HomeMy WebLinkAboutAgenda - 09-01-20; 5-a - NCDOT Public Transportation Division Public Transportation – 5307 Urbanized Area Formula Grant Applications for FY2021 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 1, 2020
Action Agenda
Item No. 5-a
SUBJECT: NCDOT Public Transportation Division/Public Transportation — 5307 Urbanized
Area Formula Grant Applications for FY2021
DEPARTMENT: Transportation Services
(OCTS), Public Transportation
Division
ATTACHMENT(S): INFORMATION CONTACT:
1. Previously Approved Urbanized Theo Letman, Transit Director, 919-245-
Area Formula Resolution 2007
2. 2020 Certifications and Assurances TeLeishia Holloway Transit
Signature Pages (2021 to be Administrator, 919-245-2002
received at a later date)
3. Public Hearing Notices
4. Local Share Certification for
Funding
5. Anticipated DBE/DWE Vendor
Awards
PURPOSE: To:
• Conduct an annual public hearing on the North Carolina Urbanized Area Formula grant
application by Orange County Transportation Services (OCTS) for FY2021;
• Approve the grant application which includes the resolution previously adopted by the
Board 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 2021 certifications
and assurances when they are received (2020 versions attached as examples).
BACKGROUND: Each year, the NCDOT Public Transportation Division accepts requests for
operations and administrative needs for county-operated Urbanized Area Formula Grant
applications. OCTS is eligible to make an application for both operations and administrative
funding. NCDOT has allotted $580,654 in funds detailed breakdown is outlined in the table
below:
5307 Grant Application: FY21
Total $ 580,654
State $ 290,327
Local $ 290,327
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FINANCIAL IMPACT: The department will utilize currently available carryover funds from
Article 43 Transit Tax proceeds to cover the required local match, and will propose the allocation
of these funds in a future Budget Amendment for consideration by the Board of Commissioners.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this item.
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
ethnic background; age; military service; disability; and familial, residential, or economic
status.
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs, and funding
necessary for residents to provide shelter, food, clothing, and medical care for
themselves and their dependents.
OCTS provides opportunities for access to jobs and services to many individuals.
The 5307 Grant provides Orange County access to funds to support its urban transportation
infrastructure that promotes economic self-sufficiency to a wide range of residents and
locations. The funds additionally support a system that enhances the access of residents in the
non-urbanized areas to health care, shopping, education, employment, public services, and
recreation.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impact is applicable to this item:
• CLEAN OR AVOIDED TRANSPORTATION
Implement programs that monitor and improve local and regional air quality by: 1)
promoting public transportation options; 2) decreasing dependence on single-occupancy
vehicles, and 3) otherwise minimizing the need for travel.
The 5307 Grant provides Orange County access to funds to support its urban transportation
infrastructure that promotes the use of clean diesel and alternative-fueled vehicles. Which
results in reduced carbon emissions in high density and at-risk populations?
RECOMMENDATION(S): The Manager recommends that the Board:
1. Conduct a public hearing to receive public comments on the proposed grant application;
2. Close the public hearing;
3. Approve the Urbanized Area Formula Grant application for FY2021 in the total amount of
$580,654 with a local match total of $290,327 to be provided when necessary;
4. Approve and authorize the Chair to sign the Local Share Certification for Funding form;
and
5. Authorize the County Attorney to review and complete the necessary 2021 certifications
and assurances when they are received (2020 versions attached as examples).
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RES-2019-058
PUBLIC TRANSPORTATION PROGRAM RESOLUTION
FY 2021 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 the necessary assurances and the required local
match.
A motion was made by Ldf�rdand seconded by mar for rthe adoption
Ca' �Km:ss,a�,e�-
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,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 Capital budget Section 5310 program.
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(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.
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WHEREAS,the applicant has or will provide all annual certifications and assurances to the
State of North Carolina required for the project;
NOW, THEREFORE,be it resolved that the Chair of the 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.
I,David Hunt,Deputy Clerk to the Board 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 1st day
of October,2019.
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Si ature of Certifying Official
*Note that the authorized official, certifying official, and notary public should be three separate individuals.
Affi , afa y�eal Here
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(date)
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(date)
2 Revised 04-03-19
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Attachment 2 5
Certifications and Assurances Fiscal Year 2020
Not every provision of every certification will apply to every applicant or award. If a provision
of a certification does not apply to the applicant or its award, FTA will not enforce that
provision. Refer to FTA's accompanying Instructions document for more information.
Text in italics is guidance to the public. It does not have the force and effect of law, and is not
meant to bind the public in any way. It is intended only to provide clarity to the public regarding
existing requirements under the law or agency policies.
CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY
APPLICANT.
All applicants must make the certifications in this category.
1.1. Standard Assurances.
The certifications in this subcategory appear as part of the applicant's registration or annual
registration renewal in the System for Award Management (SAM.gov) and on the Office of
Management and Budget's standard form 424E "Assurances—Non-Construction Programs".
This certification has been modified in places to include analogous certifications required by
U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial
and financial capability(including funds sufficient to pay the non-Federal share of project
cost)to ensure proper planning, management and completion of the project described in
this application.
(b) Will give the awarding agency, the Comptroller General of the United States and, if
appropriate, the State, through any authorized representative, access to and the right to
examine all records, books,papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted accounting standards
or agency directives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
(d) Will initiate and complete the work within the applicable time frame after receipt of
approval of the awarding agency.
