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HomeMy WebLinkAbout1995-119RESOLUTION NO. -95-119 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the Secretary of Transportation is authorized to make grants for a mass transportation program of projects and budgets; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs in the program; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that procedures shall be established and administered to ensure that equipment contracts, or consultant and other services meet these goals. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Indian River County Board of County Commissioners is authorized to execute and file applications on behalf of Indian River County with the U.S. Department of Transportation to aid in the financing of planning, capital and/or operating assistance projects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. 2. That the Indian River County Board of County Commissioners is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Indian River County Board of County Commissioners is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the program of projects and budget. 4. That Indian River County Board of County Commissioners is authorized to set forth and execute affirmative minority business policies in connection with program of projects and budget procurement needs. 5. That Indian River County Board of County Commissioners is authorized to execute grant agreements with the U.S. Department of Transportation for aid in the financing of the planning, capital and/or operating assistance program of projects and budget. RESOLUTION NO. 95-119 THIS RESOLUTION was moved for adoption by Eggert , and the motion was seconded by T1Qpin , and, upon being put to a vote, the vote was as follows: Chairman Kenneth R. Macht Aye Vice -Chairman Fran B. Adams Aye Commissioner John W. Tippin Ay Commissioner Richard N. Bird Commissioner Carolyn K. Eggert A-y� The Chairman thereupon declared the resolution duly passed and adopted this 19 day of September , 1995. BOARD OF NTY COMMISSIONERS INDIAN VER UNTY, �RIDA BY: Cenneth R. Macht, Chairman Board of County Commissioners ATTEST: Jeffrey K. Barton, Clerk State of Florida IS ,u��-ty of I Aian River I HEREBY CERTIFY tat on this day, before me, and officer duly authorized in this State and County to take acknowledgements, personally appeared KENNETH R. MACHT, and JEFFREY K. BARTON, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and offs ial seal in the County and State last aforesaid this ,:?O day of ems, , A.D., 1995. Notary Public PATRICIA M. RIDGEU CERTIFICATION MY COMMISSION r CC388000 EXPIRES June 27, 1998 �r BONNI)TIIRO MY FAINTNS"KE. INC The undersigned duly qualified and acting•`'4(,Indian River County Board of County Commissioner of Indian River County certifies that the foregoing is a true and correct copy of a reso ion adopted at a legally convened meeting of the Indian Rivo County Board of County Commissioners held on September 19, 19 5. Official Seal 'r\ gnatuxe InOIa�RIvc Ca �4[•, Gve O... "C)sIC Kenneth R. Macht Admin, Chairman, Board of Count Commissioners of Indian Budgel ,1 --� River County September 19, 1995 Risk Mgr, -p-,S - __ _-------- Date \u\r\mpo\c a. me BOARD OF COUNTY CONIMISSIONF RS 1840 25th Street, Vero Reach. Florida .72960 Telephone: (407)567-8000 September 20, 1995 Ms Susan E. Schruth, Regional Administrator Federal Transit Administration 1720 Peachtree Road, NW Suite 400 Atlanta, GA 30309 RE: Transmittal Letter Incorporating the Commitment of Local Share Dear Ms. Schruth: Please find enclosed the Indian River County Board of County Commissioners Section 9 Application for Capital and Operating Assistance. In 1.995-1996, Indian River County will provide $286,652 of local match for this grant in order to receive an additional $476,072 in FTA funding. A State Block Grant of $111,000, made available 1 July 1995, is included as match to this grant and will be used within the grant cycle - 1 October 1995 - 30 September 1996. Indian River County's Transportation recognizes Indian River County Council transit provider. The Board of County pass through the Section 9 Capital and expanded public transportation services. Community Coach Program has evolved inti resource. The tremendous growth of recognized by the Indian River C( Commissioners. Improvement Plan (TIP) on Aging as a public Commissioners intends to Operating Assistance for The Council on Aging's an invaluable community this program has been unty Board of County Therefore, we respectfully submit the enclosed grant application for Section 9 Capital and Operating Assistance in the amount of $762,724 ($476,072 Federal and $286,652 Local). Respectfully submitted, nneth t la W1 C airman, Board of` County Commissioners Indian River County Enclosures BOA RD OF COUNTY COMMISSIONERS 1840 25th Strret, Veru Reach, Florida 32960 Telephone: (407) 567-8000 September 20, 1995 Ms. Nancy Bungo Manager, Public Transportation Florida DOT 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Dear Ms. Bungo: Attached please find one original and two copies of the Indian River County Board of County commissioners application to the Federal Transit Administration for a Section 9 Grant. The application requests a grant of $476,072 and proposes a $286,652 local match. As indicated in the application, the County is requesting FY 95/96 Section 9 funds for a project beginning on 1 October 1995. The Section 9 funds, as well as the local match, are incorporated in the Indian River County MPO'S adopted FY 95/96 - 99/00 