WEST VIRGINIA DEPARTMENT OF TRANSPORTATION
APPLICATION
49 U.S.C. Section 5311
Rural Transportation Program
FY 2024
WV DEPARTMENT OF TRANSPORTATION
DIVISION OF MULTIMODAL TRANSPORTATION FACILITIES
PUBLIC TRANSIT
BUILDING 5, ROOM 663
1900 KANAWHA BOULEVARD, EAST
CHARLESTON, WV 25305-0432
The West Virginia Department of Transportation,
Division of Multimodal Transportation Facilities-Public Transit, as a recipient of federal funds
for programs, has given the assurance.
that within daily operations and the delivery of services,
it will not discriminate against any person on the basis of
race, color, national origin, disability, gender,
age or low-income status.
If you need this document translated into an alternate language, please contact the
Division of Multimodal Transportation Facilities-Public Transit.
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CONTENTS
CHECKLIST OF APPLICATION REQUIREMENTS 1
INTRODUCTION 2
LOCAL SHARE 3
MILESTONES 5
APPLICATION FORMAT………………………………………………………...………………………6
GENERAL REQUIREMENTS FOR ELIGIBILITY……………………………………………………..7
SPECIAL LABOR PROTECTION WARRANTY……...……………………………………………….8
PROJECT BUDGET 15
DOCUMENTATION OF LOCAL MATCH 17
APPLICATION QUESTIONS 18
GENERAL CERTIFICATIONS AND ASSURANCES 27
FTA CERTIFICATIONS AND ASSURANCES 30
APPENDIX I: GLOSSARY OF TERMS 40
APPENDIX II: BUDGET DEFINITIONS 43
APPENDIX III: PRIVATE SECTOR PARTICIPATION PROCEDURES 48
APPENDIX IV: WV REGIONAL PLANNING and DEVELOPMENT COUNCILS 58
APPENDIX V: SECTION 5311 PROGRAM SAFETY REQUIREMENTS 64
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CHECKLIST OF APPLICATION REQUIREMENTS
A checklist of required elements to submit with your application is presented on the
following page. Please complete and submit the checklist with your application materials.
The following documents must be submitted as a part of your application
:
Special Labor Protection Warranty – Letter and Listing
General and FTA Certifications and Assurances
Project Information
Narrative Description of System
FY 2023 Operating Budget
Capital Request
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INTRODUCTION
The purpose of this packet is to establish the criteria upon which applicants will
be included in the West Virginia Department of Transportation, Division of Multimodal
Transportation Facilities – Public Transit (DMTF-PT) FY 2024 Section 5311 program.
The DMTF-PT program offers federal financial assistance for public transportation in
rural areas by means of a formula grant program administered by the State. Funds
made available may be used for operating and capital assistance by operators of public
transportation services in nonurbanized areas.
It is the intent of this program that funds made available under Section 5311
augment rather than supplant existing transportation resources. These funds should
expand and not take the place of locally contributed funds or existing agency
transportation funds.
All grant applications will be reviewed by the Division of Multimodal
Transportation Facilities-Public Transit.
Applications must be submitted by Friday,
March 10, 2023, to:
WV Department of Transportation
Division of Multimodal Transportation Facilities-Public Transit
Attn. Neal Vance, Section 5311 Program Manager
Bldg. 5, Room 663 / 1900 Kanawha Blvd., E.
Charleston, WV 25305-0432
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LOCAL SHARE
Up to fifty percent of a system's operating expenses, minus farebox and other
revenue, may be funded with Section 5311 program funds. The remaining operating
costs must be funded with non-federal sources of local match.
Examples of non-federal sources of local match includes State or local
appropriations, funds provided by regional organizations, and non-operating revenues.
Non-cash shares such as donations, volunteered services, or in-kind contributions are
eligible to be counted towards the Local match only if the value of each is formally
documented and supported.
Non-operating revenues are public grants and income generated from other
activities of the Local agency not related to general public transportation such as airport
operations, interstate carriers, ticket sales, charter profit and advertising profit.
Charter profit may be used as a part of the local share as long as charter
operation expenses and income are carried in a separate account and all charter
operations are conducted in accordance with 49 CFR, Part 604. Charter deficit is not
eligible for assistance under this grant program. If your agency uses charter profit as a
match, it will be your responsibility to determine that the charter rates do provide for a
profit.
Advertising profit is revenue earned from displaying advertising materials on
transit system vehicles and property. The amount shown as profit should be net of any
fees paid to advertising agencies that place the advertisement with the transit system.
The program allows funds received by recipients pursuant to service agreements
with a State or local social service agency or a private social service organization to be
considered as local match even though the original source of such funds may have
been another (non-U.S. DOT) federal program. This provision, however, applies
only to
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private, nonprofit organizations. In addition, there may be certain cases where federally
appropriated funds are specifically permitted to be treated as local funds for the
purposes of matching share for other federal programs. The degree to which a recipient
demonstrates local financial commitment to the project may be used by the State as a
rating factor in its discretionary allocation decisions.
Title III B funds are among the unrestricted federal funds eligible as match.
Other FTA funds cannot be used as match.
If you have any questions as to whether or not your agency has any eligible
unrestricted federal funds or in-kind contributions, please contact the DMTF-Public
Transit.
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MILESTONES
February 10, 2023 APPLICATIONS AVAILABLE
March 10, 2023 APPLICATIONS DUE
March-April 2023 APPLICATIONS REVIEWED
FOR COMPLIANCE &
COMPLETENESS
March 31, 2023 DOCUMENTATION OF LOCAL
MATCH DUE
May 26, 2023 SIGNED CONTRACTS DUE
July 1, 2023 FY 2024 SECTION 5311
PROGRAM YEAR BEGINS
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APPLICATION FORMAT
The application has been assembled into a format which the DMTF-Public
Transit hopes will reduce the amount of preparation time and aid in the fair evaluation of
each applicant. The Division has provided the application questions,
assurances/certifications, and project budget information in an electronic format –
Microsoft Word and Excel. You are to respond to all the questions and complete the
assurances/certifications and project budget information, save the data, print a copy and
be sure to sign on the pages where indicated. Also, include the Checklist of
Application Requirements.
The staff of the DMTF-Public Transit is available to answer any questions
concerning this application packet.
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GENERAL REQUIREMENTS FOR ELIGIBILITY
In accordance with FTA C 9040.1G, eligible recipients may include "state
agencies, local public bodies, nonprofit organizations, Indian Tribes and groups, and
operators of public transportation services."
The term "public transportation" is defined as "any transportation by bus or rail or
other conveyance, either publicly or privately owned, which provides to the public,
general or special service on a regular and continuing basis." "Public transportation
does not include the following: (1) school bus, charter, or sightseeing service; (2)
exclusive ride taxi service; (3) and service to individuals or groups which exclude use by
the general public." Additionally, the applicant's vehicles must be clearly marked in a
manner which identifies their availability for public transportation service.
In order to meet the general requirements for eligibility, there are various
statements and assurances that must be signed by the President, Chairman of the
Board, or comparable authorized official of your organization.
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SPECIAL LABOR PROTECTION WARRANTY
Section 5333(b) calls for the protection of the interests of employees affected by
federal assistance, including such provisions as ensuring rights, privileges and benefits,
protection against a worsening of employee’s positions with respect to their
employment; rehiring priority for those laid off; and retraining.
The Special Labor Protection Warranty will become a part of all Section 5311
funding assistance contracts between you and the State of West Virginia (DMTF-Public
Transit). Because of the amount of time involved in filing for a warranty, the DMTF-
Public Transit will not apply for any waivers; however, if your organization feels that it
has extenuating circumstances and desires a waiver, contact the DMTF-Public Transit
in writing.
Each applicant must make assurances (letter of acceptance) to the DMTF-Public
Transit that all terms and conditions of the warranty will be met. These assurances will
be maintained on file by the DMTF-Public Transit as required by the U.S. Department of
Labor. If a union represents your transit property, the organization may become part of
the warranty by completing the sample labor organization letter.
Following this information is a copy of the Special Labor Protection Warranty.
Review this along with your board of directors, advisory council and attorney. Please
then sign the letter(s) and complete the listing of recipients, eligible transportation
providers and labor organizations, in your service area. If your organization desires
further information on the warranty, please contact this office.
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LABOR PROTECTION WARRANTY
FOR SMALL URBAN AND RURAL PROGRAM
A. General Application
The DMTF-Public Transit agrees that, in the absence of waiver by the Department of
Labor, the terms and conditions of this warranty, as set forth below, shall apply for the
protection of the transportation related employees of any employer providing
transportation service assisted by the Project (Authority), and the transportation related
employees of any other surface area of the project.
The DMTF-Public Transit shall provide to the Department of Labor and maintain at all
times during the Project an accurate uptodate listing of all existing transportation
providers which are eligible Recipients of transportation assistance funded by the
Project, in the transportation service area of the Project, and any labor organizations
representing the employees of such providers.
Certification by the DMTF-Public Transit to the Department of Labor that the Authority
has indicated in writing acceptance of the terms and conditions of the warranty
arrangement will be sufficient to permit the flow of 49 U.S.C. Section 5311 funding in the
absence of a finding of noncompliance by the Department of Labor.
B.
Standard Terms and Conditions
(1) The Project shall be carried out in such a manner and upon such terms and
conditions as will not adversely affect employees of the Authority and of any other
surface public transportation provider in the transportation service area of the Project. It
shall be an obligation of the Authority and any other legally responsible party designated
by the DMTF-Public Transit to assure that any and all transportation services assisted
by the Project are contracted for and operated in such a manner that they do not impair
the rights and interests of affected employees. The term "Project" as used herein, shall
not be limited to the particular facility, service, or operation assisted by Federal funds,
but shall include any changes, whether organization, operational, technological, or
otherwise, which are a result of the assistance provided. The phrase "as a result of the
project," shall when used in this arrangement, include events related to the Project
occurring in anticipation of, during, and subsequent to the Project and any program of
efficiencies or economies related thereto; provided, however, that volume rises and falls
of business or changes in volume and character of employment brought about by
causes other than the Project (including any economies or efficiencies unrelated to the
Project) are not within the purview of this arrangement.
An employee covered by this arrangement, who is not dismissed, displaced or
otherwise worsened in his position with regard to his employment as a result of the
Project, but who is dismissed, displaced, or otherwise worsened solely because of the
total or partial termination of the Project, discontinuance of Project services, or
exhaustion of Project funding shall not be deemed eligible for a dismissal or
displacement allowance within the meaning of paragraphs (6) and (7) of the Model
agreement or applicable provisions of substitute comparable arrangements.
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(2) (a) Where employees of an Authority are represented for collective bargaining
purposes, all Project services provided by that Authority shall be provided under and in
accordance with any collective bargaining agreement applicable to such employees
which is then in effect.
(2) (b) The Authority shall provide to all affected employees sixty (60) days’ notice of
intended actions which may result in displacements or dismissals or rearrangements of
the working forces. In the case of employees represented by a union, such notice shall
be provided by certified mail through their representatives. The notice shall contain a
full and adequate statement of the proposed changes, and an estimate of the number of
employees affected by the intended changes, and the number and classifications of any
jobs in the Authority's employment available to be filled by such affected employees.
