex in the performance of this contract . The Subrecipient shall comply with applicable requirements of 49 CFR Part 26 in the award and administration of federally assisted contracts . Failure by the Subrecipient to comply with these requirements is a material breach of this contract , which will result in the termination of this contract or such other remedy , as the Department deems necessary . When payments are made to Disadvantaged Business Enterprise ( DBE ) Subrecipients , including material suppliers , Subrecipients at all levels ( Subrecipient , Subconsultant or Subrecipient) shall provide the Contract Administrator with an accounting of said payments . The accounting shall be listed on the Department' s Subrecipient Payment Information Form ( Form DBE - IS ) . In the event the Subrecipient has no DBE participation , the Subrecipient shall indicate this on the Form DBE - IS by entering the word ` None ' or the number ` zero ' and the form shall be signed . Form DBE - IS may be accessed on the website at : https : //apps . dot . state . nc . us/quickfind /forms/ DefauIt . aspx . A responsible fiscal officer of the payee Subrecipient , subconsultant or Subrecipient who can attest to the date and amounts of the payments shall certify that the accounting is NCDOT PTD Federal Agreement Page 16 of 23 Revised 6/2 812 0 1 8 i i I correct . A copy of an acceptable report may be obtained from the Department of Transportation . This information shall be submitted as part of the requests for payments made to the Department . i Prompt payment provisions . When a subcontractor has performed in accordance with the provisions of his contract , the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor , within seven days of receipt by the contractor or subcontractor of each periodic or final payment , the full amount received for such subcontractor ' s work and materials based on work completed or service provided under the subcontract NCGS § 22C - 1 . Incorporation of FTA Terms . Provisions of this Agreement include , in part , certain standard terms and conditions required by the U . S . DOT . All contractual provisions required by the U . S . DOT , as set forth in FTA Circular 4220 . 1 , as amended , are incorporated by reference . Anything to the contrary herein notwithstanding , all FTA - mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement . The Subrecipient shall not perform any act , fall to perform any act , or refuse to comply with any Department request , which would cause the Department to be in violation of FTA terms and conditions , as referenced in the current FTA Master Agreement shall prevail and be the instrument governing the receipt of Federal assistance from the Federal Transit Administration . Energy Conservation . The Subrecipient agrees to comply with mandatory standards and policies relating to energy efficiency , which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act . Debarment , Suspension , Ineligibility and Voluntary Exclusion . The Subrecipient shall comply and facilitate compliance with U . S . DOT regulations , " Non - procurement Suspension and Debarment , " 2 CFR part 1200 , which adopts and supplements the U . S . Office of Management and Budget ( U . S . OMB ) " Guidelines to Agencies on Government- wide Debarment and Suspension ( Non - procurement) , " 2 CFR part 180 . As such , the Subrecipient shall verify that its principals , affiliates , and subcontractors are eligible to participate in this federally funded Agreement and are not presently declared by any Federal department or agency to be : a ) Debarred from participation in any federally assisted Award ; b ) Suspended from participation in any federally assisted Award ; c) Proposed for debarment from participation in any federally assisted Award ; d ) Declared ineligible to participate in any federally assisted Award ; e ) Voluntarily excluded from participation in any federally assisted Award ; or f) Disqualified from participation in ay federally assisted Award . By signing and submitting this Agreement , Subrecipient certifies as follows : NCDOT PTD Federal Agreement Page 17 of 23 Revised 6/28/2018 The certification in this clause is a material representation of fact relied upon by the Department . If it is later determined by the Department that the Subrecipient knowingly rendered an erroneous certification , in addition to remedies available to the Department , the Federal Government may pursue available remedies , including but not limited to suspension and /or debarment . The Subrecipient agrees to comply with the requirements of 2 CFR part 180 , subpart C , as supplemented by 2 CFR part 1200 , throughout the period of this Agreement . The Subrecipient further agrees to include a provision requiring such compliance in its lower tier covered transactions . These provisions apply to each contract at any tier of $ 25 , 000 or more , and to each contract at any tier for a federally required audit ( irrespective of the contract amount) , and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount . Lobbying Restrictions . The Subrecipient agrees that neither it nor any third - party participant will use federal assistance to influence any officer or employee of a federal agency , member of Congress or an employee of a member of Congress , or officer or employee of Congress on matters that involve this agreement , including any extension or modification , according to the following : ( 1 ) Laws , Regulations , Requirements , and Guidance . This includes : ( a ) The Byrd Anti - Lobbying Amendment , 31 USC § 1352 , as amended , ( b ) U . S . DOT regulations , " New Restrictions on Lobbying , " 49 CFR part 20 , to the extent consistent with 31 USC § 1352 , as amended , and ( c) Other applicable federal laws , regulations , requirements , and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U . S . Congress or a state legislature , and ( 2 ) Exception . If permitted by applicable federal law , regulations , requirements , or guidance , such lobbying activities described above may be undertaken through the subrecipient ' s proper official channels . The Subrecipient agrees to submit a signed and dated Certification on Lobbying that appears in the attachment . Clean Air Act and Federal Water Pollution Control Act . The Subrecipient agrees : 1 ) It will not use any violating facilities ; 2 ) It will report the use of facilities placed on or likely to be placed on the U . S . EPA " List of Violating Facilities ; " 3 ) It will report violations of use of prohibited facilities to FTA ; and 4 ) It will comply with the inspection and other requirements of the Clean Air Act , as amended , (42 USC § § 7401 — 7671 q ) ; and the Federal Water Pollution Control Act as amended , ( 33 USC § § 1251 - 1387 ) . NCDOT PTD Federal Agreement Page 18 of 23 Revised 6/28/2018 Public Transportation Employee Protective Arrangements , The Subrecipient agrees to comply with the following employee protective arrangements of 49 USC § 5333 ( b ) : 1 . Sections 5307 and 5339 . Under this Agreement or any Amendments thereto that involve public transportation operations that are supported with 49 USC § 5307 or 49 USC § 5339 federal assistance , a certification issued by U . S . DOL is a condition of the Contract . 1 2 . Section 5311 . When the Agreement involves public transportation operations and is j supported with federal assistance appropriated or made available for 49 USC § 5311 , j U . S . DOL will provide a Special Warranty for its Award . The U . S . DOL Special Warranty I s a condition of the Agreement . 3 . Section 5310 . The conditions of 49 USC § 5333 ( b ) do not apply to Subrecipients providing public transportation operations pursuant to 49 USC 5310 . FTA reserves the right to make case - by- case determinations of the applicability of 49 USC § 5333 ( b ) for all transfers of funding authorized under title 23 , United States Code (flex funds ) , and make other exceptions as it deems appropriate , and , in those instances , any special arrangements required by FTA will be incorporated herein as required . Charter Service . The Subrecipient agrees to comply with 49 USC 5323 ( d ) , 5323 ( r) , and 49 CFR part 604. , which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service , except as permitted under : 1 . Federal transit laws , specifically 49 USC § 5323 ( d ) ; 2 . FTA regulations , " Charter Service , " 49 CFR part 604 ; 3 . Any other federal Charter Service regulations ; or 4 . Federal guidance , except as FTA determines otherwise in writing . if it engages in a pattern of violations of FTA ' s Charter The Subrecipient agrees that Service regulations , FTA may require corrective measures or impose remedies on it . These corrective measures and remedies may include : 1 . Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA ; 2 . Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA ' s Charter Service regulations ; or 3 . Any other appropriate remedy that may apply . The Subrecipient should also include the substance of this clause in each subcontract that may involve operating public transit services . NCDOT PTD Federal Agreement Page 19 of 23 Revised 6/28/2018 i i School Bus Operations . The Subrecipient agrees to comply with 49 USC 5323 (f) , and 49 CFR part 605 , and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses , except as permitted , under : i 1 . Federal transit laws , specifically 49 USC § 5323 (f) ; 2 . FTA regulations , " School Bus Operations , " 49 CFR part 605 ; 3 . Any other Federal School Bus regulations ; or 4 . Federal guidance , except as FTA determines otherwise in writing . If Subrecipient violates this School Bus Agreement , FTA may : 1 . Bar the Subrecipient from receiving Federal assistance for public transportation ; or 2 . Require the Subrecipient to take such remedial measures as FTA considers appropriate . When operating exclusive school bus service under an allowable exemption , the contractor may not use federally funded equipment , vehicles , or facilities . The Subrecipient shall include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services . Substance Abuse Requirements ( Recipients of Sections 5307 , 5311 , and 5339 funds only) . The Subrecipient agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR parts 40 and 655 , produce any documentation necessary to establish its compliance with part 655 , and permit any authorized representative * of the United States Department of Transportation or its operating administrations or the Department to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and review the testing process . The Subrecipient agrees further to submit the Drug and Alcohol Management Information System ( DAMIS ) reports before February 15 to NCDOT Public Transportation Compliance Office or its designee . 23 . Contract Administrators . All notices permitted or required to be given by one Party to the other and all questions about this Agreement from one Party to the other shall be addressed and delivered to the other Party ' s Contract Administrator . The name , postal address , street address , telephone number , fax number , and email address of the Parties ' respective initial Contract Administrators are set out below . Either Party may change the name , postal address , street address , telephone number , fax number , or email address of its Contract Administrator by giving timely written notice to the other Party . NCDOT PTD Federal Agreement Page 20 of 23 Revised 6/28/2018 For the Department : Name : Myra Freeman Title : Financial Manager Agency : NCDOT/PTD Email : Msfreeman1@ncdot . gov MSC : 1550 Mail Service Center — Raleigh , NC 27699 - 1550 Physical Address : 1 S . Wilmington St , Rm 542 , Transportation Building , Raleigh , NC 27601 Phone : 919J074672 Fax : 919J33 -2304 For the Subrecipient : Name : i I Title : _ k�l 051 t` s5 � ' 0 c•�) elr 5 Agency : J Email : �•1'1 4_bt'%' P" C� r I�1 � �%' r'c2 :�. c, � Cc* tC.J `t '�i..i �•7 L cj' � G� cJ Phone : q 1 `?' z45` A i i f t i ; NCDOT PTD Federal Agreement Page 21 of 23 Revised 6/28/2018 i ; i IN WITNESS WHEREOF , this Agreement has been executed by the Department , an agency of the State of North Carolina , and the Subrecipient by and through a duly authorized representative and is effective the date and year first above written . ORANGE COUNTY SUBRECIPIENT' S FEDERAL TAX 1D NUMBER :, be 3 c;Z �7 SUBRECIPIENT' S FISCAL YEAR END : JUNE 303 2019 BY : //0/ -- - TITLE : Ch2. or ( e"1 6c ec'tc" J' I G,� �p� ;� rri ; 6s , lcr; ��' ATTEST : TITLE : --itie 1 DEPARTMENT OF TRANSPORTATION BY : KL ` TITLE : DEPUTY SECRETARY FOR MULTI - MODAL TRANSPORTATION i I ATTEST : TITLE : . i NCDOT PTD Federal Agreement Page 22 of 23 Revised 6/28/2018 Attachment Certification Regarding Lobbying The Subrecipient certifies , to the best of his or her knowledge and belief, that : ( 1 ) No Federal 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 an agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the awarding of any Federal contract , the making of any Federal grant , the making of any Federal loan , the entering into of any cooperative agreement , and the extension , continuation , renewal , amendment , or modification of any Federal contract , grant , loan , or cooperative agreement . (2 ) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal 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 . (3 ) The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements ) and that all subrecipients shall certify and disclose accordingly . This certification is a material representation of fact upon which reliance was placed when this transaction . was made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352 , title 31 , U . S . Code . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such failure . �— Subrecipient ' s Authorized Representative : L Title : �. tiai r ( � icyud Cie I �lf� IJJt � � a - 5 Date : I NCDOT PTD Federal Agreement Page 23 of 23 Revised 6/28/2018 PUBLIC TRANSPORTATION PROGRAM RESOLUTION r FY 2019 RESOLUTION Section 5311 ( including ADTAP ) , 5310 , 5339 , 5307 and applicable State funding , or combination thereof. Applicant seeking permission to apply for Public Transportation Program funding , enter into agreement with the North Carolina Department of Transportation , provide t necessary assurances and the required local match . A motion was made by (Boar b ?s a e) A and seconded by (Board Member's Name or N/A) if not required) fo the adoption of the following resolution , and upon being put to a vote was duly adopted . WHEREAS , Article 213 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 , small urban , and urban public transportation services consistent with the policy requirements of each funding source 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 , the funds applied for may be Administrative , Operating , Planning , or Capital funds and will have different percentages of federal , state , and local funds . WHEREAS , non - Community Transportation applicants may apply for funding for " purchase - of service" projects under the Section 5310 program . WHEREAS , (Legal Name ofApplicant) 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( s) , 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. WHEREAS , the applicant has or will provide all annual certifications and assurances to the State of North Carolina required for the project; 1 Revised 07-27-20I7 NOW, THEREFORE , be it resolved that the (Authorized Official's Title)* of (Name of Applicant's Governing Body) Orange County Board of Commissioners is hereby, authorized to submit grant application (s) for federal and state funding in response to NCDOT' s calls for4projects , make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural , small urban , and urban public transportation services . , JI (Certifying Official's Name)* ti ( Certifying Official's Title) do ereby certify that the above is a true an correct cop of an excerpt from the min gutes of a e in of the (Name of Applicant's Governing i Board) Orange Count Board f mmis oners duly held on the 17 r day of October, 2017 . f Signature of Certifying fffcfal i *Note that the authorized official, certifying official, and notary public should be three separate Individuals. bell . . . . . Sees ago . . . . . . . .. . . f� . . . . . . .. .. . .. . .. . . . . . . , . . . . .. . . .. . . . . . .. . . . .. . . . . . . . .. . flop ; Seal Subscribed and sworn to me (date) A rx Noaryr Seal Heise I . No ary Public r _ Donna S , Lloyyd Notary Publro ` Alaman County North Carolina Printed Name in d Address IV Of11 G !sslon ' EX es i My commission expires (date) 11 .. . .. . . .. . . . ... . .. ... . . ... . .. . . . . . . . . .. . . . ... . .. . . .. . . . .. ... . . . ... . . . . . . . .. . . . . . . . .. . . . . . . . . . ... II f I( i . !i I i i i R j i • 4 I 2 Revised 07�27 2017 i PROGRAM SUMMARY SHEET REQUIREMENTS 5311 Rural Formula i 31A11 lit NORTH CAROLING FEDERAL Department of Transportation to Administration , Operating , Capital , Planning This guidance for all subrecipients receiving capital , administration , and operating PRINCIPLE assistance to support public transportation in rural areas ( areas with populations of less j than 50 , 000 ) . i To be eligible , transit providers must have a signed resolution from the County Commissioners of each county served , designating them as the 5311 recipient in their i jurisdiction in order to be eligible to apply for funds . Starting in FY 2018 , these resolutions ELIGIBLE are updated on a 5 -year basis . The resolution is part of the grant application process . SUBRECIPIENTS North Carolina ' s coordinated approach to service delivery allows a single applicant within i each designated service area . General public transportation activities in rural North Carolina ( areas outside urbanized area boundaries ) are the focus of this funding . The goal of Section 5311 program is to enhance the overall mobility of people living in rural areas , therefore , projects may include transportation to or from rural areas . Service must be open and promoted to the general i public , however , a rural transit provider may design its Section 5311 funded services to ELIGIBLE SERVICE maximize use by members of the general public who are transportation - disadvantaged . and SERVICE AREA Transportation disadvantaged people include seniors , people with disabilities , and low - income individuals . Providers receiving both 5311 and 5307 funds must have a method of