8.0 NORTHEAST FLORIDA COORDINATED PROGRAM MANAGEMENT PLAN

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1 8.0 NORTHEAST FLORIDA COORDINATED PROGRAM MANAGEMENT PLAN 8.1 Introduction The primary objective of the Northeast Florida Coordinated Program Management Plan is to establish a process and procedures through which to coordinate funding for regional public transit services in Northeast Florida. 8.2 Objectives This Plan will set up a process through which resources, including funding, may be shared between transit service providers allowing for more services to be offered to more people in the region. This process will be reviewed and updated if necessary annually by the Northeast Florida Mobility Coalition. Funding allocations for the Job Access and Reverse Commute and the New Freedom Programs will be selected by the Northeast Florida Coordinated Selection Committee as described in this section based on the program objectives and requirements. 8.3 Roles and Responsibilities Designated Recipient As the Designated Recipient of Federal Transit Administration (FTA) funds including Job Access and Reverse Commute and New Freedom Programs, the JTA is responsible for ensuring that FTA program objectives and mandates are met. These responsibilities include: Certifying that projects selected are derived from a locally developed, coordinated public transit-human services transportation plan created through a process that consists of representatives of public, private and non-profit transportation and human services providers with participation by the public; Applying for program funds on the behalf of itself and/or eligible sub-recipients within the Northeast Florida area; Ensuring that local applicants and project activities are eligible and in compliance with Federal requirements and that the program provides for maximum feasible coordination of transportation services assisted by other Federal sources; Certifying a fair and equitable distribution of funds resulting from the competitive selection process; Managing all aspects of grant distribution and oversight for sub-recipients receiving funds under this program; Submitting quarterly reports to the FTA and to the Northeast Florida Mobility Coalition;

2 Certifying to FTA annually that the recipient and sub-recipients have met or will meet all Federal requirements, including all metropolitan and statewide planning requirements; Providing technical assistance and training (as available) to Transit Service Providers to improve the effectiveness of transit operations in the region; and Assisting sub-recipients in the procurement of grant-related equipment Role of Sub-Recipients Sub-Recipient refers to a non-profit organization or operator of public transportation services that receive a grant indirectly through a Designated Recipient. General Requirements for Sub-Recipients include: Fulfilling the objectives of the awarded project within the contract period; Reporting appropriate program measures on a timely basis to the Designated Recipient for inclusion in the FTA quarterly reports; Keeping the JTA informed of the progress of funded projects and any potential impacts to the service; Maintaining any and all capital equipment purchased with FTA funds and fulfilling the requirements of the application and applicable laws/regulation; Providing to the JTA, the FTA Administrator, the Comptroller General of the United States or any of their authorized representative access to any books, documents, papers, and records of the sub-awardees which are directly pertinent to this award for the purposes of making audits, examinations, excerpts and transcriptions; Maintaining all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising form the performance of this contract, in which case Awardee agrees to maintain same until the JTA, the FTA Administrator, the Comptroller General, or any of their dully authorized representative, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11); Providing Equal Employment Opportunities and not discriminating against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability in accordance with Title VI of the Civil Rights Act as amended; Certifying that they will comply with all applicable FTA, state and local regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement as they may be amended or promulgated from time to time during the term of the contract; Submitting monthly invoices including any sources of matching income; and

3 Participating in the Northeast Florida Mobility Coalition s Coordinated Planning sessions Minimum Insurance Requirements The FTA and the JTA as the Designated Recipient require the following insurance coverage for sub-recipient agencies receiving 5316 or 5317 funding to operate transportation services or to purchase vehicles which will provide transportation: Workers Compensation and Employers Liability Coverage Workers Compensation statutory limits as required by Chapter 440, Florida Statutes and any applicable Federal or Sate Law. Part Two of the Standard Workers Compensation Policy shall include the following minimum limit of liability: $500,000 each Accident Bodily Injury by Accident $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease General Liability Coverage Said coverage shall be broad form and shall specifically cover contractual liabilities including the hold harmless provisions of the Agreements. Such insurance shall be no more restrictive than that provided by the standard Commercial General Liability for (ISO Form CG OO 01) without any restrictive endorsements. The JTA shall be included as additional insured under this policy and shall be included as an Additional Insured on a form no more restricted than form CG 20 10, Additional Insured Owners, Lessees, or Managers (Form B). The minimum limits (inclusive of amount provided by an umbrella or excess policy shall be: $2,000,000 - General Aggregate $1,000,000 - Personal and Advertising Injury $1,000,000 - Each Occurrence $ 50,000 - Fire Damage Automobile Insurance In the event that a Vehicle leased to a sub-recipient is damaged beyond repair in a collision or other event, the sub-recipient shall advise the JTA in writing prior to negotiation a settlement. JTA must be added as loss payee on the automobile insurance policy and proceeds sent to JTA in the event of a total loss. Such insurance shall also cover all owned, non-owned and hired autos used in connection with the services to be provided as a sub-recipient. The minimum limits shall be: Bodily Injury/Property Damage - $1,000,000 Combined Single Limit Physical Damage including comprehensive/collision coverage with a maximum deductible of $5,000