(2) (c) The procedures of this subparagraph shall apply to cases where notices involve
employees' represented by a union for collective bargaining purposes. At the request of
either the Authority or the representatives of such employees negotiations for the
purposes of reaching agreement with respect to the application of the terms and
conditions of this arrangement is reached within twenty (20) days from the
commencement of negotiations, any party to the dispute may submit the matter to
dispute settlement procedures in accordance with paragraph (4) of this warranty. The
foregoing procedures shall be complied with and carried out prior to the institution of the
intended action.
(3) For the purposes of providing the statutory required protections including those
specifically mandated by Section 13(c) of the Act
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, the DMTF-Public Transit will assure
as a condition of the release of funds that the Authority agrees to be bound by the terms
and conditions of the National (Model) Section 5333(b) agreement executed July 23,
1975, identified below
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, therefore, if approved by the Secretary of Labor and certified for
inclusion in these conditions.
(4) Any dispute or controversy arising regarding the application, interpretation, or
enforcement of any of the provisions of this arrangement which cannot be settled by
and between the parties at interest within thirty (30) days after the dispute or
controversy first arises, may be referred by any such party to any final and binding
disputes settlement procedure acceptable to the parties, or in the event they cannot
agree upon such procedure, to the Department of Labor or an impartial third party
designated by the Department of Labor for final and binding determination. The
compensation and expenses of the impartial third party, and any other jointly incurred
expenses, shall be borne equally by the parties to the proceeding and all other
expenses shall be paid by the party incurring them. In the event of any dispute as to
whether or not a particular employee was affected by the Project, it shall be his
obligation to identify the Project and specify the pertinent facts of the Project relied
1
Such protective arrangements shall include, without being limited to, such provisions as may be necessary for (1) the preservation of rights,
privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise; (2)
the continuation of collective bargaining rights; (3) the protection of individual employees against a worsening of their positions with respect to
their employment; (4) assurances of employment to employees of acquired mass transportation systems and priority of reemployment of
employees terminated or laid off; and (5) paid training and retraining programs. Such arrangements shall include provisions protecting individual
employees against a worsening of their positions with respect to their employment which shall in no event provide benefits less than those
established pursuant to Section 5(2)(f) of the Act of February 4, 1987 (24 Stat. 379), as amended.
2
For purposes of this warranty arrangement, paragraphs (1); (2); (5); (15); (22); (23); (24); (26); (27); (28); and (29) of the Model Section 13c
Agreement, executed July 23, 1975 are to be omitted.
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upon. It shall then be the burden of either the Authority or other party legally
responsible for the application of these conditions to prove that factors other than the
Project affected the employees. The claiming employee shall prevail if it is established
that the Project had an effect upon the employee even if other factors may also have
affected the employee.
(5) The Authority or other legally responsible party designated by the DMTF-Public
Transit will be financially responsible for the application of these conditions and will
make the necessary arrangements so that any employee covered by these
arrangements, or the union representative of such employee, may file claim of violation
of these arrangements with the Authority within sixty (60) days of the date he is
terminated or laid off as a result of the Project, or within eighteen (18) months of the
date his position with respect to his employment is otherwise worsened as a result of
the Project. In the latter case, if the events giving rise to the claim have occurred over
an extended period, the 18month limitation shall be measured from the last such event.
No benefits shall be payable for any period prior to six (6) months from the date of the
filing of any claim.
(6) Nothing in this arrangement shall be construed as depriving any employee of any
rights or benefits which such employee may have under existing employment or
collective bargaining agreements, nor shall this arrangement be deemed a waiver of
any rights of any union or of any represented employee derived from any other
agreement or provision of federal, state or local law.
(7) In the event any employee covered by these arrangements is terminated or laid off
as a result of the Project, he shall be granted priority of employment or reemployment to
fill any vacant position within the control of the Authority for which he is, or by training or
retraining within a reasonable period, can become qualified. In the event training or
retraining is required by such employment or reemployment, the Authority or other
legally responsible party designated by the DMTF-Public Transit shall provide for such
training or retraining at no cost to the employee.
(8) The Authority will post, in a prominent and accessible place, a notice stating that the
Authority has received federal assistance under the Federal Transit Act and has agreed
to comply with the provisions of Section 5333(b) of the U.S. Code. This notice shall
also specify the terms and conditions set forth herein for the protection of employees.
The Authority shall maintain and keep on file all relevant books and records in sufficient
detail as to provide the basic information necessary to the proper application,
administration, and enforcement of these arrangements and to the proper determination
of any claims arising thereunder.
(9) Any labor organization which is the collective bargaining representative of
employees covered by these arrangements, may become a party to these
arrangements by serving written notice of its desire to do so upon the Authority and the
Department of Labor. In the event of any disagreement that such labor organization
represents covered employees, or is otherwise eligible to become a party to these
arrangements, as applied to the Project, the dispute as to whether such organization
shall participate shall be determined by the Secretary of Labor.
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(10) In the event the Project is approved for assistance under the Act, the foregoing
terms and conditions shall be made part of the contract of assistance between the
federal government and the DMTF-Public Transit or Authority of federal funds; provided,
however, that this arrangement shall not merge into the contract of assistance, but shall
be independently binding and enforceable by and upon the parties thereto, and by any
covered employee or his representative, in accordance with its terms, nor shall any
other employee protective agreement merge into this arrangement, but each shall be
independently binding and enforceable by and upon the parties thereto, in accordance
with its terms.
C.
WAIVER
As a part of the grant approval process, either the Authority or other legally responsible
party designated by the DMTF-Public Transit may in writing seek from the Secretary of
Labor a waiver of the statutory required protections. The Secretary will waive these
protections in cases, where at the time of the requested waiver, the Secretary
determines that there are no employees of the Authority or of any other surface public
transportation providers in the transportation service area who could be potentially
affected by the Project. A 30day notice of proposed waiver will be given by the
Department of Labor and in the absence of timely objection, the waiver will become final
at the end of the 30day notice period. In the event of timely objection, the Department
of Labor will review the matter and determine whether a waiver shall be granted. In the
absence of waiver, these protections shall apply to the Project.
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SAMPLE
Letter of Acceptance of the Terms and Conditions of the
Special Labor Protection Warranty
TO BE TYPED ON APPLICANT'S LETTERHEAD
AND MUST BE SUBMITTED
WITH SECTION 5311 APPLICATION
DATE
William C. Robinson, Executive Director
Division of Multimodal Transportation Facilities-Public Transit
Building 5, Room 663
1900 Kanawha Blvd., E.
Charleston, West Virginia 253050432
Dear Director:
This will certify that the applicant, (Name of Applicant) hereby accepts the terms
and conditions of the "Special Labor Protection Warranty" for Application to the Small
Urban and Rural Program.
Sincerely,
(
SIGNED BY APPLICANT)
Attachment
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TO BE COMPLETED AND
SUBMITTED WITH SECTION 5311 APPLICATION
LISTING OF
RECIPIENT, ELIGIBLE TRANSPORTATION
PROVIDERS AND LABOR REPRESENTATION FOR
SPECIAL LABOR PROTECTION WARRANTY
Project Recipient
Other Surface Public
Transit Providers
Union
Representation
of Employees (if
any)
17
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PROJECT BUDGET
The Project Budget is composed of both operating and non-operating expenses.
(See Glossary of Terms for definitions). It is imperative to only use the forms provided.
Please note it is not mandatory for your organization to allocate at least 1% of its
budget toward marketing; however, it is encouraged.
Furthermore, the DMTF-Public Transit strongly encourages each applicant to
review the Budget Definitions and the forms before filling out the FY 2024 request.
Merely adding a fixed percentage to your current budget (FY 2023) will not be
considered sufficient budget preparation. Beginning this year, your agency will be
asked to make a budget presentation (likely virtual) to explain your funding request and
possibly to justify specific line items.
Specifically, what is actually being funded under the operating portion of the
program is the net operating cost, which is the deficit remaining after direct operating
revenues from fares, package delivery, and contra-expenses are subtracted from
eligible expenses. If direct operating revenues equal or exceed eligible operating
expenses, net operating cost is zero (0).
Contra-expenses are revenue items which directly offset transit expenses, and
which are therefore eliminated from the deficits eligible for Section 5311 assistance.
Five common types of contra-expenses include the following:
a. Interest income earned on working capital.
b. Proceeds from the sale of equipment in excess of the depreciated value.
(Private operators only)
c. Cash discounts and refunds that directly offset accrued expenses.
d. Insurance claims and reimbursements which directly offset accrued expenses.
e. State fuel tax rebates to public operators.
All eligible expenses incurred by the transit property that are not considered
operating would be classified as non-operating and eligible for the 50/50 match.
Examples of these expenses would be marketing costs, staff salaries, rent, office
supplies, etc.
2 CFR Part 225 specifically describes ineligible expenses for reimbursement.
Some of the more common ineligible items include:
a. Entertainment (e.g., golf games, sporting events, in-room movies, etc.)
b. Fines and Penalties, including finance charges for late payments.
c. Charitable Donations
d. Interest expense on long-term borrowing and debt retirement.
e. Advisory councils unless prior approval has been granted.
f. For private mass transportation operators, provision for Federal, State, or local
income taxes.
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g. Indirect transit-related functions or activities of regional or local entities performed
as a normal consequence of general public administration (e.g., expenses of a
City Council in considering transit matters, expenses of an MPO in programming
formula funds, etc.)
h. Depreciation accrued by public operators, depreciation on facilities or equipment
purchased with public (e.g., Federal, State, Local) capital assistance,
depreciation of an intangible asset, and/or depreciation in excess of the rate
otherwise used for income purposes.
i. Expenses for contingencies or capital assistance including contributions to a
capital reserve account or fund.
If your organization has any questions as to whether an expense item is
eligible or ineligible, please contact the DMTF-Public Transit.
For FY 2024, overall budget requests showing an increase from FY2023 must
include a detailed explanation regarding the extenuating circumstances. These
requests will be reviewed on a case-by-case basis.
For those agencies wanting to use in-kind services and/or unrestricted federal
funds for part of the local match, contact the DMTF-Public Transit for special
instructions.
NOTE: Please round all budget figures to the nearest dollar and read all budget
definitions before completing any budget form.
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DOCUMENTATION OF LOCAL MATCH
All applicants are required to provide documentation of local funds to be used to
match the federal Section 5311 funds. Documentation may consist of but is not limited
to written statements from county commissions, State agencies, city managers, Mayors,
town councils, organizations, accounting firms and financial institutions.
All
documentation should indicate the date that funds will be made available to your
system.
If available at the time of submission of your application, documentation of local
funds should be provided. Match documentation should be inserted immediately after
the Sources of Funds page.
If documentation of local funds is not available at the
time of submission, such
documentation must be submitted to the DMTF-Public Transit on or before March
31, 2023.
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APPLICATION QUESTIONS
Applicant Information
1. Name and address:
2. Name, title, telephone, email address of
applicant contacts (minimum of two):
Service Area Information
1. Counties and towns served
2. Service area population
Total
Persons with disabilities
Elderly persons
Service Characteristics
Definitions:
Demand-Response: Any system of transporting individuals, including but not limited to providing
designated public transportation service or specified public transportation service by vehicle at the
request of the user.