(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-
4763) relating to prescribed standards for merit systems for programs funded under one
of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration(5 C.F.R. 900, Subpart F).
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(f) Will comply with all Federal statutes relating to nondiscrimination. These include but are
not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin, as effectuated by U.S.
DOT regulation 49 C.F.R. Part 21;
(2) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex, as
effectuated by U.S. DOT regulation 49 C.F.R. Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any
person being excluded from participating in, denied a benefit of, or discriminated
against under, a project, program, or activity receiving financial assistance from
FTA because of race, color, religion, national origin, sex, disability, or age.
(4) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794),
which prohibits discrimination on the basis of handicaps, as effectuated by U.S.
DOT regulation 49 C.F.R. Part 27;
(5) The Age Discrimination Act of 1975, as amended(42 U.S.C. §§ 6101-6107),
which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing;
(10) Any other nondiscrimination provisions in the specific statute(s)under which
application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s)which may apply to the
application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
("Uniform Act") (P.L. 91-646)which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally-assisted
programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases. The requirements of the
Uniform Act are effectuated by U.S. DOT regulation 49 C.F.R. Part 24.
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(h) Will comply, as applicable, with provisions of the Hatch Act(5 U.S.C. §§ 1501-1508
and 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
(i) Will comply, as applicable, with the provisions of the Davis—Bacon Act (40 U.S.C.
§§ 276a to 276a-7), the Copeland Act(40 U.S.C. § 276c and 18 U.S.C. § 874), and the
Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 327-333), regarding labor
standards for federally assisted construction subagreements.
(j) Will comply, if applicable,with flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234)which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if
the total cost of insurable construction and acquisition is $10,000 or more.
(k) Will comply with environmental standards which may be prescribed pursuant to the
following:
(1) Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO)
11514;
(2) Notification of violating facilities pursuant to EO 11738;
(3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(5) Assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et
seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended(P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as
amended(P.L. 93-205).
(1) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended(16 U.S.C. § 470), EO 11593
(identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.).
(n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
(o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended,
7 U.S.C. §§ 2131 et seq.)pertaining to the care, handling, and treatment of warm blooded
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animals held for research, teaching, or other activities supported by this award of
assistance.
(p) Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et
seq.)which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 C.F.R. Part 200, Subpart F, "Audit
Requirements", as adopted and implemented by U.S. DOT at 2 C.F.R. Part 1201.
(r) Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing the program under which it is applying for assistance.
(s) Will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act(TVPA) of 2000, as amended(22 U.S.C. § 7104)which prohibits grant
award recipients or a sub-recipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that
the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in
effect; or
(3) Using forced labor in the performance of the award or subawards under the
award.
1.2. Standard Assurances: Additional Assurances for Construction Projects.
This certification appears on the Office of Management and Budget's standard form 424D
"Assurances—Construction Programs"and applies specifically to federally assisted projects for
construction. This certification has been modified in places to include analogous certifications
required by U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or
other interest in the site and facilities without permission and instructions from the
awarding agency; will record the Federal awarding agency directives; and will include a
covenant in the title of real property acquired in whole or in part with Federal assistance
funds to assure nondiscrimination during the useful life of the project.
(b) Will comply with the requirements of the assistance awarding agency with regard to the
drafting, review, and approval of construction plans and specifications.
(c) Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work confirms with the approved plans and
specifications, and will furnish progressive reports and such other information as may be
required by the assistance awarding agency or State.
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1.3. Procurement.
The Uniform Administrative Requirements, 2 C.F.R. 200.324, allow a recipient to self-certify
that its procurement system complies with Federal requirements, in lieu of submitting to certain
pre procurement reviews.
The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, "Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards," 2 C.F.R. Part 1201,which incorporates by
reference U.S. OMB regulatory guidance, "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards,"2 C.F.R. Part 200,particularly
2 C.F.R. §§ 200.317-200.326 "Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and
(c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.
1.4. Suspension and Debarment.
Pursuant to Executive Order 12549, as implemented at 2 C.F.R. Parts 180 and 1200,prior to
entering into a covered transaction with an applicant, FTA must determine whether the applicant
is excluded from participating in covered non procurement transactions. For this purpose, FTA
is authorized to collect a certification from each applicant regarding the applicant's exclusion
status. 2 C.F.R. § 180.300. Additionally, each applicant must disclose any information required
by 2 C.F.R. § 180.335 about the applicant and the applicant's principals prior to entering into
an award agreement with FTA. This certification serves both purposes.
The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its
principals:
(a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily or involuntarily excluded from covered transactions by any Federal
department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment
rendered against him or her for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction; violation of Federal or State antitrust statutes, including those proscribing
price fixing between competitors, allocation of customers between competitors, and bid
rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, receiving stolen property, making false
claims, or obstruction of justice; or commission of any other offense indicating a lack of
business integrity or business honesty;
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(c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(Federal, State, or local)with commission of any offense described in paragraph
(b) of this certification;
(d) Has not, within the preceding three years, had one or more public transactions (Federal,
State, or local) terminated for cause or default.
1.5. Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment.
The applicant certifies that, consistent with Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), beginning on and after
August 13, 2020, it will not use assistance awarded by FTA to procure or obtain, extend or renew
a contract to procure or obtain, or enter into a contract(or extend or renew a contract) to procure
or obtain"covered telecommunications equipment or services" (as that term is defined in Section
889 of the Act) if such equipment or services will be used as a substantial or essential component
of any system or as critical technology as part of any system.
CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
Beginning on July 20, 2020, this certification is required of each applicant under the Urbanized
Area Formula Grants Program (49 U.S.C. §5307), each rail operator that is subject to FTA's
state safety oversight programs, and each State that is required to draft and certify a public
transportation agency safety plan on behalf of a small public transportation provider pursuant to
49 C.F.R. § 673.11(d). This certification is required by 49 C.F.R. §673.13.
This certification does not apply to any applicant that receives financial assistance from FTA
exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C.
§5310), the Formula Grants for Rural Areas Program (49 U.S.C. §5311), or combination of
these two programs.
An applicant may make this certification only after fulfilling its safety planning requirements
under 49 C.F.R. Part 673. If an applicant is making its fiscal year 2020 certifications prior to
completing its requirements under 49 C.F.R. Part 673, it will make all other applicable
certifications except this certification; the applicant may add this certification after it has
fulfilled its requirements under 49 C.F.R. Part 673. FTA's regional offices and headquarters
Office of Transit Safety and Oversight will provide support for incorporating this certification in
2020.
On and after July 20, 2020, FTA will not process an application from an applicant required to
make this certification unless the applicant has made this certification.
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If the applicant is an operator, the applicant certifies that it has established a public transportation
agency safety plan meeting the requirements of 49 C.F.R. Part 673.
If the applicant is a State, the applicant certifies that:
(a) It has drafted a public transportation agency safety plan for each small public
transportation provider within the State, unless the small public transportation
provider provided notification to the State that it was opting-out of the State-drafted
plan and drafting its own public transportation agency safety plan; and
(b) Each small public transportation provider within the state has a public transportation
agency safety plan that has been approved by the provider's Accountable Executive
(as that term is defined at 49 C.F.R. § 673.5) and Board of Directors or Equivalent
Authority(as that term is defined at 49 C.F.R. § 673.5).
CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.
If the applicant is a business association (regardless of for profit, not for profit, or tax exempt
status), it must make this certification. Federal appropriations acts since at least 2014 have
prohibited FTA from using funds to enter into an agreement with any corporation that has
unpaid Federal tax liabilities or recent felony convictions without first considering the
corporation for debarment. E.g., Consolidated Appropriations Act, 2020, Pub. L. 116-93, div. C,
title VII, §§ 744-745. U.S. DOT Order 4200.6 defines a "corporation"as "any private
corporation,partnership, trust,joint-stock company, sole proprietorship, or other business
association", and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT
Order 4200.6, FTA requires each business association applicant to certify as to its tax and
felony status.
If the applicant is a private corporation, partnership, trust,joint-stock company, sole
proprietorship, or other business association, the applicant certifies that:
(a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the
preceding 24 months.
CATEGORY 4. LOBBYING.
If the applicant will apply for a grant or cooperative agreement exceeding$100,000, or a loan,
line of credit, loan guarantee, or loan insurance exceeding$150,000, it must make the following
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certification and, if applicable, make a disclosure regarding the applicant's lobbying activities.
This certification is required by 49 C.F.R. §20.110 and app. A to that part.
This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or
an Indian tribal organization exempt from the requirements of 49 C.F.R. Part 20.
4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) 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.
(b) 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.
(c) The undersigned 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.
4.2. Statement for Loan Guarantees and Loan Insurance.
The undersigned states, to the best of his or her knowledge and belief,that:
If any 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 commitment
providing for the United States to insure or guarantee a loan, the undersigned shall complete and
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submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
Submission of this statement 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 statement
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
CATEGORY 5. PRIVATE SECTOR PROTECTIONS.
If the applicant will apply for funds that it will use to acquire or operate public transportation
facilities or equipment, the applicant must make the following certification regarding protections
for the private sector.
5.1. Charter Service Agreement.
To enforce the provisions of 49 U.S.C. §5323(d), FTA's charter service regulation requires each
applicant seeking assistance from FTA for the purpose of acquiring or operating any public
transportation equipment or facilities to make the following Charter Service Agreement.
49 C.F.R. § 604.4.
The applicant agrees that it, and each of its subrecipients, and third party contractors at any level
who use FTA-funded vehicles, may provide charter service using equipment or facilities
acquired with Federal assistance authorized under the Federal Transit Laws only in compliance
with the regulations set out in 49 C.F.R. Part 604, the terms and conditions of which are
incorporated herein by reference.
5.2. School Bus Agreement.
To enforce the provisions of 49 U.S.C. §5323()9, FTA's school bus regulation requires each
applicant seeking assistance from FTA for the purpose of acquiring or operating any public
transportation equipment or facilities to make the following agreement regarding the provision
of school bus services. 49 C.F.R. § 605.15.
(a) If the applicant is not authorized by the FTA Administrator under 49 C.F.R. § 605.11 to
engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage
in school bus operations in competition with private school bus operators.
(2) The applicant agrees that it will not engage in any practice which constitutes a
means of avoiding the requirements of this agreement, part 605 of the Federal
Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of
1973 (49 U.S.C. 1602a(b)).
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(b) If the applicant is authorized or obtains authorization from the FTA Administrator to
engage in school bus operations under 49 C.F.R. § 605.11, the applicant agrees as
follows:
(1) The applicant agrees that neither it nor any operator of project equipment will
engage in school bus operations in competition with private school bus operators
except as provided herein.
(2) The applicant, or any operator of project equipment, agrees to promptly notify the
FTA Administrator of any changes in its operations which might jeopardize the
continuation of an exemption under § 605.11.