allocating costs between the two programs . PTD suggests Subrecipients have sufficient funds to operate and maintain the NCDOT FINANCIAL funded program for at least three months without incoming revenue from grants . CAPACITY Subrecipients must have fiscal control and accounting procedures sufficient to permit the and MANAGEMENT tracking and reporting of grant funds . Any funds borrowed from a parent organization or governmental organization must be reported to NCDOT within 15 days . Subrecipients that expend more than $ 500 , 000 in federal funds from all sources ( including AUDIT REPORTS federal funds provided through NCDOT ) in a year must submit the annual single audit and FINANCIAL required by 09 NCAC 03M and evidence of resolution of findings related to the transit STATEMENTS program to NCDOT . The value of a bus or van purchased must be considered when determining whether a Subrecipient meets the threshold for a single audit . Subrecipients will title the equipment and NCDOT Public Transportation Division be named first lien holder . When the project equipment has been replaced , NCDOT will release the VEHICLE TITLES lien . Useful life standards are maintained in NCDOT' s Transit Asset Management ( TAM ) Tier II Sponsored Plan . This inventory is updated on an annual basis . INSURANCE Subrecipients will maintain insurance as defined in the procedures . Subrecipients will maintain project equipment at a high level of cleanliness , safety , and MAINTENANCE mechanical soundness . An 80 percent on -time performance standard forequipment and 1 PROGRAM SUMMARY SHEET REQUIREMENTS wheelchair lifts has been set . All maintenance activities are entered into Trapeze EAM and performance is monitored . FTA and state funded facilities require a written maintenance plan and annual submission of the maintenance performed . PTD discourages incidental uses of real property unless it can generate additional revenues for the transit system or, at a reasonable cost , enhances system ridership . Prior INCIDENTAL USE written approval is required for incidental uses of real property . which must be compatible with the original purposes of the contract . Incidental uses , such as meal delivery , are allowed if they do not interfere with the public transit service and cover the costs of the uses . Nutrition programs must cover the operating costs attributable to meal delivery , NCDOT Public Transportation Division requires quarterly and year end reports . Program ! PROGRAM status reports are also required with each claim submitted . Failure to submit reports . on REPORTING AND time will result in a reduction in the Rural Operating Assistance Program ( ROAP ) . i NCDOT Public Transportation Division maintains all procedures required for oversight . These expectations , the State Management Plan , funding applications and Certifications and Assurances must be followed to maintain good standing for future funding . Failure to OVERSIGHT submit reports on time will result in a reduction in the Rural Operating Assistance Program ( ROAD ) . Section 531 'i Circular C 9040 . 1G , Award Management Requirements 5010 . 1 E ; 09 N CAC 03 M Third Party Contracting Guidance 4220 . 1 F ICDOT ' s Business Guide REFERENCES Federal Transit Administration Annual Certifications and Assurances and Agreements i Additional Terms & Conditions in the agreement State Management Plan j PTD 5311 application overview and program material I UPDATES/ REVISIONS Original Date : 4/ 9/2018 Last Amended Date : is i i I I i ; I Ali I 2 � I PROGRAM SUMMARY SHEET REQUIREMENTS i i i i 1 i 3 ' APPENDIX A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION PROJECT NUMBER : 19 — CT- 056 APPROVED BUDGET SUMMARY EFFECTIVE DATE 7/ 1 /2018 I PROJECT SPONSOR : ORANGE COUNTY PROJECT DESCRIPTION : FY2019 COMMUNITY TRANSPORTATION PROGRAM I . TOTAL PROJECT EXPENDITURES DEPARTMENT — 4521 ADMINISTRATION — 36233 . 80 . 15 . 1 $ 176 , 215 PERIOD OF PERFORMANCE JULY 01 , 2018 — JUNE 3012019 I . TOTAL PROJECT EXPENDITURES DEPARTMENT — 4523 CAPITAL — 36233080015 . 3 $ 651570 PERIOD OF PERFORMANCE JULY 01 , 2018 — JUNE 3012019 I . TOTAL PROJECT EXPENDITURES DEPARTMENT — 4523 CAPITAL — 36233 . 80 . 15 . 4 $ 2 , 824 PERIOD OF PERFORMANCE JULY 01 , 2018 — JUNE 3012019 I I II . TOTAL PROJECT FUNDING TOTAL FEDERAL STATE LOCAL ADMINISTRATION — 36233 . 80 . 15 . 1 100 % 80 % 5 % 15 % f AGREEMENT # aoo: C3C08S $ 1761215 $ 140 , 972 $ 81810 $ 261433 t TOTAL FEDERAL STATE LOCAL CAPITAL I - ROLLING STOCK 36233 . 80 . 15 . 3 100 % 24 % 66 % 10 % AGREEMENT # 'ago()C) 5 ( 03 $ 651570 $ 15 , 737 $ 437276 $ 6 , 557 TOTAL FEDERAL STATE LOCAL CAPITAL II — 36233 . 