Fixed-Route: A system of transporting designated or specified public transportation services along a
prescribed route according to a fixed schedule without an advanced request by a passenger to ensure
that service is provided.
Route Deviation: Fixed-route service that upon request allows deviations from the regular route to
provide direct transportation access to passengers within the vicinity of the prescribed route.
ADA Complementary Paratransit: Origin-to-destination demand-response service required for persons
who are unable to use fixed-route service.
Types of service provided.
For fixed-route and route deviation services,
please list the number of routes.
Days and hours of operation
Fare structure
(Base, student, elderly, disabled, zone
charges, other)
Description of other transportation services
provided (NEMT, contracts). For NEMT
service, please describe the service area, cost
recovery ratio, # of passengers per month,
etc.
How do you meet the transportation needs of
the general public?
How do you meet transportation needs of
persons with disabilities?
How do you meet the transportation needs of
persons who are transportation
disadvantaged?
Do you have any planned service changes for
the next grant application year?
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Planned service changes for the next five
years. Include details on how you will finance
the transportation program.
Do you foresee potential significant impacts to
your service needs, such as relocation of a
hospital, new business, or closing of a plant?
Coordination
Wherever possible, Section 5311 recipients should coordinate with other transportation providers, public,
private and nonprofit. Benefits that can be obtained through coordinated services are the elimination of
duplicate transportation services, better use of equipment and facilities, increased service availability and
the ability to reduce transportation and maintenance costs. Your organization is required to coordinate
wherever possible, the planning and operation of your service with existing transportation providers both
public and private.
1. Please list ALL transportation
providers, both private and
public, in your service area.
2. Describe any coordination
activities initiated by your
system and/or any other agency
during this fiscal year.
3. What plans does your system
have to coordinate services in
the next fiscal year?
4. Did your system participate in
the local public meeting held in
2018-19 to update the Regional
Coordinated Public Transit-
Human Service Coordination
Transportation Plan? When
was the public meeting held? If
you did not attend this
mandatory meeting, please
explain why.
Marketing
Do you intend to spend part of your system’s
annual operating budget towards marketing
efforts for FY2024?
Specifically describe your current marketing
efforts to retain and attract new riders (Such as
distributed materials at local events, revamped
website; purchased radio commercials, social
media applications, etc.)
Title VI-
Make sure you are keeping track of all outreach efforts to document Title VI compliance.
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1. List any active lawsuits or complaints naming
the applicant which allege discrimination on the
basis of race, color, or natural origin with respect
to service or other transit benefits. Include:
x
the date the lawsuit or complaint was filed
x
a summary of the allegation
x
the status of the lawsuit or complaint,
including whether the parties to a lawsuit
have entered into a consent decrees.
If none, please state so.
Note: please do not include lawsuits or
complaints from your own employees or
personnel.
2. A description of all pending applications for
financial assistance and all financial assistance
currently provided by other federal agencies. If
none, please state so.
3. A summary of all civil rights compliance review
activities conducted in the last three years. The
summary should include: the purpose or reason
for the review; the name of the agency or
organization that performed the review; a
summary of the findings and recommendations
of the review; and a report on the status and/or
disposition of such findings and
recommendations. If none, please state so. Do
not list DPT compliance reviews.
Number of Employees
1. Total full-time
2. Full-time drivers
3. Full-time operations employees (dispatchers,
mechanics, supervisors)
4. Full-time administrative employees
5. Total part-time employees
6. Part-time drivers
7. Other part-time operation employees
8. Part-time administrative employees
9. Volunteers (working for the system without
pay)
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Raises and Once-A-Year Increments (such as Longevity Raises)
This section is to be completed by all Section 5311 applicants. The purpose of this question is
to determine whether you were able to offer pay raises to your employees during FY 2023 or FY
2022.
FY 2023 Salary Increase FY 2023 Salary Increment
Yes Indicate amount or % No
Ye
s Indicate amount or % No
Manager
Admin. Staff
Mechanics
Drivers
Dispatcher
FY 2022 Salary Increase FY 2022 Salary Increment
Yes Indicate amount or % No
Ye
s Indicate amount or % No
Manager
Admin. Staff
Mechanics
Drivers
Dispatcher
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Performance Measures
Performance standards will be used by the Division as a tool for measuring the effectiveness
and efficiency of your system's rural public transportation services. The rating structure is also
being used as a basis for offering technical assistance. The program is set up such that
services can be rated as "Successful", "Acceptable" or "Needs Review" based on how a
system performs in each of the operating measures. In addition, these standards will be
utilized in determining whether new services requested by systems should be funded based on
their potential for success. The following standards apply to demand response and rural route
services and all Section 5311 recipients:
Measure Successful Acceptable Needs Review
Operating Cost per
Hour
<$30 $30-$40 >$40
Operating Cost per
Mile
<$1.80 $1.80-$3.50 >$3.50
Operating Cost per
Passenger Trip
<$9.00 $9.00-$13.00 >$13.00
Farebox Recovery
Ratio
>15% 12%-14% <12%
Passenger Trips
per Mile
>0.35 0.10-0.35 <0.10
Passenger Trips
per Hour
>4 2.5 - 4 <2.5
1. Please complete the chart for the past three fiscal years (FYs 2018-2020). Refer to the
year-end Project Expenditure reports to obtain these measures. Then indicate in the
appropriate column whether the measure is Successful (S), Acceptable (A) or Needs
Review (N).
Measure FY 2020 S/A/N FY 2021 S/A/N FY 2022 S/A/N
Operating Cost per
Hour
Operating Cost per
Mile
Operating Cost per
Passenger Trip
Farebox Recovery
Ratio
Passenger Trips
per Mile
Passenger Trips
per Hour
2. What steps are you taking to bring
measures that “Needs Review” to the
“Acceptable” level or the
“Acceptable” level to the
“Successful” level? (Answer for every
measure that has fallen into these two
categories for two of the last three yrs.)
26
Ridership
1. Enter ridership information for the past five fiscal years.
Fiscal Year Total Ridership
FY 2018
FY 2019
FY 2020
FY 2021
FY 2022
2. Explain ridership trends.
3. If you have been losing ridership,
what steps are you taking to
reverse this trend? What steps are
planned for FY2023?
4. If you have been losing ridership,
why should continue to be funded at
the current or increased levels?
Sources of Local Funds
1. Please list the sources of local funds. Do not
list revenues as a source of local funds.
Insert rows as necessary.
FY2024
Source Amount
FY2023
Source Amount
FY2022
Source Amount
27
Maintenance of Effort
When allocating funds, the Division may take into account maintenance of effort. To maintain effort, the
amount of local contributions as applied to eligible operating expenses in the project year should not be
less than the average amount of local contributions from the two preceding fiscal years. Maintenance of
effort may be said to require that the level of effort in the project year be at least equal to the average
level of effort in the two preceding fiscal years. For the purpose of maintenance of effort, local
contributions are defined as those funds received from organizations in the applicant’s service area, such
as county commissions, city councils and other local donors.
1. FY2022 Local Contribution
2. FY2023 Local Contribution
3. Total Contribution FYs 2022 and 2023
4. Average Annual Contribution FYs 2022 and
2023
5. Proposed FY2024 Local Contribution
(In order to maintain effort, this amount must be
equal to or greater than the average contribution
for the two preceding fiscal years.)
Capital Planning
The Division is developing its FY 2024 capital budget.
x
Vehicle replacement is the top priority. Vehicles must be within 2,000 miles of their useful life to
be submitted. Vehicles with the oldest number of miles and years will be replaced first.
x
If you are requesting a replacement vehicle, indicate the last five numbers of the VEIN, current
mileage, and type of vehicle you are requesting in the format listed below. You must sell the
vehicle you are requesting a replacement for. If you do not plan on selling the equipment, this is
an expansion request, and you must indicate this. You must justify all expansion requests.
28
1. Capital funding is available through the Section 5311 program at an 80 percent Federal/20 percent
local matching ratio. Projects eligible for capital funding include:
x
Transit vehicles
x
Communications equipment
x
Bus stop shelters, with or without benches
x
Building
x
Other capital needs
So that we can better plan and budget your anticipated capital needs and/or requests for FY2021,
please complete the table below. Please only list items that are essential. For buses, identify the
type as follows:
x
Plain Mini van
x
Low-floor mini-van, ramp
x
Converted van (old Braun’s)
x
18-passenger cutaway
x
Champion-like vehicle
x
Narrow Body vehicle
x
Transit Van
x
GCII-like vehicle
x
Shop/support vehicle
Note whether the bus will be for replacement or expansion. For replacement vehicles, include the
VEIN of the vehicle to be replaced. If requesting communication equipment, please also indicate if it
is a replacement of older units or an addition.
If you are requesting a different type of vehicle for replacement such as replacing a mini-van with an
18-passenger cutaway, you should indicate this.
2018 low floor mini
VEIN last five numbers 12345
Mileage as of February 1, 2020 - 100,000
Replace with 18 passenger cutaway.
For expansion vehicles, please provide the type and a justification.
You should also indicate the availability of local match.
Please note that the Division may not have the resources to fund all capital requests. The
Division may also decide to give priority to certain items, such as replacement vehicles, over
other items like expansion vehicles.
Fiscal Year Capital Items
FY2024
FY2025
FY2026
29
2. Please explain why this
equipment is essential for
the operation of your
transit services?
Miscellaneous
1. Do you foresee any potential budget impacts
due to any current or proposed federal/state
laws?
2. What effects do you anticipate the potential
changes in the NEMT reimbursement
program will have on your service – such as
the ability to generate match money if you
don’t participate with the broker or trips
decrease? What steps will you need to take
in order to stay within budget?
Drug and Alcohol Testing Program
1. Please name your agency’s Drug and Alcohol
Program Manager (DAPM) and back-up
person.
2. Do you have on file the current qualifications
of all contractors (MRO, SAPs, BATs, and any
other collection personnel)? This should be
done annually, and employees provided
notification of any changes with the MRO or
SAP.
Funding Justification
1. With projections of limited future funding,
please justify why you should continue to
receive federal and state transit assistance.
30
GENERAL CERTIFICATIONS AND ASSURANCES
The following is a list of forms that must be included with your application. Please complete information
where specified.
Ineligible Expense Assurance
(Must be signed by all active Board members and the manager/project director)
I, (Please List Individual Names) of (Name of Applicant) hereby certify that it is fully
understood that the following types of expenses are ineligible for reimbursement under
the 49 U.S.C. Section 5311 program.
a. Entertainment
b. Fines and penalties
c. Charitable donations
d. Interest expense on long-term borrowing and debt retirement
e. Advisory councils unless prior DPT approval has been granted
f. For private mass transportation operators, provision of federal, State and
local income taxes
g. Indirect transit-related functions or activities of regional or local entities
performs as a normal consequence of general public administration (e.g.
expenses of a City Council or County Commission in considering transit
matters)
h. Depreciation accrued by public operators, depreciation of facilities or
equipment purchased with public (e.g., federal, State, local) capital
assistance, depreciation of an intangible asset and/or depreciation in excess
of the rate otherwise used for income purposes
i. Expense for contingencies or capital assistance including contributions to a
capital reserve account or fund
31
DATE:________________________________ ______________________________________
(President of Board)
DATE:________________________________ ______________________________________
(Transit System Manager/Project Director)
DATE:________________________________ ______________________________________
(Transit System Financial Officer)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
DATE:________________________________ ______________________________________
(Board Member)
32
THIS FORM MUST BE FILED FOR EACH AND EVERY BOARD MEMBER
ANNUAL WRITTEN STATEMENT OF ACKNOWLEDGMENT
OF
§
8-27-22
CONFLICT OF INTEREST
I, (Please type name) of (Home Address) serving as a board member of the
(Name of Transit
Authority) do hereby acknowledge and agree to abide by
§
8-27-22
Conflict of Interest as stated below.