(3) The applicant agrees that it will not engage in any practice which constitutes a
means of avoiding the requirements of this agreement, part 605 of the Federal
Transit Administration regulations or section 164(b) of the Federal-Aid Highway
Act of 1973 (49 U.S.C. 1602a(b)).
(4) The applicant agrees that the project facilities and equipment shall be used for the
provision of mass transportation services within its urban area and that any other
use of project facilities and equipment will be incidental to and shall not interfere
with the use of such facilities and equipment in mass transportation service to the
public.
CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN.
If the applicant owns, operates, or manages capital assets used to provide public transportation,
the following certification is required by 49 U.S.C. §5326(a).
The applicant certifies that it is in compliance with 49 C.F.R. Part 625.
CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.
7.1. Rolling Stock Buy America Reviews.
If the applicant will apply for an award to acquire rolling stock for use in revenue service, it
must make this certification. This certification is required by 49 C.F.R. § 663.7.
The applicant certifies that it will conduct or cause to be conducted the pre-award and post-
delivery audits prescribed by 49 C.F.R. Part 663 and will maintain on file the certifications
required by Subparts B, C, and D of 49 C.F.R. Part 663.
7.2. Bus Testing.
If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus
model with a major change in configuration or components, the applicant must make this
certification. This certification is required by 49 C.F.R. § 665.7.
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The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus
received a passing test score as required by 49 C.F.R. Part 665. The applicant has received or
will receive the appropriate full Bus Testing Report and any applicable partial testing reports
before final acceptance of the first vehicle.
CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM.
If the applicant will apply for an award under the Urbanized Area Formula Grants Program
(49 U.S.C. §5307), or any other program or award that is subject to the requirements of
49 U.S.C. §5307, including the Formula Grants for the Enhanced Mobility of Seniors Program
(49 U.S.C. §5310); `flex funds"from infrastructure programs administered by the Federal
Highways Administration (see 49 U.S.C. §5334(i));projects that will receive an award
authorized by the Transportation Infrastructure Finance and Innovation Act("TIFIA')
(23 U.S.C. §§601-609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C.
§5323(o));formula awards or competitive awards to urbanized areas under the Grants for
Buses and Bus Facilities Program (49 U.S.C. §5339(a) and(b)); or low or no emission awards
to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. §5339(c)), the
applicant must make the following certification. This certification is required by 49 U.S.C.
§5307(c)(1).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of
projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects
of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities;
(c) Will maintain equipment and facilities in accordance with the applicant's transit asset
management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or
equipment of a project financed under this section, a fare that is not more than 50 percent
of the peak hour fare will be charged for any
(1) Senior;
(2) Individual who, because of illness, injury, age, congenital malfunction, or any
other incapacity or temporary or permanent disability(including an individual
who is a wheelchair user or has semi-ambulatory capability), cannot use a public
transportation service or a public transportation facility effectively without special
facilities,planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or
XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.);
(e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C.
§§ 5323 (general provisions) and 5325 (contract requirements);
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(f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements);
(g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d)
(cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304
(statewide and nonmetropolitan transportation planning);
(i) Has a locally developed process to solicit and consider public comment before raising a
fare or carrying out a major reduction of transportation;
(j) Either
(1) Will expend for each fiscal year for public transportation security projects,
including increased lighting in or adjacent to a public transportation system
(including bus stops, subway stations, parking lots, and garages), increased
camera surveillance of an area in or adjacent to that system,providing an
emergency telephone line to contact law enforcement or security personnel in an
area in or adjacent to that system, and any other project intended to increase the
security and safety of an existing or planned public transportation system, at least
1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C.
§ 5336; or
(2) Has decided that the expenditure for security projects is not necessary;
(k) In the case of an applicant for an urbanized area with a population of not fewer than
200,000 individuals, as determined by the Bureau of the Census, will submit an annual
report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for
associated transit improvements as defined in 49 U.S.C. § 5302; and
(1) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).
CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS.
If the applicant will apply for funds made available to it under the Formula Grants for Rural
Areas Program (49 U.S.C. §5311), it must make this certification. Paragraph (a) of this
certification helps FTA make the determinations required by 49 U.S.C. §5310(b)(2)(Q.
Paragraph (b) of this certification is required by 49 U.S.C. §5311(f)(2). Paragraph (c) of this
certification, which applies to funds apportioned for the Appalachian Development Public
Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C.
§5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects,
including agreements with private providers for public transportation service
(1) Provides a fair distribution of amounts in the State, including Indian reservations;
and
(2) Provides the maximum feasible coordination of public transportation service
assisted under 49 U.S.C. § 5311 with transportation service assisted by other
Federal sources; and
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(b) If the applicant will in any fiscal year expend less than 15% of the total amount made
available to it under 49 U.S.C. § 5311 to carry out a program to develop and support
intercity bus transportation, the applicant certifies that it has consulted with affected
intercity bus service providers, and the intercity bus service needs of the State are being
met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating
expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public
Transportation Assistance Program), the applicant certifies that
(1) It has approved the use in writing only after providing appropriate notice and an
opportunity for comment and appeal to affected public transportation providers;
and
(2) It has determined that otherwise eligible local transit needs are being addressed.
CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE
EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT
PROGRAM.
If the applicant will apply for an award under any subsection of the Fixed Guideway Capital
Investment Program (49 U.S.C. §5309), including an award made pursuant to the FAST Act's
Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A,
title III, §3005(b)), the applicant must make the following certification. This certification is
required by 49 U.S.C. §5309(c)(2) and Pub. L. 114-94, div. A, title III, §3005(b)(3)(B).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out its Award,
including the safety and security aspects of that Award,
(b) Has or will have satisfactory continuing control over the use of equipment and facilities
acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in
accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304
(statewide and nonmetropolitan transportation planning).
CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO
EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.
If the applicant is in an urbanized area and will apply for an award under subsection (a)
(formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus
Facilities Program (49 U.S.C. §5339), the applicant must make the certification in Category 8
for Urbanized Area Formula Grants (49 U.S.C. §5307). This certification is required by
49 U.S.C. §5339(a)(3) and(b)(6), respectively.
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If the applicant is in a rural area and will apply for an award under subsection (a) (formula
grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities
Program (49 U.S.C. §5339), the applicant must make the certification in Category 9 for
Formula Grants for Rural Areas (49 U.S.C. §5311). This certification is required by 49 U.S.C.
§5339(a)(3) and(b)(6), respectively.
If the applicant, regardless of whether it is in an urbanized or rural area, will apply for an
award under subsection (c) (low or no emission vehicle grants) of the Grants for Buses and Bus
Facilities Program (49 U.S.C. §5339), the applicant must make the certification in Category 8
for Urbanized Area Formula Grants (49 U.S.C. §5307). This certification is required by
49 U.S.C. §5339(c)(3).
Making this certification will incorporate by reference the applicable certifications in
Category 8 or Category 9.
CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES PROGRAMS.
If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of
Seniors and Individuals with Disabilities Program (49 U.S.C. §5310), it must make the
certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. §5307). This
certification is required by 49 U.S.C. §5310(e)(1). Making this certification will incorporate by
reference the certification in Category 8, except that FTA has determined that(d), (f), (i), 0), and
(k) of Category 8 do not apply to awards made under 49 U.S.C. §5310 and will not be enforced.
In addition to the certification in Category 8, the applicant must make the following certification
that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with
Disabilities Program. This certification is required by 49 U.S.C. §5310(e)(2).
The applicant certifies that:
(a) The projects selected by the applicant are included in a locally developed, coordinated
public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that
included participation by seniors, individuals with disabilities, representatives of public,
private, and nonprofit transportation and human services providers, and other members of
the public;
(c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be
coordinated with transportation services assisted by other Federal departments and
agencies, including any transportation activities carried out by a recipient of a grant from
the Department of Health and Human Services; and
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(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it
will do so on a fair and equitable basis.
CATEGORY 13. STATE OF GOOD REPAIR GRANTS.
If the applicant will apply for an award under FTA's State of Good Repair Grants Program
(49 U.S.C. §5337), it must make the following certification. Because FTA generally does not
review the transit asset management plans of public transportation providers, this certification is
necessary to enforce the provisions of 49 U.S.C. §5337(a)(4).
The applicant certifies that the projects it will carry out using assistance authorized by the State
of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant's most recent
transit asset management plan and are identified in the investment and prioritization section of
such plan, consistent with the requirements of 49 C.F.R. Part 625.
CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS.
If the applicant will apply for an award for a project that will include assistance under the
Transportation Infrastructure Finance and Innovation Act ("TIFIA')Program (23 U.S.C.
§§ 601-609) or the State Infrastructure Banks ("SIB')Program (23 U.S.C. § 610), it must make
the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10
for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of
Good Repair Grants program. These certifications are required by 49 U.S.C. §5323(o).
Making this certification will incorporate the certifications in Categories 8, 10, and 13 by
reference.
CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
If the applicant will apply for an award under FTA's Urbanized Area Formula Grants Program
(49 U.S.C. §5307), Fixed Guideway Capital Investment Program (49 U.S.C. §5309), Formula
Grants for Rural Areas Program (49 U.S.C. §5311), or Grants for Buses and Bus Facilities
Program (49 U.S.C. §5339)programs, the applicant must make the following certification. The
applicant must make this certification on its own behalf and on behalf of its subrecipients and
contractors. This certification is required by 49 C.F.R. § 655.83.
The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA's
regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,
49 C.F.R. Part 655.
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CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT.
If the applicant is a State with at least one rail fixed guideway system, or is a State Safety
Oversight Agency, or operates a rail fixed guideway system, it must make the following
certification. The elements of this certification are required by 49 C.F.R. §§ 659.43, 672.31, and
674.39.
The applicant certifies that the rail fixed guideway public transportation system and the State
Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 C.F.R. part 659, "Rail Fixed Guideway Systems;
State Safety Oversight";
(b) Compliant with the requirements of 49 C.F.R. part 672, "Public Transportation Safety
Certification Training Program"; and
(c) Compliant with the requirements of 49 C.F.R. part 674, "Sate Safety Oversight".
CATEGORY 17. DEMAND RESPONSIVE SERVICE.
If the applicant operates demand responsive service and will apply for an award to purchase a
non-rail vehicle that is not accessible within the meaning of 49 C.F.R. Part 37, it must make the
following certification. This certification is required by 49 C.F.R. §37.77.
The applicant certifies that the service it provides to individuals with disabilities is equivalent to
that provided to other persons. A demand responsive system, when viewed in its entirety, is
deemed to provide equivalent service if the service available to individuals with disabilities,
including individuals who use wheelchairs, is provided in the most integrated setting appropriate
to the needs of the individual and is equivalent to the service provided other individuals with
respect to the following service characteristics:
(a) Response time;
(b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(f) Availability of information and reservation capability; and
(g) Any constraints on capacity or service availability.
