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HomeMy WebLinkAbout2009-327 Ado I AGREEMENT FOR FEDERAL TRANSIT GRANT ADMINISTRATION CONSULTING SERVICES by and between THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS And KEITH AND SCHNARS , P.A. THIS AGREEMENT, entered into this e day of 'A1 f , 200l by and between the Indian River County Board of County Commissioners , hereinafter referred to as the " County " and, Keith and Schnars , P . A . , hereinafter referred to as the " Consultant. " WITNESSETH THAT : WHEREAS , the County has entered into an agreement with the Federal Transit Administration, hereinafter referred to as the " FTA " providing for financial assistance for transit system capital and operational services ; and, WHEREAS , the County desires to engage the Consultant to render such assistance and advice necessary to complete the responsibilities of the County under the agreement. NOW, THEREFORE, the parties hereto do mutually agree as follows : I. SCOPE OF SERVICES The parties agree that the foregoing recitals are true, and they are incorporated into this Agreement by this reference . The Consultant shall provide oversight and advise the County in carrying out the scope of services in a satisfactory and proper manner. Said scope of services are attached to this Agreement as Attachment 1 and made a part thereof. II . ADDITIONAL RESPONSIBILITIES OF THE CONSULTANT 1 . The Consultant shall abide by all agreements between the County and the FTA. The executed Indian River County/FTA ARRA Section 5307 Grant is hereby made part of this document by reference as Attachment 2 while the Standard Federal Transit Administration Certifications and Assurances will be made part of this document by reference as Attachment 3 . 2 . The services rendered by the Consultant shall be commenced upon written notice from the County. 3 . The Consultant agrees that no work shall be undertaken or commenced prior to the execution date of the Agreement which shall be the date executed by the last party F1Community Development\Users\MPO\Transit\Admin BuildingTroj Admin Consultant\Contract.doc Page I hereto . 4 . The Consultant shall submit copies of all proposed changes to the project scope of services for review and approval by the County staff before authorization of any contract change order. After said review and approval by the County, changes shall not be effective unless in writing and properly executed by the parties . 5 . The Consultant shall comply with Title IV of the Civil Rights Act of 1964 (Public Law 88-352) and Title VI of the Act (42 USC 2000 D) in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex, age, political affiliation, or religious beliefs be subjected to discrimination under any program or activity which the Consultant has agreed to undertake by and through the covenants and provisions set forth in the agreement. 6 . The Consultant shall designate a representative to keep County staff informed as to all aspects of the project work. The name and address of consultant ' s designated representative is : Christopher W . Murphy, 628 Old Dixie Hwy SW. Vero Beach FL 32962 . 7 . The Consultant shall have all records and project work accessible for inspection and review by County staff at such time as is mutually agreeable to all parties . 8 . The Consultant shall keep and maintain financial , invoice, and employment records pertaining to the contractual obligation between the County and the Consultant for pre-audit and post-audit purposes for a period of three years following the completion of all project work, or until all claims and audit findings involving the records have been received, whichever is later. The County, the FTA, or any of their duly authorized representatives shall have access to any books , documents, papers, and records of the Consultant which are directly pertinent to that specific agreement, for the purpose of making audit, examination, excerpts , and transcription. 9 . The Consultant shall forward all documentation as it pertains to the project to the designated County Proj ect Manager. Name : Phillip Matson_ Address : Indian River County, 1801 27`1' Street, Vero Beach, FL 32960 . 10 . It is understood and agreed that all documents, including reports and other data prepared or obtained by the Consultant in connection with its services hereunder, shall be delivered to, and become the property of, the County prior to final payment to the Consultant. III. RESPONSIBILITIES OF THE COUNTY 1 . The County shall provide the Consultant access to appropriate records, documents, and other materials necessary to complete the project. FACommunity Development\Users\MPO\Transit\Admin Building\Proj Admin Consultant\Contract.doc Page 2 2 . The County Project Manager represents the County in all technical matters pertaining to the work and performance of this Agreement, whose responsibility shall include : a . Examination of all reports, surveys, and other documents presented by the Consultant and rendering, in writing, decisions pertaining thereto within a reasonable time so as not to materially delay