No member of any authority, nor any of its officers, employees, agents, or consultants, shall have
any interest in any firm, partnership, corporation, company, association or joint-stock association engaged
in the business of providing public transportation in the area encompassed by the authority, or in the
manufacture, sale, or lease of passenger transportation equipment or facilities. No member of any
authority, nor any of its officers, employees, agents or consultants shall contract with the authority or be
interested in the sale of property, either real or personal, to such authority. The term “agents” as used in
this section shall not be deemed for the purposes of this section to include any persons or authorities
which lease from or contact for superintendence and management services with any authority for the
administration, maintenance, repair or operation of any system. (1968, c.62; 1969, c.86.)
________________________________
(Signature of Board Member)
Subscribed and sworn to before me within my said County and State this _____ day of
________________________, _______________.
________________________________
(Notary Public)
County of: _______________________________
State of: _______________________________ My Commission Expires: ___________
33
FTA CERTIFICATIONS AND ASSURANCES
The following is a list of forms that must be included with your application. Please complete information
where specified. The individual forms follow.
AUTHORIZING RESOLUTION
I, (Name of Certifying Officer), do hereby certify that I am duly qualified and acting (Title of
Certifying Officer) of the (Name of Applicant) and as such I am the Keeper of the seal, records and
files of the (Name of Applicant).
I do further certify that as regularly constituted meeting of the (Board of Directors, Executive
Committee, etc.) of the (Name of Applicant) held on the (day) of (month), (year) at which a quorum of
all of the members were present and voting, a certain Resolution was adopted in full accordance and
conformity with the (choose one of the following)
_____ Bylaws of the Applicant
_____ Statutes of the State of West Virginia
As made and provided, and that the following is a complete and true copy of the pertinent
provisions of Resolution:
“BE IT RESOLVED by the (Governing Body) of the (Name of Applicant)
1. That an application be made to the West Virginia DMTF-Public Transit for a federal grant under the
49 U. S.C. Section 5311 Program to acquire funds to provide (Brief Description of Project)
2. That (Name and/or Title) of the (Name of Applicant) is hereby authorized and directed to execute
and file on behalf of the (Name of Applicant) such applications; and that (Name of Authorized
Individual) is authorized to furnish such additional information as may reasonably be required by the
Federal Transit Administration or the West Virginia DMTF-Public Transit in connection with the
aforesaid application for said grant.
I further certify that the original of the complete said Resolution is on file in the records of the
(Name of Applicant) in my custody.
I do further certify that the foregoing Resolution remains in full force and effect and has not been
rescinded, amended or altered in any manner since the date of its adoption.
IN WITNESS WHEREOF, I have hereunto affixed my official signature and the seal (if
appropriate), of the (Name of Applicant), this (day) of (month), (year).
______________________________________
(Signature)
______________________________________
(Title)
34
Assurance Concerning Nondiscrimination on the
Basis of Disability in Federally-Assisted Programs and
Activities Receiving or Benefiting from
Federal Financial Assistance
Implementing the Rehabilitation Act of 1973, as amended, and the
Americans with Disabilities Act of 1990, as amended
(Federal Transit Administration)
The Applicant AGREES THAT, as required by U.S. DOT regulations, Nondiscrimination on the Basis of
Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” at 49
CFR 27.9, the Applicant assures that, as a condition to the approval or extension of any Federal
assistance awarded by FTA to construct any facility, obtain any rolling stock or other equipment,
undertake studies, conduct research, or to participate in or obtain any benefit from any program
administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of that
disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
any program or activity receiving or benefiting from Federal assistance administered by the FTA or any
entity within U.S. DOT. The Applicant assures that project implementation and operations so assisted
will comply with all applicable requirements of U. S. Dot regulations implementing the Rehabilitation Act
of 1973, as amended, 29 U.S.C.794, et seq., and the Americans with Disabilities Act of 1990, as
amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and
38, and any other applicable Federal laws that may be enacted or Federal regulations that may be
promulgated.
Demand Responsive Service Certification
As required by U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” at
49 CFR 37.77(d), the Applicant certifies that its demand responsive service offered to persons with
disabilities, including persons who use wheelchairs, is equivalent to the level and quality of service
offered to persons without disabilities. When the Applicant’s service is viewed in its entirety, the
Applicant’s service for persons with disabilities is provided in the most integrated setting feasible and is
equivalent with respect to:
(1) Response time;
(2) Fares;
(3) Geographic service area;
(4) Hours and days of service;
(5) Restrictions on trip purpose;
(6) Availability of information and reservation capability; and
(7) Constraints on capacity or service availability
In accordance with 49 CFR 37.77, public entities operating demand responsive systems for the general
public which receive financial assistance under 49 U.S.C Section 5310 and 49 U. S. C. Section 5311 of
the Federal Transit Act must file this certification with the appropriate state program office. Such public
entities receiving FTA funds under any other section of the FTA Act must file the certification with the
appropriate FTA regional office. This certification is valid for no longer than one year from its date of
filing.
Charter Service Agreement
An Applicant seeking Federal assistance authorized under 49 U.S.C. chapter 43 (except as permitted by
49 CFR 604.2), or under 23 U.S.C. 133 or 142, to acquire or operate any public transportation equipment
or facilities is required to enter into the follow Charter Service Agreement. FTA may not provide Federal
35
assistance authorized under 49 U.S.C. chapter 53 (except as permitted by 49 CFR 604.2), or under 23
U.S.C. 133 or 142, for such projects until the Applicant enters into this Charter Service Agreement.
A. As required by 49 U.S.C. 5323(d) and (g) and FTA regulations at 49 CFR 604.4, the Applicant
understands and agrees that it and each third party contractor, or other participant in the project at
any tier may provide charter service for transportation projects that uses equipment or facilities
acquired with Federal assistance authorized under the Federal transit laws (except as permitted by
49 CFR 504.2) or under 23 U.S.C. 133 or 142, only in compliance with those laws and FTA
regulations, “Charter Service,” 49 CFR part 604, the terms and conditions of which are incorporated
herein by reference.
B. The Applicant understands and agrees that:
(1) The requirements of FTA regulations, “Charter Service,” 49 CFR part 604, will apply to any
charter service it or its lessees, third party contractors, or other participants in the project
provide,
(2) The definitions of FTA regulations, “Charter Service,” 49 CFR part 604, will apply to this Charter
Service Agreement, and
(3) A pattern of violations of this Charter Service Agreement may require corrective measures and
imposition of remedies, including barring the Applicant, lessee, third party contractor, or other
participant in the project that has engaged in that pattern of violations from receiving FTA
financial assistance, or withholding an amount of Federal assistance as set forth in FTA
regulations, “Charter Service,” 49 CFR part 604, Appendix D.
Certification of Compliance with Disadvantaged Business Enterprise (DBE) Requirements
In connection with the performance of any project resulting from this application, the applicant
will use its
best efforts to insure that DBEs participate in the maximum extent feasible in the performance of
contracts financed in whole or part by the U.S. Department of Transportation.
Certification of Compliance with Title VI of the Civil Rights Act of 1964
The Applicant
hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
and all requirements imposed by the U. S. Department of Transportation, to the end that, in accordance
with Title VI of the Act, no person in the United States shall, on the grounds of race, color, sex or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient received federal financial assistance
from the Department under federal urban mass transportation program; and HEREBY GIVE
ASSURANCE THAT it will immediately take any measures to effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid of federal financial assistance
extended the recipient by the Department under federal urban mass transportation programs, this
certification shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for
the period during which the real property or structure is used for a purpose for which the federal financial
assistance is extended or for another purpose involving the provision of similar services or benefits. If
any personal property is so provided this certification shall obligate the Recipient for the period during
which it retains ownership or possession of the property. In all other cases, this certification shall obligate
the Recipient for the period during which the federal financial assistance is extended to it by the
Department under federal urban mass transportation programs.
Certification of Compliance with Private Enterprise Participation Requirements
36
The Applicant
hereby certifies that it
will follow the requirements outlined in the 49 U.S.C.
Section 5311 Private Enterprise Participation Procedures Manual (see Appendix III) and shall practice
good faith efforts to promote the participation of the private sector in the planning and provision of mass
transit services both as an independent private activity and, whenever feasible, through competitive
contractual arrangements with public bodies.
Litigation Certification
The Applicant hereby certifies that to the best of its knowledge there is no litigation pending or
threatened which might affect the performance of this project. If unable to certify, please state why.
Public Hearing
An Applicant seeking Federal assistance authorized by 49 U.S.C. chapter 53 for a capital project that will
substantially affect a community or a community’s public transportation service is required to provide the
following certification.
As required by 49 U.S.C 5323(b), the Applicant certified that it has, or before submitting its application, it
will have:
A. Provided an adequate opportunity for public review and comment on the proposed project;
B. After providing notice, including a concise description of the proposed project, published in a
newspaper of general circulation in the geographic area to be served, held a public hearing
on the project if the project affects significant economic, social, or environmental interests;
C. Considered the economic, social, and environmental effects of the proposed project; and
D. Determined that the proposed project is consistent with official plans for developing the
community.
Certification of Restrictions on Lobbying
The Applicant certifies that:
A. As required by U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, the
Applicant's authorized representative certifies to the best of his or her knowledge and belief that
for each application for Federal assistance exceeding $100,000:
(1) No Federal appropriated funds have been or will be paid by or on behalf of the Applicant to
any person to influence or attempt to influence an officer or employee of any Federal agency,
Member of Congress, officer or employee of Congress, or employee of a Member of
Congress about an award of Federal assistance, or the continuation, renewal, extension,
amendment, or modification of any Federal assistance agreement; and
(2) If any funds other than Federal appropriated funds have been or will be paid to any person to
influence or attempt to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any application for Federal assistance, the Applicant assures that it will
37
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," including
information required by the instructions accompanying the form, which form may be amended
to omit such information as authorized by 31 U.S.C. 1352.
(3) The language of this certification shall be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements).
(4) The language of this certification shall be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements).
B. The Applicant understands that this certification is a material representation of fact upon which
reliance is placed and that submission of this certification is a prerequisite for providing Federal
assistance for a transaction covered by 31 U.S.C. 1352. The Applicant also understands that
any person who fails to file a 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.
Alcohol Misuse and Prohibited Drug Use
The Applicant hereby certifies that as required by FTA regulations, "Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations," at 49 CFR part 655, subpart I, the Applicant certifies that it
has established and implemented an alcohol misuse and anti-drug program, and has complied with or
will comply with all applicable requirements of FTA regulations, "Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations, " 49 CFR part 655.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
As required by U.S. DOT regulations on Governmentwide Debarment and Suspension (Nonprocurement)
at 49 CFR 29.510:
(1) The Applicant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or
contract under a public transaction: violation of Federal or state antitrust statutes; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, state or local) with commission of any of the offenses listed in paragraph (2) of this
certification; and,
(d) Have not within a three-year period preceding this certification had one or more public
transactions (Federal, state or local) terminated for cause or default.