CATEGORY 18. INTEREST AND FINANCING COSTS.
If the applicant will pay for interest or other financing costs of a project using assistance
awarded under the Urbanized Area Formula Grants Program (49 U.S.C. §5307), the Fixed
Guideway Capital Investment Grants Program (49 U.S.C. §5309), or any program that must
comply with the requirements of 49 U.S.C. §5307, including the Formula Grants for the
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Enhanced Mobility of Seniors Program (49 U.S.C. §5310), `flex funds"from infrastructure
programs administered by the Federal Highways Administration (see 49 U.S.C. §5334(i)), or
awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C.
§5339), the applicant must make the following certification. This certification is required by
49 U.S.C. §§5307(e)(3) and 5309(k)(2)(D).
The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the
applicant only to the extent proceeds of the bonds were or will be expended in carrying
out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable
financing terms available to the project at the time of borrowing.
CATEGORY 19. CONSTRUCTION HIRING PREFERENCES.
If the applicant will ask FTA to approve the use of geographic, economic, or any other hiring
preference not otherwise authorized by law on any contract or construction project to be assisted
with an award from FTA, it must make the following certification. This certification is required
by the Further Consolidated Appropriations Act, 2020, Pub. L. 116-94, div. H, title I, § 191.
The applicant certifies the following:
(a) That except with respect to apprentices or trainees, a pool of readily available but
unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(b) That the grant recipient will include appropriate provisions in its bid document ensuring
that the contractor does not displace any of its existing employees in order to satisfy such
hiring preference; and
(c) That any increase in the cost of labor, training, or delays resulting from the use of such
hiring preference does not delay or displace any transportation project in the applicable
Statewide Transportation Improvement Program or Transportation Improvement
Program.
CATEGORY 20. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK
AND OPERATIONS.
If the applicant operates a rail fixed guideway public transportation system, it must make this
certification. This certification is required by 49 U.S.C. §5323(v), a new subsection added by the
National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, § 7613 (Dec. 20,
2019). For information about standards or practices that may apply to a rail fixed guideway
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public transportation system, visit https://www.nist.zov/cyberframework and
htlps://www.cisa.aov/.
The applicant certifies that it has established a process to develop, maintain, and execute a
written plan for identifying and reducing cybersecurity risks that complies with the requirements
of 49 U.S.C. § 5323(v)(2).
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FEDERAL FISCAL YEAR 2020 CERTIFICATIONS AND ASSURANCES FOR FTA
ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.)
Name of Applicant: Orange County
The Applicant certifies to the applicable provisions of categories 01-20.
Or,
The Applicant certifies to the applicable provisions of the categories it has selected:
Category Certification
01 Certifications and Assurances Required of Every Applicant
02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Lobbying
05 Private Sector Protections
06 Transit Asset Management Plan
07 Rolling Stock Buy America Reviews and Bus Testing
08 Urbanized Area Formula Grants Program
09 Formula Grants for Rural Areas
10 Fixed Guideway Capital Investment Grants and the Expedited
Project Delivery for Capital Investment Grants Pilot Program
11 Grants for Buses and Bus Facilities and Low or No Emission
Vehicle Deployment Grant Programs
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12 Enhanced Mobility of Seniors and Individuals with Disabilities
Programs
13 State of Good Repair Grants
14 Infrastructure Finance Programs
15 Alcohol and Controlled Substances Testing
16 Rail Safety Training and Oversight
17 Demand Responsive Service
18 Interest and Financing Costs
19 Construction Hiring Preferences
20 Cybersecurity Certification for Rail Rolling Stock and
Operations
FEDERAL FISCAL YEAR 2020 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE
PAGE
(Required of all Applicants for federal assistance to be awarded by FTA in FY 2020)
AFFIRMATION OF APPLICANT
Name of the Applicant: Orange County
BY SIGNING BELOW,on behalf of the Applicant,I declare that it has duly authorized me to make these
Certifications and Assurances and bind its compliance.Thus,it agrees to comply with all federal laws,regulations,
and requirements,follow applicable federal guidance,and comply with the Certifications and Assurances as
indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal
Transit Administration(FTA)in federal fiscal year 2020,irrespective of whether the individual that acted on his or
her Applicant's behalf continues to represent it.
FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document
should apply to each Award for which it now seeks,or may later seek federal assistance to be awarded during
federal fiscal year 2020.
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 FTA,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
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 by 49 U.S.C.chapter 53 or any other statute
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Certifications and Assurances Fiscal Year 2020
In signing this document,I declare under penalties of perjury that the foregoing Certifications and Assurances,and
any other st-'----'sign day"`"'e on behalf of the Applicant are true and accurate.
��,, 3/6/2020
Signature_ P F21c E 47E.._ Date:
Penny Rich
Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT'S ATTORNEY
For(Name of Applicant):
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 it.
I further affirm 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
assisted Award oocusigned ey:
E�66' pk� 'fs 3/6/2020
Signature EAA3D3ED8AW5... Date:
John Roberts
Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA mustprovide an Affirmation ofApplicant's Attorney
pertaining to the Applicant's legal capacity. The Applicant may enter its electronic signature in lieu of the
Attorney's signature within TrAMS,provided the Applicant has on file and uploaded to TrAMS this hard-copy
Affirmation,signed by the attorney and dated this federal fiscal year.
3
Attachment 3 26
PUBLIC HEARING NOTICE
Section 5311 (ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof.