4 8.4 Capital Equipment Management The FTA encourages maximum use of vehicles funded under federal grant programs. Consistent with the requirements of 49 CFR parts 18 and 19, vehicles purchased with federal grants are to be used first for the project or program needs for which it was originally acquired. The vehicle may be used for other programs or project needs that are part of the Northeast Florida Coordinated Mobility Plan, providing that they do not interfere with the project activities originally funded. No vehicle may be used for other purposes not described herein. If the original sub-recipient no longer needs/or does not use the vehicle for the purposes for which it was acquired, the vehicle will be put in use for the original program purposes by transferring the vehicle to the Designated Recipient Title to Vehicles As the Designated Recipient, the JTA will record a lien against the title for any vehicles purchased through the federal grant programs and leased by the JTA to a sub-recipient. The FTA requires that the Designated Recipient establishes continuing control over the vehicles and accepts the responsibility for continued public transit use of the vehicles Vehicle Safety Audits and Inspections It is the responsibility of each Designated Recipient and sub-recipient to comply with the provisions of Rule Chapter 14-90, Florida Administrative Code (F.A.C.). These provisions include the development of and compliance with a System Safety Program Plan (SSPP) and Security Program Plan (SPP), performance of safety inspections of all operational buses, documentation of compliance with equipment and operational safety standards, and safety monitoring of covered contractors. The Designated Recipient must certify to the FTA that any vehicles purchased and used for the operations of grant funded programs are in compliance with Chapter To certify this fact, the JTA will conduct regular inspections of all sub-recipient operations including: Annual Update of System Safety Program Plan Annual System Safety Certification Quarterly Vehicle Safety Inspections Unscheduled Random Service Provider Audits The JTA shall submit to each sub-recipient a written outline of the audit agenda to be used in monitoring their compliance with Chapter 14-90, prior to any announced audit. A copy of the audit report results will be provided to the sub-recipient within ten (10) working days of the audit completion. A specific action plan will be developed for correcting in the most expedient and sound manner any discrepancies that are found.

5 8.4.3 Charter Rule Federally funded equipment is prohibited from charter service if there is at least one private charter operator in the area willing and able to provide the charter service. Charter service is defined as providing special service to a specific group of who dictates the routes and times of the service. Under current federal regulations, service provided under contract to a social service agency will usually be considered public transportation, NOT charter service, if the service is under the control of the sub-recipient, is open door, and the sub-recipient can put any rider on the vehicle in addition to the agency s client. These regulations should not discourage sub-recipients from using FTA funded equipment in coordinated systems, or from providing service under contract to social service agencies, provided the requirements of the regulations are met. 8.5 Competitive Selection Process Title 49 U.S.C. 5316, as amended by SAFETEA-LU requires a recipient of funds to conduct a competitive selection process that is separate from, but coordinated with, the planning process. The competition allocates funding to the Designated Recipient and sub-recipients to implement FTA projects. The law requires that selected projects be derived from a locally developed coordinated plan and meet the intent of the program. The law further requires that the Designated Recipient conduct the competitive selection process in cooperation with the MPO. All priorities identified in the Criteria for Funding will be derived from the locally developed Northeast Florida Coordinated Mobility Plan. Furthermore, all priorities will be included in the Statewide Transportation Improvement Program (STIP) for capital and/or operating projects or Unified Planning Work Program (UPWP) for planning projects Competitive Selection Committee and Voting The Competitive Selection Committee will be made up of representatives from regional counties and transit providers, the MPO, and the FDOT. These committee representatives will be selected based upon a vote taken by the collective membership of the Coalition and will rotate each year. The committee will meet before the start of the Competitive Selection Process to reassess the quantitative measures and qualitative measures in which to rank the competitive proposals to ensure that the goals and objectives of the Northeast Florida Coordinated Mobility Plan are met. The Competitive Selection Committee will then follow the procedures herein to select the projects to be funded during the upcoming year. Each Competitive Selection Committee member/agency shall have one vote or submit one ranking for each application or project submitted.