(2) The Applicant also certifies that if, later, it becomes aware of any information contradicting the
statements of paragraphs (a) through (d) above, it will promptly provide that information to the
Division.
(3) If the Applicant (Primary Participant) is unable to certify to the statements within paragraphs (1) and
(2) above, it shall indicate so on its Signature Page and provide a written explanation to the Division.
38
Procurement Compliance
Applicant certifies that its procurements and procurement system will comply with all applicable Federal
laws and regulations in accordance with applicable Federal directives, except to the extent FTA has
expressly approved otherwise in writing.
Applicant certifies that it will include in its contracts financed in whole or in part with FTA assistance all
clauses required by Federal laws, executive orders, or regulations, and will ensure that each subrecipient
and each contractor will also include in its subagreements and its contracts financed in whole or in part
with FTA assistance all applicable clauses required by Federal laws, executive orders, or regulations.
School Transportation Agreement
A. As required by 49 U.S.C. 5323 (f) and (g) and FTA regulations, "School Bus Operations," at 49
CFR 605.14, the Applicant understands and agrees that it and each lessee, third party
contractor, or other participant in the project at any tier may engage in school transportation
operations in competition with private school transportation operators that uses equipment or
facilities acquired with Federal assistance authorized under the Federal transit laws or under 23
U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, "School Bus
Operations,"49 CFR part 605, to the extent consistent with 49 U.S.C. 5323 (f) or (g), the terms
and conditions of which are incorporated herein by reference.
B. The Applicant understands and agrees that:
(1) The requirements of FTA regulations, "School Bus Operations," 49 CFR part 605, to the
extent consistent with 49 U.S.C. 5323 (f) or (g), will apply to any school transportation service
it or its lessees, third party contractors, or other participants in the project provide,
(2) The definitions of FTA regulations, "School Bus Operations," 49 CFR part 605 will apply to
this School Transportation Agreement, and
(3) If there is a violation of this School Transportation Agreement, FTA will bar the Applicant,
lessee, third party contractor, or other participant in the project that has violated this School
Transportation Agreement from receiving Federal transit assistance in an amount FTA
considers appropriate.
Private Mass Transportation Companies
As required by 49 U.S.C. 5323(a)(1), the Applicant certifies that before it acquires the property or an
interest in the property of a private mass transportation company or operates mass transportation
equipment or facilities in competition with, or in addition to, transportation service provided by an existing
mass transportation company, it has or will have:
A. Found that assistance is essential to carrying out a program of projects as determined by the
plans and programs of the metropolitan planning organization;
B. Provided for the participation of private mass transportation companies to the maximum
extent feasible consistent with applicable FTA requirements and policies;
C. Paid just compensation under state or local law to a private mass transportation company for
its franchises or property acquired; and
D. Acknowledged that the assistance falls within the labor standards compliance requirements
of 49 U.S.C. 5333(a) and 5333(b).
Miscellaneous Requirements
39
Applicants of FTA funding must ensure the following:
A. The Applicant organization has the requisite fiscal, managerial and legal capability to carry
out the FTA program and to implement and manage the project.
B. Some combination of state, local and private funding sources has or will be committed to
provide the required local share.
C. The Applicant has, or will have by the time of delivery, sufficient funds to operate and
maintain the vehicles and/or equipment purchased under the project, as applicable.
Additionally, project equipment used in the provision of services will be maintained in
accordance with detailed maintenance and inspection schedules as provided by the
manufacturer.
Standard Assurances
The Applicant assures that it will comply with all applicable Federal statutes, regulations, executive
orders, FTA circulars, and other Federal requirements in carrying out any project supported by an FTA
grant or Cooperative agreement. The Applicant agrees that it is under a continuing obligation to comply
with the terms and conditions of the grant agreement or cooperative agreement issued for its project with
FTA. The Applicant recognizes that Federal those modifications may affect project implementation. The
Applicant agrees that the most recent Federal requirements will apply to the project, unless FTA issues a
written determination otherwise.
Certification of Provision of Necessary Local Matching Funds
The Applicant hereby assures that sufficient non-Federal funds have been or will be committed to
provide the local share of the project’s operating cost.
Inspection
The Applicant hereby certifies that it shall permit the FTA, 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.
Disadvantaged Business Enterprise Assurance
In accordance with 49 CFR 26.13(a), the Applicant assures that it shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of any third party contract, or
subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its
DBE program or requirements of 49 CFR part 26. The Applicant assures that it shall take all necessary
and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration
of all third party contracts and subagreements supported with Federal assistance derived from the U.S.
DOT.
Civil Rights
The Applicant hereby agrees that it will comply with the following requirements:
40
(a) Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202
of the Americans With Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. §
5332, the Applicant agrees that it will not discriminate against any employee or applicant for employment
because of race, color, creed, national origin, sex, age or disability. In addition, the Applicant agrees to
comply with applicable Federal implementing regulations and other implementing requirements FTA may
issue.
(b) Equal Employment Opportunity. The following equal employment opportunity requirements apply to
the Applicant:
(i) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as
amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Applicant agrees to
comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S.
DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,” 41 C.F.R. Parts 60 et. seq., (which implement Executive Order 11246, “Equal
Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,”42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the future affect
construction activities undertaken in the course of the project. The Applicant agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Applicant agrees to comply with any implementing
requirements FTA may issue.
(ii) Age. In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended,
29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Applicant agrees to refrain from
discrimination against present and prospective employees for reason of age. In addition, the Applicant
agrees to comply with any implementing requirements FTA may issue.
(iii) Disabilities. In accordance with Section 102 of the Americans With Disabilities Act, as amended, 42
U.S.C. § 12112, the Applicant agrees that it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans
With Disabilities Act,” 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In
addition, the Applicant agrees to comply with any implementing requirements FTA may issue.
(iv) The Applicant hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-
352) and all requirements imposed by the U.S. Department of Transportation, to the end that, in
accordance with Title VI of the Act, no persons in the United States shall, on the grounds of race, color,
creed, national origin, sex or age be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which the Applicant received
Federal financial assistance from the Department under Federal Transit Administration Programs; and
HEREBY GIVES ASSURANCE THAT it will immediately take any measures to effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid of Federal financial
assistance extended to the Applicant by the Department under Federal Transit Administration Programs,
this certification shall obligate the Applicant, or in the case of any transfer of such property, any
transferee, for the period during which the real property or structure is used for a purpose for which the
Federal financial assistance is extended or for another purpose involving the provision of similar services
or benefits. If any personal property is so provided this certification shall obligate the Applicant for the
period during which it retains ownership or possession of the property. In all other cases, this certification
shall obligate the Applicant for the period during which the Federal financial assistance is extended to it
by the Department under Federal Transit Administration Programs.
41
THIS CERTIFICATION is given in the consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after
the date hereof to the Applicant by the Department under Federal Transit Administration Programs. The
Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on
the representations and agreements made in this certification, and that the United States shall have the
right to seek judicial enforcement of this certification. This certification is binding on the Applicant, its
successors, transferees, and assignees. The person or persons whose signatures appear on the
Declaration page are authorized to sign this certification on behalf of the Applicant.
Nondiscrimination Assurance
As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national
origin, sex, or age, and prohibits discrimination in employment or business opportunity), Title VI of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and U.S. DOT regulations, “Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation -Effectuation of Title VI of the Civil
Rights Act,” 49 CFR part 21 at 21.7, the Applicant assures that it will comply with all requirements of 49
CFR part 21; FTA Circular 4702.1, “Title VI Program Guidelines for Federal Transit Administration
Recipients”, and other applicable directives, so that no person in the United States, on the basis of race,
color, national origin, creed, sex or age will be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of
transportation services and transportation-related benefits) for which the Applicant receives Federal
assistance awarded by the U.S. DOT or FTA as follows:
1) The Applicant assures that each project will be conducted, property acquisitions will be
undertaken, and project facilities will be operated in accordance with all applicable requirements
of 49 U.S.C. 5332 and 49 CFR part 21, and understands that this assurance extends to its entire
facility and to facilities operated in connection with the project.
2) The Applicant assures that it will take appropriate action to ensure that any transferee receiving
property financed with Federal assistance derived from FTA will comply with the applicable
requirements of 49 U.S.C. 5332 and 49 CFR part 21.
3) The Applicant assures that it will promptly take the necessary actions to effectuate this
Assurance, including notifying the public that complaints of discrimination in the provision of
transportation-related services or benefits may be filed with U.S. DOT or FTA, the Applicant
assures that it will submit the required information pertaining to its compliance with these
requirements.
4) The Applicant assures that it will make any changes in its 49 U.S.C. 5332 and Title VI
implementing procedures as U.S. DOT or FTA may request.
5) As required by 49 CFR 21.7(a)(2), the Applicant will include in each third party contract or
subagreement provisions to invoke the requirements of 49 U.S.C. 5332 and 49 CFR part 21, and
include provisions to those requirements in deeds and instruments recording the transfer of real
property, structures and improvements.
Assurance of Authority of the Applicant
I declare that the foregoing certifications and their requirements are understood and shall be fully
complied with. Further, I hereby certify that the statements and exhibits provided in this Application are
true, accurate and correct.
42
The Authorized Official who signs these certifications, assurances, and agreements affirms that both
he/she and its governing board representative have adequate authority under applicable state and local
law and the Applicant’s internal rules to:
(1) Execute and file the application for Federal assistance on behalf of the Applicant;
(2) Execute and file the required certifications, assurances, and agreements on behalf of the Applicant
binding the Applicant; and
(3) Execute grant agreements and cooperative agreements with FTA on behalf of the Applicant.
Executed on ____________________ at_____________________________,______
(Date) (City) (State)
_____________________ _____________________________________
(Date) (Signature of Authorized Official)
IN WITNESS WHEREOF, I have hereunto affixed my official signature of the
_____________________________________________________________________________
(Name of Applicant)
This _____ day of __________________________, 20______.
____________________________________________
(Signature of Governing Board Representative)
____________________________________________
(Title)
43
APPENDIX I: GLOSSARY OF TERMS
CAPITAL EQUIPMENT OR FACILITIES Vehicles, equipment and facilities which have
a multiyear usable lift. For the purpose of this program only transportation related
capital equipment is eligible for funding.
CHARTER A private service under contract to a given group where the general public
is excluded and which is incidental to the normal operation of the transportation system
and which is not on a regular basis.
CONTRACT REVENUE Revenue earned for providing specific service(s) for social
service agencies.
DEMANDRESPONSE Service which is tailored to meet the specific transportation
needs of travelers, usually through route deviations based on requests for the service.
DialARide is a common form of demandresponsive transportation.
DISABLED Any individual who, by reason of illness, injury, age, congenital malfunction,
or other permanent or temporary incapacity or disability, is unable without special
facilities or special planning or design to utilize mass transportation facilities and
services as effectively as persons who are not so affected. The definition of “disability”
was amended in MAP-21 so that it has the same meaning as in the Americans with
Disabilities Act (ADA), 42 U.S.C. 12101, et seq. However, the definition in section 5302
does not apply to the half-fare provision in section 5307(c)(1)(D). The half-fare
provision continues to apply to seniors, persons with Medicare cards, and persons who
“because of illness, injury, age, congenital malfunction, or 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.”