This is to inform the public that a public hearing will be held on the proposed Orange County Small &
Large Urbanized Area Transportation Program Applications to be submitted to the North Carolina
Department of Transportation no later than September 15, 2020. The public hearing will be held on
September 1, 2020 at 7:00 pm before the Orange County Board of County Commissioners at Virtual
Meeting Session.
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 TeLeishia Holloway on or
before August 26, 2020, at telephone number 919.245.2002 or via email at
tholloway@orangecountync.gov.
The Small and Large Urbanized Area 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 will provide 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, 2020 through June 30, 2021)
Project Total Amount Local Share
Administrative $ $
Operating $ 580,654 $ 290,327 (50%)
(5307 21-SU-056A)
(5307 21 LU-056B)
Capital (Vehicles & Other) $ $ $
Other $ $
TOTAL PROJECT $ 580,654 $ 290,327
Total Funding Request Total Local Share
This application may be inspected at Orange County Public Transportation Administration Building
at 600 Highway 86 North, Hillsborough, NC 27278 from 8:00 am -5:00 pm, Monday through
Friday. Written comments should be directed to ocbocc .orangecountync.gov email address by 3:00
PM on the afternoon of the meeting (September 1, 2020).
Orange County Board of Commissioners' meetings and work sessions are available via live streaming
video at orangecountync.gov/967/Meeting-Videos and Orange County Gov-TV on channels 1301 or
97.6 (Spectrum Cable).
27
Public Comment Instructions
Public Comment—Written
(for Items not on the Agenda, Agenda Items and Public Hearings)
Members of the public may provide written public comment by submitting it to the
ocbocc(a-)orangecountync.gov email address by 3:00 PM on the afternoon of the meeting.
When submitting the comment, include the following:
• The date of the meeting
• The agenda item (example: 6-a) you wish to comment on
• Your name, address, email and phone number
The Orange County Board of Commissioners, County Manager, County Attorney and Clerk to
the Board, will be copied on all of the emails that are submitted.
Public Comment—Verbal
(for Items not on the Agenda, Agenda Items and Public Hearings)
Members of the public will be asked to contact the Clerk to the Board using the email address
ocpubliccomment(a�orangecountync.gov no later than 3:00 PM on the day of the meeting and
indicate they wish to speak during the meeting.
When submitting the request to speak, include the following:
• The date of the meeting
• The agenda item (example: 6-a) you wish to speak on
• Your name, address, email and phone number
• The phone number must be the number you plan to call in from if participating by phone
Prior to the meeting, speakers will be emailed a participant link to be able to make comments
during the live meeting. Speakers may use a computer (with camera and/or microphone) or
phone to make comments. Speakers using the phone for comments must use the provided
PIN/Password number.
The public speaker's audio and video will be muted until the BOCC gets to the respective
agenda item(s). Individuals who have pre-registered will then be brought into the public portion of
the meeting one at a time.
If a member of the public encounters any concerns prior to or during the meeting related to
speaking, please contact Greg Wilder at 919-245-2314.
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 5307 grant application.
s:\agendas\2020\09-01-20\5-a 3-public hearing notices.doc
28
AVISO DE AUDIENCIA PUBLICA
SECCI6N 5311 (ADTAP),5310,5339,5307 y fondos estatales aplicables, o una combinaci6n de ellos.
Esto es para informar al p6blico de que se Ilevara a cabo una audiencia p6blica sobre las Solicitudes propuestas
para el Programa de Transporte de Area Urbanizada Pequena y Grande del Condado de Orange que se
presentaran al Departamento de Transporte de Carolina del Norte a mas tardar el 15 de septiembre de 2020. La
audiencia p6blica se Ilevara a cabo el 1 de septiembre de 2020 a las 7:00 pm ante la Junta de Comisionados
del Condado de Orange en el Virtual Meeting.
Las personas interesadas en asistir a la audiencia p6blica y que necesiten ayuda y servicios auxiliares
seg6n la Ley de Estadounidenses con Discapacidades (ADA) o un traductor de idiomas deben
comunicarse con Teleishia Holloway el 26 de agusto de 2020 o antes, al n6mero de telefono
919.245.2002 o por correo electr6nico a tholloway(aborangecountync.gov.
El Programa de Transporte para Areas Urbanizadas Pequenas y Grandes proporciona asistencia para coordinar
los programas de transporte existentes que operan en el Condado de Orange, as[ como opciones y servicios de
transporte para las comunidades dentro de esta area de servicio. Estos servicios se proporcionan
actualmente mediante respuesta a la demanda rural y rutas de suscripcion. Los servicios son
prestados por el Departamento de Transporte del Condado de Orange.
El monto total estimado solicitado para el periodo compredido entre el (1 de julio de 2020 y el 30
de junio de 2021).
Proyecto Cantidad Total Compartir Local
Administrativo $ N/A $ N/A
Funcionamiento
(5307 21-SU-056A) $580,654 $ 290,327 (50%)
(5307 21 LU-056B)
Capital (Vehiculos y otros) $ N/A $ N/A
Otro $ N/A
$ N/A
TOTAL DEL PROYECTO $580,654 $ 290,327
Solicitud de financiacion total Total cuota Local
Esta solicitud puede ser inspeccionada en en el edificio de administraci6n de transporte p6blico del Condado
de Orange en 600 Highway 86 North, Hillsborough, NC 27278 de 8:00 am a 5:00 pm. Los comentarios escritos
deben dirigirse a ocbocc(aD-orangecountync.gov antes del 3:00pm 1 de septiembre de 2020.