6 8.5.2 Notification of Funding Availability or Open Applications A Northeast Florida Mobility Database including parties interested in participating in program funds will be kept current by the Mobility Coalition. As program funds are made available, streamlined application packets and instruction guides for the appropriate grant are distributed to interested parties in electronic and/or hardcopy form. The availability of funds and the selection criteria will be published in newspapers of general circulation and on the JTA web site Evaluation Criteria and Project Selection Applications for project funding will be evaluated on overall achievement of one or more of the Northeast Florida Coordinated Plan Strategic Goals. Applications will also be ranked by the following criteria: Ability to Serve Target Population - Described target population which this project is designed to serve and identified the gap in public services filled through the use of these funds. Maximizes Project Cost Effectiveness - Identifies cost effective measures such as maximizing use and operating efficiency of existing vehicles, eliminates duplicative services, coordinates with other Federal programs, and develops financial partnerships. Appropriate Performance Measures and Goals - Quantitative and standard performance measures and goals are identified and are achievable. Fiscal and Managerial Capability - Ability to provide efficient and effective transportation services including scheduling, dispatching, compliance with reporting and monitoring requirements; and funding sources which will enable the applicant to provide required local match Minimum Requirements for Potential Applicants Applicants for Section 5316 and 5317 funds may be private non-profit or private for profit organizations, private agencies, local public agencies and local public authorities. The application must show an established need for the project and how the project fits into the Northeast Florida Coordinated Mobility Plan. The applicant must also ensure that adequate funds are available to match federal funds. In addition to these minimum requirements, applications for New Freedom (Section 5317) program funds must demonstrate that the proposed service is for other than that required by ADA, and that the new service is (1) targeted toward people with disabilities and (2) meets the intent of the program by removing barriers to transportation for person with disabilities. Eligible services may include but are not limited to feeder services, upgrade to existing services, service extensions or expansions, voucher and transit pass programs, mobility management programs, training programs and corridor services.

7 8.5.5 Application Schedule Upon receipt of funding availability from the FTA, the Northeast Florida Mobility Coalition will begin the Competitive Selection Process. This process will be based on the competitive sealed proposal method. This method of evaluation is not based solely on price or other rate of compensation, but rather requires the consideration of material subjective criteria concerning either the nature of goods or services to be provided, the means of compensation, or the quality (performance or other) of goods or services. Such criteria will generally be in addition to standard basic responder qualities (such as licensing, capacity to perform, delivery of other surety, etc.) or responsiveness to the Solicitation. The criteria development and Competitive Selection Process will be conducted by: Scheduling a preliminary meeting of the Competitive Selection Committee to evaluate the requirements of the grant and the priority needs of the region as identified in the Coordinated Mobility Plan and to establish award criteria. Publishing notice of funding availability and criteria in newspapers of general circulation and to the Clerk of Court in each county. Distributing hardcopies and/or electronic copies of the application form. Reviewing formal application submittals by the First Coast Metropolitan Organization (FCMPO) for eligibility and content. Sending a review letter to the applicants regarding the status of the applications: if the application is incomplete or contains incorrect responses, a deadline will be set for the applicant to furnish that information to the FCMPO. If the information is not forwarded by that date, the applicant will be found ineligible and not be able to compete for that year s funds. Individual scoring of each completed application for compilation and prioritization by the Competitive Selection Committee Code of Conduct / Ethics in Award Members of the Coalition and sub-recipients shall confirm that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subrecipient, lessee, or third party contractor at any tier or agent thereof. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Coalition agrees that its code of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. (1) Personal Conflicts of Interest. The Coalition shall prohibit members from participating in the selection, award, or administration of any third party contract