ELDERLY/OLDER ADULTS – Senior This is a new term to Chapter 53 under MAP-21,
and means an individual who is 65 years of age or older. The term is used in Section
5310 - Enhanced Mobility for Seniors and Individuals with Disabilities grant program.
FISCAL YEAR From July 1 through June 30; the same as the State fiscal year.
FIXED ROUTE/FIXED SCHEDULE Vehicles operating on a fixed route and fixed
schedule.
FTA Federal Transit Administration
FULL TIME HOURLY EMPLOYEE Those employees working approximately 2,080
hours per year.
GRANT PERIOD/PROJECT YEAR July 1 through June 30.
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INTERGOVERNMENTAL REVIEW PROCESS A process whereby all levels of
government are notified of proposed projects involving federal funds. It is intended to
assure that conflicting projects or projects not in the best interest of the community are
identified early in the planning phase. This review can be done by the regional planning
and development council or commission as well as by the State Clearinghouse.
LOCAL FUNDS OR SHARE Refers to the match for the Section 5311 federal dollars.
LOW-INCOME INDIVIDUAL - The term is defined as, “an individual whose family
income is at or below 150 percent of the poverty line, as defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision
required by that section, for a family of the size involved.” The formulas for funding
apportionment in sections 5307 and 5311 now include consideration of the number of
low-income individuals in a rural or urbanized area for part of the apportionment.
However, this definition does not apply to the formula for public transportation on Indian
reservations, which defines a low-income individual as an individual whose family
income is at or below 100 percent of the poverty line.
DEVIATED FIXED ROUTE/DEMAND RESPONSIVE Vehicles that operate on a fixed
route, but will detour from the route to pick up or drop off passengers. After the
customer is served, the vehicle will return to the fixed route.
NONOPERATING All costs except operating and capital that are needed to operate the
transit property.
OFFICIAL TRANSCRIPT Written minutes taken at a public meeting preferably by a
court reporter. These minutes must be certified by a responsible official of the
applicant's agency.
OPERATING EXPENSE "Fuel, oil, replacement tires, replacement parts, driver's and
mechanics salaries, dispatcher's salary, licenses" (23 CFR 825, Appendix A Paragraph
3.b(9) and contracted vehicle maintenance service, hand tools.
PARTTIME HOURLY EMPLOYEE Those employees working approximately 1,040
hours per year.
PASSENGERS The number of one way passenger trips, a round trip taken by the
same individual should be counted as two passengers.
PUBLIC TRANSPORTATION - Public Transportation Under MAP-21, Congress
amended the definition of “public transportation” to specify that public transportation is
regular, continuing, shared-ride, surface transportation service that is “open to the
general public or open to a segment of the general public defined by age, disability, or
low income.” Public transportation does not include Amtrak service, intercity bus
service, charter bus service, school bus service, sightseeing service, courtesy shuttle
service for patrons of one or more specific establishments; or intra-terminal or intra-
facility shuttle services.
45
SERVICE AREA Geographic area over which the Project is operating and the area
whose population is served by the Project including adjacent areas affected by the
Project.
SMALL URBAN Those communities with a population of 50,000 or less.
WORK RUNS Service provided primarily to meet the needs of employees of one or
more firms in traveling to and from work, but also open to the general public.
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APPENDIX II: BUDGET DEFINITIONS
ELIGIBLE EXPENSES
Salaries
Manager - Fixed compensation paid regularly for services rendered by the manager
including sick leave, paid holidays, vacation and other paid absences such as military leave, jury
duty, death in family, etc.
Drivers - Fixed compensation paid regularly for services rendered by the drivers
including sick leave, paid holidays, vacation and other paid absences such as military leave, jury
duty, death in family, etc.
Other - Fixed compensation paid regularly for services rendered by the secretary,
dispatcher, mechanics and other staff including sick leave, paid holidays, vacation and other
paid absences such as military leave, jury duty, death in family, etc. Gross wages must be
reported.
Fringe Benefits - An employment benefit granted by an employer that involves a money cost
without affecting the basic wage rate. These include:
a) Social Security
b) Retirement of Pension Plans - Pension benefits and contributions to a plan only if
actually paid and only up to a maximum of the current year accrual are eligible.
c) Hospital, Medical, Surgical Plans
d) Dental and Optical Plans
e) Life Insurance Plans
f) Short-term Disability Insurance Plans
g) Unemployment Insurance
h) Workmen's Compensation Insurance
i) Uniform and Work Clothing Allowance
j) Miscellaneous
Board Expenses - Costs paid in accordance with Article 27, Chapter 8, Section 6 of the
Code
of the State of West Virginia, as amended. Board members shall receive up to fifty dollars for
each meeting actually attended with total compensation paid to any members by the authority
for any fiscal year not to exceed in the aggregate the sum of $600. Each member shall also be
reimbursed by the authority for all reasonable and necessary expenses actually incurred in the
discharge of their duties as a member of the board.
CDL Testing - Costs incurred to obtain or maintain CDL Licenses.
Computer Supplies - Lines, cable, connector, packaged computer software with a value of less
than $500, licenses, and other computer supplies (does not include computer publications) for
use in the office.
Contracted Vehicle Maintenance Services - The repair or maintenance of vehicles or related
vehicular equipment under contract or on a single job basis with an outside organization.
47
Contractual Services - Costs incurred by the transit system as a substitute for in-house
employee labor. Examples of this are labor and services provided by attorneys, computer
service companies, management consultant, bookkeeping services, janitorial services, etc.
Lease agreements except for rental of property or buildings, lease-purchase agreements and
maintenance contracts for repair of business machines, e.g., typewriters, copiers, fax machines
and computers, etc., should be included here.
Drug & Alcohol Testing Expenses - Costs incurred to meet the requirements of 49 C.F.R.
Part 655.
Fuel & Oil - Fuel, lubricants and oil needed to operate a vehicle.
Garage/Storage Costs - Includes leasing or owning space for the repair and maintenance of
vehicles; inspecting, repairing, replacing components of garage and shop buildings and
equipment; materials and supplies used to clean, maintain and repair components of the
garage, shop building, grounds and equipment. Costs incurred for controlling access to yards,
buildings and structures should also be taken into account.
Hand Tools - Any small tool such as wrenches, screwdrivers, drills, etc. that are necessary to
maintain or repair a vehicle.
Insurance (Transit Property, Vehicle Insurance & Other) - Costs incurred to provide insurance
coverage in the event that a transit vehicle is involved in an accident and/or passengers
thereupon, and/or property or other persons are involved; valuable papers and record insurance
should be included here as well as theft, fire, casualty and liability insurance for the transit
property's office, maintenance facility and vehicles. Also, costs incurred by the transit provider
for insurance coverage for property, owned or leased, and not located in the confines of the
maintenance and/or office facilities, including radio equipment and towers, etc. The bonding of
employees who handle money, etc. should be included here.
Marketing - Funds expended in the promotion of the transit system in order to increase
ridership and/or revenues. These expenses include payment for advertising space in
newspapers, periodicals, billboards, radio, television, etc.; the cost of promotion media such as
maps, leaflets and brochures, posters, etc.; and, the cost of promotional items such as rulers,
shopping bags, etc. Fees, commissions and expenses of an advertising agency for the
development and production of advertising campaigns and other promotional material.
Distribution of promotional material including temporary help and marketing research activities
that would incur expenses should also be included here.
Office Equipment - Any equipment such as desks, calculators, typewriters, filing cabinets,
telephone systems, copiers, fax machines, computers and computer equipment such as
modems, printers, etc. that is necessary to the operation of the transit system. Any computer
software or licenses purchased for use in the office with a value greater than $500 for each
item.
Office Expenses - Those supplies that are normally used in the operation of an office and are
primarily considered expendable in nature, e.g., letterhead, copy machine paper, toner,
typewriter cartridges, calculator ribbons, staplers, tape dispensers, magazine subscriptions, etc.
Postal and freight charges are also included here.
48
Office Maintenance - Costs incurred for the maintenance of the administrative office facility,
including painting, cleaning, and replacement of fixtures which are a necessary part of the
office.
Physicals - Costs incurred to conduct physicals for the drivers.
Printing/Copying - Costs incurred for printing or copying of stationery, business forms, reports,
etc. Printing of schedules should be included here.
Rent - Includes cost of leasing property (real and personal) and premises for the purpose of
conducting transit authority business.
Replacement Parts - Replacement parts for a transit vehicle necessary to its safe, reliable and
economical operation; purchase of tires and tubes should be included here.
Telecommunications - Monthly charges by the phone companies for service, teleconferencing,
long distance charges, data circuits for computers, installations or moving charges, Internet
charges, and line charges for facsimile equipment.
Travel - Fares and allowances for transportation of transit system employees on airplanes,
trains, etc. This line item also includes expenses for food and lodging, reimbursement for
mileage, charge for participation in conferences and other related business meeting expenses.
Must be in accordance with the travel regulations as issued by the DMTF-Public Transit.
Uniform - Articles of clothing purchased or rented for employees which constitute the transit
system's uniform(s).
Utilities - Payments made to various utilities for utilization of their resources (e.g. electric, gas,
water, sewer, etc.)
Miscellaneous - Those costs that are not recognized in any other categories such as taxes,
licenses, books, publications, bus washes, etc. Also costs incurred by a CPA firm that performs
the transit agency's annual audit.
REVENUES
Contracted Revenues - The revenue earned under contractual arrangements, either written or
oral, with public and/or private universities, social service agencies, day care centers, clinics,
manpower programs, etc. For a specific service usual during regular hours of transit operation
and usually on a regular basis. This service must be open to the general public.
Farebox Cash - Actual cash received from the farebox
Farebox Tickets - Cash value of passes, discount tickets, etc.
Interest - Interest on savings accounts, investment income, etc.
Other - Those revenues not recognized in any of the other categories such as freight fees
ADDITIONAL ELIGIBLE LOCAL SHARE SOURCES
Advertising - The profits earned from displaying advertising materials on transit system
vehicles and property. The amounts recorded herein should be net of any fees paid to
49
advertising agencies who place the advertisement with the transit system. Profits earned from
advertising may be considered local match.
Charter - A private service under contract to a given group where the general public is excluded
and which is incidental to the normal operation of the transportation system and which is not on
a regular basis. Profits earned from charter services may be considered local match.
SECTION 5311 REPORTING REQUIREMENTS
Number of Active Vehicles – The total number of operational revenue vehicles in the fleet
available for general public transit service, including spare or back-up revenue vehicles. The
total also should include any operational revenue vehicles used by contractors in general public
transit service. Non-revenue service vehicles and personal vehicles should not be included.
Number of ADA Accessible Vehicles in Fleet – The number of active vehicles in the fleet
which meet all ADA accessibility requirements.
Peak Hour Fleet – The greatest number of revenue vehicles operating at one time.
Number of Days of Revenue Operation Per Month – Total number of days vehicle operates
in revenue service in a month.
Hours of Vehicle Operation Per Month - The total hours that vehicles travel while in and out of
revenue service. Vehicle hours include deadhead, operator training, maintenance and charter
services.