80 . 15A 100 % 24 % 66 % 10 % AGREEMENT # $ 21824 $ 678 $ 1 , 864 $ 282 TOTAL $ 244 , 609 $ 1571387 $ 531950 $ 331272 a ii NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT : 19 - CT- 056 SPONSOR : ORANGE COUNTY I . WBS : 36233 . 80 . 1501 - - - - - - - - - - - - - - - -- - - - -- - -- - - - - - -- -- - ----- - - - - - - - - --- -- - --- -- - --- - -- - -- - --- - - - -- - - - - - -- - - - - - - - - - DEPARTMENT 4521 - ADMINISTRATION - - - - APPROVED TITLE - OBJECT BUDGET G121 SALARIES AND WAGES - FULL TIME 136 , 187 , G181 Social Sec . Contrib . 101418 G182 Retirement Contrib . 8 , 687 G183 Hosp . Ins . Contrib . 17 , 394 i G371 Mrktng . Paid Adv 3 , 529 TOTAL ADMINISTRATION $ 176 , 215 Approved Admin Budget Page 2 of 4 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET PROJECT : 19 - CT- 056 SPONSOR : ORANGE COUNTY VVBS : 36233 . 80 . 15 . 3 DEPARTMENT 4523 - CAPITAL APPROVED j TITLE - OBJECT BUDGET G546 20Ft LT W/ L F - Rpl 627820 G591 Veh Lettering/ Logos 21750 CAPITAL 1 $ 65 , 570 WBS : 36233 . 80 . 15A DEPARTMENT 4523 - CAPITAL APPROVED TITLE - OBJECT BUDGET G555 Mobile Radio Unit 21824 i CAPITAL If $ 2 , 824 TOTAL CAPITAL $ 68 , 394 i a 5 t f ,a u i Approved Admin Budget Page 3 of 4 i {f I NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION APPROVED PROJECT BUDGET SALARY AND WAGE DETAIL PROJECT : 19 - CT- 056 SPONSOR : ORANGE COUNTY SQ NO POSITION NO % FTE BUDGET DEPT . 4521 OBJECT CODE 121 01 TRANSIT DIRECTOR 01 60 % $ 79 , 360 $ 47 , 616 02 TRANS ADMINISTRATOR 01 60 % $ 67 , 000 $ 40 , 200 03 ASST TRANS ADMIN 01 60 % $ 59 , 382 $ 351629 04 ADMIN ASSISTANT 1 01 40 % $ 31 , 855 $ 12 , 742 TOTAL - OBJECT CODE 121 $ 136 , 187 DEPT . 4521 OBJECT CODE 125 01 01 100 % TOTAL - OBJECT CODE 125 $ - DEPT . 4521 OBJECT CODE 126 $ _ TOTAL - OBJECT CODE 126 $ - TOTAL DEPT . 4521 SALARIES AND WAGES $ 136 , 187 D ED �l E NOVNCID IT PUBLIC TRANSPORTATION TION aNI,Sf0 ► { Approved Salary and Wage Detail 4 of 4 PUBLIC TRANSPORTATION PROGRAM RESOLUTION FY 2019 RESOLUTION Section 5311 ( including ADTAP ) , 5310 , 5339 , 5307 and applicable State funding , or combination thereof. Applicant seeking permission to apply for Public Transportation Program funding , enter into agreement with the North Carolina Department of Transportation , provide t a necessary assurances and the required local match . A motion was made by (Boart,' ?'s a e) k and seconded by (Board Member's Name or N/A, if not required) fo the adoption of the following resolution , and upon being put to a I vote was duly adopted . WHEREAS , Article 213 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 , small urban , and urban public transportation services consistent with the policy requirements of each funding source 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 , the funds applied for may be Administrative , Operating , Planning , or Capital funds and will have different percentages of federal , state , and local funds . WHEREAS , non - Community Transportation applicants may apply for funding for " purchase - of-service" projects under the Section 5310 program . WHEREAS , (legal Name ofAppiicant) Orange Count 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( s ) , prepare t 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 . WHEREAS , the applicant has or will provide all annual certifications and assurances to the State of North Carolina required for the project ; f 1 Revised 07-27-2017 NOW, THEREFORE , be it resolved that the (Authorized Official's Title)* of ( Name of Applicant's Governing Body) Orange County Board of Commissioners is hereby_ authorized to submit grant application ( s ) for federal and state funding in response to NCDOT ' s calls for projects , make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural , small urban , and urban public transportation services . 1 ( Certifying Official 's Name)* ( Certifying Official's Title) &4dooereby certify that the above is a true an correct cop of an excerpt from the minutes of a fl e Ing of the (Name ofApplicant 's Governing Board) Orange County Board oqf iommisyloners duly held on the 17t" day of October , 2017 , i Signature of Certifying gffldiaI7 i * Note that the authorized official, certifying official, and notary public should be three separate individuals. . . . assess 8044 . . . . . . sea sad . . . . . . . . . . . ; Affix Notmy Seal Here Seal Subscribed and sworn tome (date) I r� dil V ri Wary Public i . Donna S Llo d Notary Public L - 1� Ir 7 Alamence County Printed Name d Address M Commt North Carolina 1 ' EX e i My commission expires (date) Z) x a t �i F z IIf� I1ph., F 2 Revised 07 -27 -2017 } u