8 or subagreement supported by Federal assistance if a real or apparent conflict of interest would be involved. (2) Organizational Conflicts of Interest. The Coalition shall prohibit members of the Competitive Selection Committee from participating in the scoring of a particular project if any real and apparent organizational conflicts of interest may be present including the scoring of their own project (s) Background Checks and Investigations An application by any person or entity constitutes consent by such person or entity to background checks, investigations, reference checks, or other inquires by the Competitive Selection Committee Forms and Required Clauses Each application shall include affidavits certifying all necessary State and Federal forms and required clauses including: Non-Collusion Proposal Certification Public Entity Crime Information Proposer s Standard Assurances Certification of Eligibility Government-Wide Debarment and Suspension Conflict of Interest Certificate Public Official disclosure Lobbying Civil Rights Requirements JTA s Civil Rights Officer is responsible for civil rights compliance and monitoring to ensure non-discriminatory provision of transit services and programs. Implementation of the Title VI Program is accorded the same priority as compliance with all other legal obligations incurred by the JTA in its financial assistance agreements with DOT. Compliance reviews and assessments are conducted to determine if the sub-recipient s required efforts under Title VI of the Civil Rights Act of 1964, (including aspects of Environmental Justice), Equal Employment Opportunity (EEO) program, Disadvantaged Business Enterprise (DBE) program, and the Americans with Disabilities Act of 1990 (ADA) requirements are in compliance as represented Offering a Sub-Award Agreement to the Approved Applicants The Sub-Recipient Grant Agreement or Sub-Award Agreement will be a contract between the sub-recipient and the Designated Recipient (JTA). The Agreement defines how much funding will be received and for what purposes the funding will be used. Use of funding or equipment for a service other than that described in the Agreement without prior permission from the JTA will be cause for termination of the Agreement and the funding and equipment would be redistributed to other applicants.

9 No project funds shall be obligated or expended until the Sub-Award Agreement has been formally signed by both the JTA and the Sub-Recipient. The Sub-Award Agreement will be prepared by the JTA and made available for signatures within 90 days following FTA approval of the Program of Projects and all outstanding award requirements (such as matching funds or signed coordination agreements if applicable) are met Project Budget Timeframe for Expenditures The Sub-Award Agreements shall be executed within 60 days following the availability of the Sub-Award Agreement. Funds allocated within the sub-award agreement which can not be executed within the 90 day period shall be made available for redistribution per paragraph The Sub-Award Agreement shall include a time frame for the project expenditures. Project applications should be drafted to be fully expended during a 12 month period from the start of the contract period. Project budget summary reports must be submitted with the quarterly project status reports. All awarded projects must begin during the first nine (9) months of the funding period. Requests for project extensions of no more than twelve additional months may be made after the formal execution of the contract and successful start of the project. Such requests require approval of the JTA and verification of funding terms (to ensure that federal funding availability does not expire prior to proposed project termination) and match. Agencies awarded project funds that cannot be expended within the budget period shall formally notify the JTA with a proposed budget revision or release the funds for reallocation to other eligible projects per paragraph Redistribution of Grant Funds Excess grant funds from non-executed or under-expended project that are released by the sub-recipient (s) shall be made available to the next eligible project based on the ranking order established during the Competitive Selection process if (a) sufficient funding including matching funding is available, (b) no negative response is voiced by the Competitive Selection Committee members, and (c) the grant amendment is approved by the FTA. Please note that grant amendments are subject to the same application requirements as a new grant request. Section 5316 projects are subject to DOL certification before approval from the FTA. Excess grant funds will first be made available to eligible projects that were not awarded funds due to the lack of federal funding availability. Existing awarded projects may be awarded additional funding on a pro-rata basis from under-expended projects, provided (a) all eligible projects that were not awarded funding have rejected the available funds per paragraph above (b) sufficient funding including matching funding is available, (c) no negative response is voiced by the Competitive Selection Committee members, and (d) the grant revision is approved by the FTA.

10 The Competitive Selection Committee members shall be notified via of the availability of funds from non-executed or under-expended projects and be shall be offered ten business days in which to respond to the proposed redistribution. Should time or funding constraints prohibit the redistribution of funds, any excess funds shall be rolled into the next funding cycle Protests Protests concerning Solicitations or Awards shall be governed by the applicable provisions of Chapter 120, Florida Statutes, as amended. Any protest received shall be formally submitted in writing and presented to the Florida Department of Transportation (FDOT) for resolution. All discussions relating to a formal protest will be held at the offices of FDOT located at 2198 Edison Avenue in Jacksonville, Florida, unless otherwise noted. Any discussions relating to the protest will be presided over by the District 2 Secretary of FDOT, or his designee. Other interested parties may attend formal meeting(s) relating to the protest but will not be parties to nor participants in the formal discussion unless so requested by the District 2 Secretary or his designee. Upon hearing the facts relating to the protest, and prior to any subsequent action(s) being taken, the FDOT District 2 Secretary, or his designee, shall consult with FTA concerning the facts and circumstances of the protest. The purpose of this consultation is to inform FTA of the facts and discussions concerning the protest and determine if any subsequent FTA involvement is warranted before the Department renders its resolution to the formal complaint. District 2 FDOT will be responsible for appropriately documenting the discussion points relating to any protests and will provide copies of the documentation to any interested party upon written request. In the event the grievance can not be satisfied through resolution by the Department, the grievant may pursue legal remedy through the Administrative Hearing process as governed by Florida Statutes.