Revenue Vehicle Hours Per Month - The total hours that each vehicle travels while in revenue
service. Vehicle revenue hours include layover/recovery time. Revenue hours exclude
deadhead, operator training, maintenance and charter services.
Cost Per Vehicle Hour - Total operating cost divided by the total number of vehicle hours.
Cost Per Revenue Vehicle Hour - Total operating cost divided by the total number of revenue
vehicle hours.
Passengers Per Revenue Hour – Total number of unlinked passenger trips divided by the total
number of revenue hours.
TOTAL PASSENGER TRIPS - The number of passengers who board public transportation
vehicles. Passengers are counted each time they board vehicles no matter how many vehicles
they use to travel from their origin to their destination. Includes PCAs, transfers and non-paying
passengers. Excludes service animals, meals and packages.
Total Elderly – All passengers 60 years of age and older.
Total Disabled – Total number of all passengers who have a physical or mental impairment
that substantially limits one or major life activities.
Wheelchair Users – Total number of disabled passengers who utilize a wheelchair or other
mobility device.
Non-wheelchair Users – Total number of disabled passengers who do not utilize a wheelchair
50
or other mobility device.
Total Other Passengers – Those passengers that are not elderly or disabled.
PLEASE NOTE: DO NOT COUNT AN INDIVIDUAL PASSENGER IN MORE THAN ONE
CATEGORY.
TOTAL VEHICLE MILES – Total mileage calculated from the time each vehicle leaves the
garage (or dispatch point) to the point it returns to the garage (or dispatch point). Vehicle miles
include all deadhead, operator training, maintenance and charter service.
TOTAL REVENUE VEHILCE MILES - The miles that vehicles travel while in revenue service.
Vehicle revenue miles include layover/recovery time. Revenue miles exclude deadhead,
operator training, maintenance and charter services.
Cost Per Revenue Vehicle Mile - Total operating cost divided by the total number of revenue
miles.
Revenue Per Revenue Vehicle Mile – Total revenues divided by the total number of revenue
miles.
Cost Per Passenger - Total operating cost divided by the total number of passengers.
Revenue Per Passenger – Total revenues divided by the total number of passengers.
Passenger Per Revenue Mile – Total passengers divided by the total number of revenue
miles.
Revenue Per Expenses (Goal is at least 12%) – Total revenues divided by total operating
costs.
Total Number of Deadhead Miles – The miles that a vehicle travels when out of revenue
service. Includes leaving the garage (or dispatch point) to the first passenger pick-up and last
passenger drop-off to the garage (or dispatch point). Deadhead does not include charter
service, school bus service, operator training and maintenance.
TOTAL MEALS DELIVERED – Total number of meals delivered to the home bound.
EMPLOYEES – Total number of full and part-time employees.
Total of Full Time Employees – The total number of employees, whether paid or volunteer,
that work full time. Normally it would be those employees working 2,040 hours per week.
Total of Part Time Employees – The total number of employees, whether paid or volunteer,
that work part time. Normally it would be those employees working 1,020 hours per week.
Drug and Alcohol Testing N/A
National Rural Transit Database N/A
51
APPENDIX III: PRIVATE SECTOR PARTICIPATION PROCEDURES
STATE OF WEST VIRGINIA
49 U.S.C. SECTION 5311
PRIVATE ENTERPRISE PARTICIPATION
PROCEDURES MANUAL
Developed By
West Virginia DMTF-Public Transit
52
INTRODUCTION
These procedures shall serve as the State of West Virginia's established criteria
for the implementation and guidance of the requirements on Private Sector Participation
for 49 U.S.C. Section 5311 Recipients. It is policy, that local entities, as a part of their
transportation planning, provide reasonable notice to private transportation providers
and possible new business entrants regarding proposed services and opportunities for
private providers in order that they may present their views concerning the development
of local plans and programs. Further, it is policy, that a fair appraisal of private sector
views and capabilities be assured by offering private providers an early opportunity to
participate in the development of projects that involve new and/or restructured mass
transit services. Additionally, the DMTF-Public Transit shall, under this grant program,
include in its definition of private sector participation, the award of all contracts to private
enterprises resulting from competitively bid purchases of goods and or services.
It must be recognized that very few potential private providers exist in small
communities, and that the nature and characteristics of the rural and small urban
environment, and wide variety of small operators (less than 30 buses) funded under this
grant program have been taken into consideration in the development of these
procedures.
The DMTF-Public Transit and its subgrantees shall practice good faith efforts to
promote the participation of the private sector in the planning and provision of mass
transit services both as an independent private activity and, whenever feasible, through
competitive contractual arrangements with public bodies.
53
1. State Procedures and Requirements for Achieving Early Participation
A public notice shall be placed in the local newspapers, at least twice in a
fourteen (14) day period with at least seven (7) days intervening between the
advertisements, announcing that the subgrantee will meet with interested private
transportation providers to discuss and determine if any existing transit service to the
community could be more efficiently provided by the private sector. In addition, the
subgrantee will encourage discussion of possible public/private partnerships in the
provision of transportation services. Written requests for such meetings may be
submitted throughout the year to the subgrantee.
Documentation of this effort shall include copies and receipts of all certified
letters from the subgrantee to the private providers and copies of the annual public
notices as published in the local newspapers and their respective Certifications of
Publication. This documentation shall be incorporated into the subgrantees' annual
application for federal funding.
2.
State Guidance to Subgrantees For Policy Implementation
2.1 Every subgrantee shall provide a written description of the current level of
participation by private providers as a part of their grant application.
2.2 All subgrantees will be required to publish a public notice in local newspapers, at
least twice in a fourteen (14) day period with at least seven (7) days intervening
between advertisements, when the subgrantee prepares its operating and/or capital
grant applications for submittal to the State. This notice shall briefly describe the
subgrantees' project; request written comments from interested parties within fifteen
(15) days after the first public notice appears in the newspapers; permit
examination of the complete application at the subgrantees office; and state that, if
54
requested, a public hearing, scheduled by the subgrantee, will be held to discuss
the grant application. On behalf of the subgrantees, the DMTF-Public Transit will
annually advertise a Public Notice statewide which will provide for early
participation by private providers in the planning and development stages of the
local providers transit projects.
Note: Early notification letters and their certified
receipts will be used in the initial year.
2.3 Subgrantees shall provide written minutes and/or transcripts of any meetings and/or
hearings resulting from written notifications to private providers and/or public
notices.
2.4 Documentation must be provided to ensure that the private sector proposal has
been thoroughly considered and that a true cost comparison has been made; that
the established criteria was used in the comparison; that the proper methods for
resolving objections on the local level was followed; and justification on behalf of
the local committees' decision.
2.5 Subgrantees will be required to conduct an annual review of their existing
transportation services.
In the event of the development of new service or significant restructuring of
services, a public notice will be placed in local newspapers at least twice in a fourteen
(14) day period with at least seven (7) days intervening between the advertisements
alerting private transportation providers that the subgrantee, in not less than thirty (30)
days after the notice first appears in the newspapers, will be implementing a
modification of its transit service to the community (i.e., either new service or a
significant restructuring of the system). This notice will request interested providers
seeking to discuss supplying transportation services and/or to submit written comments
55
on the various service modification proposals that should be considered by the
subgrantee to do so within fifteen (15) days after the public notice first appears in the
newspapers.
If there is no response from private transportation providers during this fifteen (15)
day period, the subgrantee may implement its proposal thirty (30) days after the public
notice first appears in the newspapers.
"New or restructured services" may involve any or all of the following: establishment
of a new mass transportation service; addition of a new route or routes; a significant
increase in service on an existing route; or a change in the type or mode of service
provided on a specific, regularly scheduled route. A significant increase on an existing
route is any change(s) that will affect the service characteristics by at least 20%.
Service characteristics/statistics include but are not limited to: frequency of service,
route miles, route hours, number of passengers, farebox revenue and operating costs.
The provision of reoccurring seasonal service modifications, such as extended
transit service to accommodate the Christmas shopping season, shall not be subject to
the requirements of this subsection.
The requirements of this subsection may be waived when major highway and/or
bridge construction projects or restrictions temporarily affect the provision of transit
service to the community.
If an emergency situation ever arises where an unexpected financial crisis
threatens the ongoing short-term or long-term provision of all existing public transit
service to the area unless major system restructuring is implemented as quickly as
possible, the sub-grantee may initiate these service changes after holding a public
hearing on the matter. This public hearing will be held no sooner than fifteen (15) days
56
after the public notice announcing it first appears in the newspapers. The public notice
shall be placed in local newspapers at least twice in a fourteen (14) day period with at
least seven (7) days intervening between the advertisements. The notice will, in part,
briefly describe the proposed system restructuring and request input from interested
parties. Concurrently, the sub-grantee will work with interested private transportation
providers in an attempt to develop a transition plan to ensure the continued long-term
provision of service to the public.
2.6 Criteria to be utilized in evaluating public/private service decisions shall include but
not be limited to the following and shall be made available to private providers prior
to preparation of their proposals:
A. Certification that the provider has or will have the legal, financial and technical
capabilities to carry out the proposed transportation service.
This includes but is not restricted to the following: regulatory approval if the private
provider is a regulated carrier (e.g. taxi); proper incorporation as a private nonprofit
organization if the agency is a Section 16 provider; financial solvency now and in the
near future; insurance coverage; administrative capability to effectively and efficiently
run their operation; and, trained personnel to properly maintain their vehicles.
B. The existence or planned implementation of a documented preventative
maintenance and daily safety check program to insure that the vehicles are in a
safe operating condition.
C. That the private provider can and will comply with the Grant Program Safety
Requirements outlined in Appendix A of these Procedures.
D. That the proposed private service be less expensive to operate than the present
or proposed public service based on the fully allocated cost of the service. Fully
57
allocated costs will include all subsidies utilized by public providers (e.g.
operating subsidies, capital grants and the use of public facilities). In addition, at
least the following ratios should be examined: revenue/expenses;
cost/passenger; and cost/route mile.
E. That the proposed private service offer at least a comparable level of service to
the community in terms of convenience and cost as the existing or proposed
public service.
Factors to consider include but are not limited to: frequency of service; daily
hours of service; vehicle accessibility for the elderly and the handicapped; and,
passenger fares, especially nonpeak fares for the elderly and handicapped.
F. That the provider will comply with Federal laws and regulations in the areas of:
equal employment opportunity: nondiscrimination on the basis of a handicap;
Title VI of the Civil Rights Act of 1964; and, the disadvantaged business
enterprise procurement program.
2.7 The methodology to be used at the local level in making true cost comparisons
shall at a minimum be based on the following:
1. The fair market value of in-kind and/or donated services.
2. The written description of how the monetary values of the in-kind and/or
donated services were determined.
3. The comparison of the actual per vehicle costs. Examination and comparison
of these criteria will allow the local body reviewing the proposals to fairly
determine the most efficient method of providing the services in question.
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2.8 Sub-grantees shall be required to provide the State with copies of all complaints
from private operators and shall provide a narrative description of the resolution
process and results.
2.9 In the event of a dispute or objection to the sub-grantees' proposed project, the
sub-grantee will be required to notify their local Planning and Development
Council that an objection or dispute has arisen and requesting the formation of a
local resolution committee. The sub-grantee and private provider shall submit
their proposals to the Planning and Development Council for review. One of the
following methods will be used by the Planning and Development Council in
resolving the objection or dispute:
A. The Planning and Development Council will review both proposals in-
house and reach a decision.