TIP. At this time, I request you review the enclosed application and forward it to the FTA for review and approval. Very, ruly Yours, Kenneth R. Mach Chairman, Board of County Commissioners Indian River County Enclosure BOARD OF CO UNT Y COMMISSIONERS /840 25th Street, Vero Beach, Florida .32960 Telephone: (407) 567-8000 September 18, 1995 Mr. Daniel M. Cary, Executive Director Treasure Coast Regional Planning Council 3228 SW Martin Downs Blvd, P.O. Box 1529 Palm City, Florida 34990 Dear Mr. Cary: Enclosed for your review, you will find three copies each of Indian River County Board of County Commissioners' Section 9 Grant Application for the period 1995 - 1996. Very Truly Yours, nnet R. Mach -t Chairman, Board of Indian River County Enclosures County Commissioners STATEMENT OF CONTINUED VALIDITY OF ONE-TIME SUBMISSION The following documents (and dates submitted to/acknowledged by UMTA) have been submitted to UMTA previously, continue to remain valid and accurate, and do not require revisions or updating: ( x] Standard Assurances/ Date: June 1 3. 1924 [ ] Public Transportation System Description Date: hoinn ringwbmitted [ ] List of Labor Unions/Date:June1994 [ ] Opinion of Counsel/Date: uJ ne 91994 ( ] Authorizing Resolution/Date: ( ] Designation of Recipient/Date: 0 e i n I rP, m1 ( x ] MPO Designation/Date: June 9 , 1994 [ X] State Agency Designation Date: June 9- 1594 ( x ] section 9 Certification/Date: June 13 , —Lag [ X] Charter Bus Agreement/Date : Ju n e _1.3 _, 1 9 9 4 [ x ] rimeary Non -procurement Debarment and Suspension Certification/Date: y, y [ X] DOT Title VI Assurance/Date: June 9. 1 9 9 4 [ X] UMTA Civil Rights Assurance/Date: June 9, 1994 [ X] Special Efforts Certification (effective until full accessibility under an area's 504 Plan is achieved) /Date: June 9. 1 9 9 4 [ x] 504 Assurance/Date: June 9, 1 9 9 4 The applicant understands and agrees that the use of UMTA funds approved for this project/program shall be consistent with the applicable sections of the Urban Mass Transportation Act of 1964, as amended, Sections 3, 3(a)(1)(C), 3(a)(1)(D), 4(i), 6, 8, 9, 9B, 10, 16(b)(2), 18, or 20, or 23 U.S.C. Sections 103(3)(4) and 142; pertinent Federal laws; and pertinent Federal rules, regulations and circulars/ and that the use of UMTA funds is subject to audit and review. Such funds shall be returned to UMTA if, after audit, it is found that they have been used improperly. Further, the applicant certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this statement and understands that the provisions of 31 U.S.C. Sec. .3801 et seq. are applicable thereto. The applicant's eligibility to receive UMTA grants, as originally certified in the Opinion of Counsel (or in Governor's Designation for State programs), remains in effect. Further, signature of the attorney is certification that there is no pen ng or threatened litigation or other action which might adversely affect the ility of h ntee to carry out the project/program. ttt� /� p i�u (�3,c l t -tib rr I@ Grhe K. a C pri a Off al/Date Attorney's S nature Chairman flL Date: September 19, 1995 Title of Authorized Official ATTENTION: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years, or both. 18 U.S.C., Section 1001 (1982), Ms Susan E. Schruth, Regional Administrator Federal Transit Administration 1720 Peachtree Road, NW Suite 400 Atlanta, GA 30309 Re: Section 9 Certification Dear Me Schruth: The Indian River County Board of County Commissioners certifies or affirms the truthfulness and accuracy of the contents of the statement submitted on or with this certification and understands that the provisions of 31 U.S.C. 3801 et seq. are applicable thereto. 95 The undersigned legal counsel for the Indian River County Board of County Commissioners hereby certifies that the Indian River County Board of County Commissioners has authority under State and local law to comply with the subject assurances and that the certification above has been legally made. T Zf 2 d'' Signatures Legal noel for the Indian River Gia y Board of County Commissioners This Memorandum of Agreement is between INDIAN RIVER COUNTY Hereby referred to as the "COUNTY," and the INDIAN RIVER COUNTY COUNCIL ON AGING, INC.,hereby referred to as "COUNCEL," the Community Transportation Coordinator, designated pursuant to Chapter 427 F.S. to serve the transportation disadvantaged for Indian River County. The County submitted on behalf of the Council an application for a Federal Transit Capital and Operating Assistance Formula Grant - Section 9. The grant is a total sum of $476,161 has been approved by the federal government. In order to facilitate the payment of these grant funds to the Council an agreement is necessary. This Agreement is made in consideration of the mutual benefits to both parties; said consideration acknowledged hereto by the parties as good and valuable consideration The parties agree: The Council shall: a. Comply with the provisions of 49 CFR Part 604 before they provide any charter service using equipment or facilities provided under the Federal Transit Act. b. Continue the Councils Community Coach, modified fixed route and paratransit programs. C. Increase service routes and availability of service. d. Continue to evaluate seasonal Saturday service. e. Increase hours of service. f. Work with the City of Vero Beach, County and Airport Officials to establish an Inter- modal Terminal at the Vero Beach Airport. g. Comply with all applicable Federal, State and local regulations. 