Las reuniones y sesiones de trabajo de la Junta de Comisionados del Condado de Orange estan
disponibles a traves de transmisi6n de video en vivo en orangecountVnc.gov/967/Meeting-Videos y en
Orange County Gov-TV (television de gobierno del condado de Orange) en los canales 1301 o 97.6
(Spectrum Cable).
29
Instrucciones para Comentario Publico
Comentario Publico - Escrito
(pars temas que no estan en la agenda, Temas de la Agenda y Audiencias Publicas)
Los miembros del publico pueden proporcionar comentarios publicos por escrito enviandolos a
ocbocc(a)-orangecountync.gov direcci6n de correo electr6nico antes de Ias 3:00 PM de la tarde del dia
de la reunion.
Al enviar el comentario, incluya to siguiente:
• La fecha de la reunion
• El tema de la agenda (ejemplo: 6-a) sobre el que desea comentar
• Su nombre, direcci6n, correo electr6nico y numero de telefono
Se le enviara una copia a la Junta de Comisionados del Condado de Orange, al Administrador del
Condado, al Fiscal del Condado y al Secretario de la Junta de todos los correos electr6nicos que se
reciban.
Comentario Publico - Verbal
(para temas que no estan en la agenda, temas de la Agenda y Audiencias Publicas)
Se pedira a los miembros del publico que se comuniquen con el Secretario de la Junta utilizando la
direcci6n de correo electr6nico ocpubliccomment(a-)_orangecountync.gov a mas tardar a Ias 3:00 PM del
dia de la reuni6n a indicar que desean hablar durante la reuni6n.
Al enviar la solicitud para hablar, incluya to siguiente:
• La fecha de la reuni6n
• El tema de la agenda (ejemplo: 6-a) sobre el que desea hablar
• Su nombre, direcci6n, correo electr6nico y numero de telefono
• El numero de telefono debe ser el mismo numero desde el que usted planea Ilamar si participa
por telefono
Antes de la reuni6n, los oradores recibiran un enlace de participante por correo electr6nico para que
puedan hacer comentarios durante la reuni6n en vivo. Los oradores pueden usar una computadora (con
camara y/o micr6fono) o un telefono para hacer sus comentarios. Los oradores que usen el telefono
para hacer comentarios deben usar el numero de PIN/Contrasena proporcionados.
El audio y el video del orador publico se silenciaran hasta que la Junta de Comisionados del Condado
(BOCC, sus siglas en ingles) Ilegue a los respectivos tema(s) de la agenda. Las personas que se hayan
preinscrito seran Ilevadas a la parte publica de la reunion de una en una.
Si un miembro del publico tiene alguna inquietud antes o durante la reuni6n relacionada con el discurso,
por favor comuniquese con Greg Wilder al 919-245-2314.
Nota: UNA COPIA ORIGINAL de la Notificaci6n de audiencia publica publicada debe adjuntarse a una
Declaraci6n jurada de publicaci6n firmada. Tanto el Aviso de audiencia publica como la Declaracion iurada
de publicacion deben presentarse junto con la solicitud de subvenci6n 5307.
30
Attachment 4
FY 2021 LOCAL SHARE CERTIFICATION FOR FUNDING
Orange County
(Legal Name of Applicant)
Requested Funding Amounts
Project Total Amount Local Share
Administrative $ $ (15%)
5311 Operating (No State Match) $ $ (50%)
5310 Operating (No State Match) $ $ (50%)
5307 Operating $580,654 $290,327(50%)
5307 Planning $ $ (20%)
Combined Capital $ $ (10%)
Mobility Management $ $ (50%)
5310 Capital Purchase of Service $ $ (10%)
Funding programs covered are 5311, 5310, 5339 Bus and Bus Facilities, 5307 (Small fixed
route, regional, and consolidated urban-rural systems)
TOTAL $580,654 $290,327
Total Funding Requests Total Local Share
The Local Share is available from the following sources:
Source of Funds Apply to Grant Amount
General Funds 5307 $290,327
31
FY 2021 Local Share Certificate (page 2)
TOTAL $
* Fare box revenue is not an applicable source for local share funding
I, the undersigned representing (Legal Name of Applicant) Orange County do hereby certify to
the North Carolina Department of Transportation, that the required local funds for the FY2021
Community Transportation Program and 5307 Governors Apportionment will be available as of
July 1,2020,which has a period of performance of July 1,2020-June 30,2021.
Signature of Authorized Official
Penny Rich, Chair,Board of County Commissioners
Type Name and Title of Authorized Official
Date
32
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION DIVISION
DBE/MBE/WBE/HUB ANTICIPATED VENDOR AWARDS in FY 2021
APPLICANT'S NAME: Orange County PERIOD COVERED
MAILING ADDRESS: PO Box 8181,Hillsborough,NC 27278 From: July 1,2020
VENDOR NUMBER: To: June 30,2021
We expect to utilize the following list of DBE/MBE/WBE/HUB Vendors in FY 2021:
DBE/MBE/WBE/HUB Mailing Address ID#from Describe Service/Item to be Anticipated
Vendor/Subcontractor's Name City,State,Zip NCDOT Website Purchased Expenditure($)
TOTAL
❑ The above list includes the DBE/MBE/WBE/HUB Vendors the applicant expects to utilize in FY 2021.
® The applicant does NOT expect to utilize any DBE/MBE/WBE/HUB Vendors in FY 2021.
AAA
/%�9/9
Signa of Autho ' d fficial Date