B. The Planning and Development Council may offer the formation of a local
resolution committee. A list of the individuals, selected by the Council, to
serve on the committee will be provided to the subgrantee and private
provider for their review. Both parties shall agree on the list of committee
members prior to the review of their proposals.
C. The Planning and Development Council may develop another method for
local resolution of objections and/or disputes. Any additional methods for
resolving disputes and/or objections must be submitted to the DMTF-
Public Transit for review and approval prior to implementation.
The criteria to be used in reviewing the two (2) proposals has been described in
detail under numbers 2.6 and 2.7 of these procedures. An appeal for further
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review may be made to the State if either party considers the decision made at
the local level to be unsatisfactory.
3. State Process For Resolving Conflicts/Complaints Not Resolved At The Local Level
Should the sub-grantee and private provider be unable to reach a solution to the
objection or complaint or be dissatisfied with the decision made at the local level, an
appeal may be made to the DMTF-Public Transit.
The DMTF-Public Transit will, upon written request of either party, form a Special
Transit Advisory Committee (STAC) to review the dispute or objection. The STAC
will be composed of members who will be representatives of the following groups:
public transit, private transit, and paratransit, as well as a governmental agency
representative and a consumer.
It shall be the responsibility of the Division to select the members of the STAC
and to determine the time and location of the Special Committee meeting. Every
effort will be made to select members for the Special Committee from areas other
than those areas involved in the dispute of the proposed project(s).
The subgrantee involved in the objection or dispute and a representative of the
objector or opposing individual will both be allowed to present their cases to the
STAC and to answer any questions that may arise during the meeting.
Only one (1) meeting of the STAC will be held and a decision will be made by its
members after each side has presented their case. Members of the DMTF-Public
Transit staff will be present at the meeting, but will not be involved in reaching the
decision of the Committee. A private vote of the Committee members will be taken,
and the two parties involved in the dispute will be notified of the Committee's
decision in writing.
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The decision of the Special Transit Advisory Committee shall be final and there is
no appeal process. However, private providers may appeal to the Federal Transit
Administration (FTA) but "
only upon procedural grounds that the local planning and
programming process has not established procedures for the maximum feasible
participation of private transportation providers consistent with Section 8(e) and the
spirit of this policy; or that local procedures were not followed; or that the local
process does not provide for the fair resolution of disputes."
Private transportation providers can file their appeal with FTA at the following address:
Regional Administrator
Federal Transit Administration, Region III
1835 Market Street, Suite 1910
Philadelphia, Pennsylvania 19103-4124
4. State Technical Assistance Provided to Private Operators and Subgrantees
Technical assistance provided to the sub-grantees and private providers are the
West Virginia Transportation Providers Directory, RSAM Courses, and Safety
Training. The Statewide Transportation Providers Directory identifies all the
potential agencies in specific service areas that could provide the service. The
DMTF-Public Transit annually notifies the private carriers in writing urging them to
contact their local paratransit and public transit providers to discuss any proposed
transportation services. Notice shall be published in the largest newspapers in the
state.
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APPENDIX IV: WV REGIONAL PLANNING AND DEVELOPMENT
COUNCILS AND MPO’S
REGION I
Region I Planning and Development Council
Consisting of: McDowell, Mercer, Monroe, Raleigh, Summers
and Wyoming Counties
Executive Director: Jason Roberts
Suite 5, 1439 East Main Street
Princeton, West Virginia 24740
PH: (304) 431-7225
FAX: (304) 431-7235
Email:
Website:
www.regiononepdc.org/
Contact: Jeff Johnson, Community Development Director
Email:
REGION II
Region II Planning and Develop Council
Consisting of: Cabell, Lincoln, Logan, Mason, Mingo, and Wayne Counties
Executive Director: Chris Chiles
400 Third Avenue
Huntington, West Virginia 25712
PH: (304) 529-3357
Email:
Website:
www.region2pdc.org/
Contact: Kathy Elliott, Senior Project Administrator
Email:
MPO - KYOVA Interstate Planning Commission
Consisting of: Huntington, WV and Ironton, OH (Cabell and Wayne
Counties, WV and Lawrence County, OH)
Contact: Mr. Saleem Salameh, P. E., Executive Director
Same address and phone information
Email:
Website: www.kyovaipc.org
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Attention: Saleem Salameh, P.E.
Technical Study Director/Transportation Engineer
Email:
REGION III
MPO - Regional Intergovernmental Council
Consisting of: Charleston Metropolitan Area (Kanawha and Putnam
Counties) and
Region III – BCKP Regional Intergovernmental Council
Consisting of: Boone, Clay, Kanawha, and Putnam Counties
Executive Director: Colt Sandoro
315 “D” Street
South Charleston, WV 25303
PH: (304) 744-4258
FAX: (304) 744-2534
Email:
Website:
www.wvregion3.org/
REGION IV
MPO – Fayette/Raleigh Metropolitan Planning Organization
Consisting of: Fayette and Raleigh Counties and
Region IV Planning and Development Council
Consisting of: Fayette, Greenbrier, Nicholas, Pocahontas
and Webster Counties
Executive Director: John Tuggle, Executive Director
885 Broad Street, Suite 100
Summersville, West Virginia 26651
PH: (304) 872-4970
FAX: (304) 872-1012
Email:
Website:
reg4wv.org/about.html
REGION V
Mid-Ohio Valley Regional Council
Consisting of: Calhoun, Jackson, Pleasants, Ritchie,
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Roane, Tyler, Wirt and Wood Counties
Executive Director: Carol Jackson
531 Market Street
Parkersburg, West Virginia 26101
or
P.O. Box 247
Parkersburg, West Virginia 26102
PH: (304) 422-4993
FAX: (304) 422-4997
Email:
Website:
www.movrc.org/
MPO - Wood Washington Wirt Interstate Planning Commission
Consisting of: Parkersburg, WV, Marietta and Belpre, OH (Wood County,
WV and Washington County, OH)
Contact: Randy Durst, Transportation Planning Director
Same address and phone number (ext. 125)
Email:
Website:
www.triplew.org/
REGION VI
Region VI Planning and Development Council
Consisting of: Doddridge, Harrison, Marion, Monongalia,
Preston and Taylor Counties
Executive Director: Sheena Hunt
34 Mountain Park Drive
White Hall, West Virginia 26554
PH: (304) 366-5693
FAX: (304) 367-0804
Email:
Website:
www.regionvi.com/
Contact: Rosemary Rashella, Assistant
Email:
MPO - Morgantown/Monongalia Metropolitan Planning Organization
Consisting of: Morgantown/Monongalia County
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Executive Director: Bill Austin, AICP
243 High Street, Room 110
Morgantown, West Virginia 26505-5427
PH: (304) 291-9571
FAX: (304) 291-9573
Email:
REGION VII
Region VII Planning and Development Council
Consisting of: Barbour, Braxton, Gilmer, Lewis,
Randolph, Tucker and Upshur Counties
Executive Director: Shane Whitehair, Executive Director
99 Edmiston Way, Suite 225
Buckhannon, West Virginia 26201
PH: (304) 472-6564
FAX: (304) 472-6590
Email:
Website: www.regionvii.com/
REGION VIII
Region VIII Planning and Development Council
Consisting of: Grant, Hampshire, Hardy, Mineral
and Pendleton Counties
Executive Director: Terry Lively
8 Grant County Industrial Park
P.O. Box 849
Petersburg, West Virginia 26847
PH: (304) 257-2448; (304) 257-1221
FAX: (304) 257-4958
Email:
Website:
www.regioneight.org/
REGION IX
Eastern Panhandle Regional Planning and Development Council
Consisting of: Berkeley, Jefferson and Morgan Counties
65
Executive Director: Carol A. Goolsby
Suite 301, 400 West Stephen Street
Martinsburg, West Virginia 25401
PH: (304) 263-1743
FAX: (304) 263-7156
Email:
Website:
www.region9wv.com
MPO – Hagerstown/Eastern Panhandle Metropolitan Planning Organization
Consisting of: Washington (MD), Franklin (PA), Berkeley (WV), and
Jefferson (WV) Counties
Contact: Matthew T. Mullenax
33 West Washington Street
Hagerstown, MD 21740
PH: 240-313-2080
FAX: 240-313-2084
Email:
Website:
www.hepmpo.net/
REGION X
Bel-O-Mar Regional Council and Interstate Planning Commission
Consisting of: Marshall, Ohio and Wetzel Counties and Belmont (OH)
County
Executive Director: Scott Hicks
105 Bridge Street Plaza
P.O. Box 2086
Wheeling, West Virginia 26003
PH: (304) 242-1800
FAX: (304) 242-2437
Email:
Website:
www.belomar.org
REGION XI
MPO - Brooke-Hancock-Jefferson Metropolitan Planning Commission
Consisting of: Weirton, WV and Steubenville, OH (Brooke and Hancock
Counties, WV and Jefferson County, OH) and
Region XI Brooke-Hancock Regional Planning and Development Council
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Consisting of : Brooke and Hancock Counties
Executive Director: Michael Paprocki
PO Box 82
Weirton, WV 26062-0082
PH: (304) 797-9666
FAX: (304) 282-1821
E
Website:
http://www.bhjmpc.org/
APPENDIX V: SECTION 5311 PROGRAM SAFETY REQUIREMENTS
A. All GRANTEES shall check, on an annual basis (and prior to hiring new drivers) the
driving record of each employee covered under the GRANTEE’s vehicle insurance policy
67
(as a vehicle operator). This check shall be made through the West Virginia Division of
Motor Vehicles. It is the GRANTEE’s responsibility to have safe, well qualified drivers. It
is the responsibility of the GRANTEE to maintain documentation verifying that annual
checks have been done.
B. All GRANTEES agree to require physicals for each employee covered as a vehicle
operator under the GRANTEE’s vehicle insurance policy. Physicals shall be conducted
annually. It is the responsibility of the GRANTEE to maintain documentation verifying
that this has been done.
C. All GRANTEES shall agree to develop and implement a written SSEPP plan. It is the
responsibility of the GRANTEE to review and update the plan.
D. All GRANTEES shall agree to develop and implement its own safety training program
which requires, on an annual basis, written documentation of eight (8) hours of
participation in safety training by the GRANTEE’s drivers. It is the responsibility of the
GRANTEE to maintain documentation verifying that this has been done.
E. At all times, the GRANTEE shall maintain radio/telephone contact with its drivers to the
maximum extent feasible.
F. All drivers of handicapped accessible vehicles shall be trained in the PASS Driver
Certification Program. New hires shall be trained in PASS within three (3) months of
their starting date.
G. GRANTEE shall cycle all vehicle lifts and check all tie-down mechanisms daily to insure
that they are kept in proper working order.
H. The GRANTEE shall conduct, prior to hire, a criminal background check on all new
drivers. It is the responsibility of the GRANTEE to maintain documentation verifying that
background checks have been done.
NOTE: It should be noted that it is the responsibility of the GRANTEE to insure compliance with
each requirement. Further, the DMTF-Public Transit during on-site visits to each system shall
review all records and requirements related to the Safety Program.