2. The County shall: a. Reimburse the Council from federal funds received pursuant to the aforesaid grants. b. Bill the federal government monthly and shall promptly remit to Council monies received. Termination: If for any reason federal funds are terminated the County's responsibility shall also terminate. IN WITNESS WHEREOF, County and Council have entered into the agreement on the dates shown below. INDIAN RIVER COUNTY BO;en�ne. OF LINTY COMMISSIONERS 13y: V til ;e: cht. , Chairman INDIAN RIVER COUNTY COUNCIL ON AGING Arlene S. Fletcher, Executive Director Date. __ti��, -.,r>r 1 9 , 199 , ATTE STEN) 4�-�'-P-�-- �/ 4' )111- 5 APPENDIX A FTA CERTIFICATIONS AND ASSURANCES FOR FEDERAL FISCAL, YEAR 1996 Name of Applicant: Indian River Cottnly Board of County Commi_$$ioners Name and Relationship of Authorized Representative: Kenneth R. Macht. Chainnan By SIGNING BELOW I, Kenneth R. Mach t declare that the Applicant has duly authorized me to make these certifications and assurances on the Applicant's behalf and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal minimum regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 1996. FTA intends that the certifications and assurances the Applicant selects on the other side of this form as representative of the certifications and assurances in Appendix A should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 1996. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq, as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances and any other statements made by me on behalf of the Applicant are true and correct. — Date: a�/utPhorni'zt-e-d 4�5/cea/t'/ / / Rresentati e fApplicant 1 AFFIRMATION OF APPLICANT'S ATTORNEY for Indian River Collaly Board of Qounty Commissioners (Name of Applicant) As the undersigned legal counsel for the above named Applicant I hereby affirm that the Applicant has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or threatened that might adversely affect the validity of these certifications. and assurances, or of the performance of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statement. I will nottiify Applica d FTA. Date: �"" O ` (� b. l Date: C. The applicant's legal counsel is required to affmnn time legal capacity of the Applicant, except that an Applicant seeking only an FTA university and research training grant authorized by 49 U.S.C. 5312.(b) need not submit an Attomey's Affirmation. The attornev's Affirmation used for a previous FTA project generally may be used in Fiscal Year 1996, provided the Applicant's circumstances have not changed in a way that makes the certifications invalid and the Attorney's Allirmauons remains on file In the Applicant's offices readily available to FTA. ht that case„ line "b: should reniain blank and the name Authorized Representative si_os `a" ,umd "c" See introduction section. Note: FTA however, receives the right to require an attorney's signature on IrnC "b" FTA Ccr^trficatreams wid A,aNuiwiccs fiu Ycm 191.4i Appendix A FEDERAL FY 1996 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Applicant: Indian River Counly Bo rd of County CottLmis�ioners The Applicant agrees to comply with applicable requirements of Categories I -XIII. (The Applicant may make this selection in lieu of individual selections below) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant. (Both sides of this Signature Page must be appropriately completed and signed where indicated) FTA Certifications and Assurances for Fiscal Year 1996 (Previous Category II, Procurement, is now Category I, paragraph H.) X II. Lobbying Certification X III. Public Hearing Certification for Major Projects with Substantial Impacts —X — IV. Certification for the Purchase of Rolling Stock X V. Bus Testing Certification X VI. Charter Bus Agreement X VII. School Bus Agreement X VIII. Certification for Demand Responsive Service X IX. Substance Abuse Certifications Required by January 1, 1996 —X— X. Assurances Projects Involving Real Property X XI. Certifications for the Urbanized Area Formula Program ){ XII. Certifications for the Elderly and Persons with Disabilities Program X XIII. Certifications for the Nonurbanized Area Formula Program N/A (Both sides of this Signature Page must be appropriately completed and signed where indicated) FTA Certifications and Assurances for Fiscal Year 1996 Appendix A FEDERAL FY 1996 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE FTA Certifications and Assurances for Fiscal Year 1996 Name of Applicant: Indian River County Board of CounlySo_mmissioner� The Applicant agrees to comply with applicable requirements of Categories I -XIII. (The Applicant may make this selection in lieu of individual selections below) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant. (Previous Category II, Procurement, is now Category I, paragraph H.) —X— Il. Lobbying Certification —X— III. Public Hearing Certification for Major Projects with Substantial Impacts _X _ IV. Certification for the Purchase of Rolling Stock —X— V. Bus Testing Certification —X VI. Carter Bus Agreement —X— VII. School Bus Agreement —X— VIII. Certification for Demand Responsive Service _X IX. Substance Abuse Certifications Required by January 1, 1996 —X— X Assurances Projects Involving Real Property —X— X1. Certifications for the Urbanized Area Formula Program —X— XII. Certifications for the Elderly and Persons with Disabilities Program ,X_ XIII. Certifications for the Nonurbanized Area Formula Program —N/A— (Both sides of this Signature Page must be appropriately completed and signed where indicated) FTA Certifications and Assurances for Fiscal Year 1996