the work of the Consultant. For purposes of this agreement, reasonable period of time will mean two weeks from receipt of applicable material . b . Transmission of instructions , receipt of information, interpretation and definition of County policies and decisions with regard to the work covered by this Agreement. C* Transmission of prompt written notice to the Consultant whenever the County observes or otherwise becomes aware of any defects or changes necessary in the project. IV. TIME OF PERFORMANCE The schedule for completion of the work will be approximately 30 months from the date of the Notice to Proceed. The period of performance of the contract will be dependent on the design and construction schedules of the project. At its discretion, the County may extend the time period of these services if such an extension is in the best interest of the County. V. TERMINATION The obligation to provide services under this Agreement will be terminated upon completion of all work as described in Attachment 1 , Scope of Services, and the Consultant has submitted all products to the County and all deliverables have been deemed satisfactory by the County. In addition, the obligation to provide services under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party . In the event that the agreement is terminated by either party prior to the Consultant's satisfactory completion of all Tasks listed in Attachment 1 , Scope of Services, the project will be deemed abandoned, and no compensation will be paid by the County to the Consultant for Tasks or portions thereof not yet satisfactorily completed . The County may unilaterally cancel this Contract for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with the Contract. VI. AUDIT RIGHTS The County reserves the right to audit the records of the Consultant related to this Agreement at any FACommunity Development\Users\MPO\Transit\Admin Building\Proj Admin Con sultant\Contract. doc Page 3 time during the execution of the work included herein and for a period of three years after final payment is made . Bills for fees or other compensation for services or expenses shall be submitted to the County in detail sufficient for a proper pre-audit and post audit thereof. VII. WARRANTY The Consultant warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other consideration, contingent upon or resulting from the award of making of this contract. For breach of violation of this warranty, the County shall have the right to annul this contract without liability. VIII. ENTIRE AGREEMENT This Agreement and its Attachments hereto embody the whole agreement of the parties, and there are no provisions, terms, conditions, or obligations other than those contained herein. This agreement shall supersede all previous communications, representations, or oral agreements between the parties, and no amendment hereto shall be effective unless reduced to writing and signed by the parties hereto . IX. INDEPENDENT CONTRACTOR It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subcontractors of the Consultant are in no way to be considered employees of the County, but are independent contractors performing solely under the terms of the Agreement and not otherwise . X. COMPENSATION AND METHOD OF PAYMENT The County shall pay to the Consultant professional fees not to exceed the total amount of $51 ,520 . Consultant will invoice the County monthly based on the percent of work completed during the preceding 30-day period. Each monthly invoice will document the work performed. The County Project Manager will determine if the work performed is consistent with the amount of theinvoice and will authorize payment as appropriate . XI. INSURANCE AND INDEMNIFICATION The Consultant shall not commence work on this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the County's representative . The Consultant shall indemnify and hold harmless the County, its officers and employees , from liabilities , damages , losses, and costs , including, but not limited to , reasonable attorneys ' fees , to the extent caused by the negligence, recklessness , or intentionally wrongful conduct of the consultant and other persons employed or utilized by the consultant in the performance of the contract. FACommunity Development\Users\MPO\Transit\Admin Building\Proj Admin Consultant\Contract.doc Page 4 The Consultant shall maintain during the term of this Agreement the following insurance : A. Business Automobile Liability Insurance covering all owned, non-owned and hired vehicles with minimum limits of liability of $ 1 ,000,000 per occurrence Combined Single Limit for bodily injury and property damage. B . Commercial General Liability Insurance for premises/operations, products/completed operations, contractual liability, and independent contractors with minimum limits of liability of $ 1 , 000 , 000 per occurrence Combined Single Limit for bodily injury and property damage . Co Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereinafter amended . The policy must include Employers Liability with a limit of $ 100,000 for each accident, $ 500,000 for disease (policy limit), and $ 100,000 for disease (employee limit) . All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. All such insurers must have an A. M . Best rating of no less than A+VII . The Consultant shall furnish certificates of insurance to the County prior to the commencement of operations, which certificates shall clearly indicate that the Consultant has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the County. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligations under this section or under any other portion of this Agreement. XII. PROHIBITED INTERESTS No member, officer, or employee of the County or of the member governments during his/her tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. This requirement also applies to any subcontract entered into by the Consultant concerning this project. ATTACHMENTS : Attachment 1 : Project Scope of Services Attachment 2 : Federal Transit Administration Section 5307 ARRA (American Recovery and Reinvestment Act of 2009) Capital and Operating Grant Attachment 3 : Standard 2010 Federal Certifications and Assurances FACommunity Development\Users\MPO\Transit\Admin Building\Proj Admin Consultant\Contract.doc Page 5 CONCLUSION It is mutually agreed between the County and Consultant that this Agreement, including all attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. IN WITNESS OF THE FOREGOING, the parties have read this Agreement and attachments to it and have affixed their signatures, effective on the date first appearing above . INDIAN RIVER COUNTY ATTEST : BOARD OF COUNTY COMMISSIONERS � l BY : C • BY: s� Peter D . O ' Bryan Fu .R d _ K , BARTON Chairman LL. ERK CIRCUIT C00T p ATTEST : KEITH AND SCHNARS, P.A. BY : lC(- �. BY : G�• 61 it Regional Manager Approved as to Form and Legal Sufficiency William G . Collins Fc.r County Attorney FACommunity Development\Users\MPO\Transit\Admin Building\Proj Admin Consultant\Contract.doc Page 6 SCOPE OF SERVICES PROJECT ADMINISTRATION CONSULTANT PROJECT REQUIREMENTS As noted above, the project involves administration services for the $ 2 , 052 , 940 capital portion of a mass transit grant awarded to the County by the Federal Transit Administration (FTA) as part of the American Recovery and Reinvestment Act. As an FTA recipient, the County is required to follow FTA regulations regarding procurement and contracting. Consequently, certain federal and state requirements (such as equal employment opportunity provisions) will apply to the contract for this project. Project Administration Services The specific tasks involved with this project include, but are not limited to : ■ Performing environmental reviews and requesting release of project funds . ■ Establishing the financial procedures for receiving funds and disbursing payments . ■ Assessing the local government' s compliance with federal regulations concerning procurement , employment, personnel and property management, records retention, ethics , and others . ■ Reviewing contractor bid documents . ■ Evaluating proposals and determining eligibility and compliance . ■ Reviewing contract documents . ■ Monitoring contractor performance and compliance with contract requirements . ■ Supervising all payment authorizations to ensure proper documentation and appropriate payments . ■ Maintaining all required files . ■ Producing and submitting required program reports . ■ Representing the local government during monitoring visits . Responding to monitoring reports . ■ Responding to questions and/or complaints from citizens . Attachment 1 FACommunity Development\Users\MPO\Transit\Admin BuildingTroj Admin Consultant\scope of services . doc 1 ■ Recommending policy and/or grant amendments . Taking necessary actions, such as advertising, conducting public hearings , and updating project environmental review files . ■ Performing program close-out activities , including submission of reports and provision of follow-up information. ■ Ensuring compliance with FTA requirements . ■ Other administrative tasks related to FTA Grants and procedures . ■ Develop FTA-compliant Statement of Work/Project Requirements Definition (PRD) and Project Management Plan (PMP) , as indicated in FTA Circular 5010 . 1D and FTA ' s Construction Project Management Handbook. ■ Obtain FTA approval of these documents before authorizing RFP process . ■ Coordinate FTA NEPA (National Environmental Policy Act) approval before authorizing final design . FACommunity Development\Users\MPO\Transit\Admin Building\Proj Admin Consultant\scope of services. doc 2 View Print Page 1 of 14 DOT FTA U . S . Department of Transportation Federal Transit Administration Application Recipient ID : 5630 Recipient Name : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Project ID : FL-96-X018 -01 Budget Number: 12 - Budget Pending Approval Project Information : ARRA Transit Admin Building & OA (01 ) Part 1 : Recipient Information Project Number: FL-96 -X018-01 Recipient ID: 5630 Recipient Name : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Address : 1801 27TH STREET , VERO BEACH , FL 32960 3365 Telephone : (772 ) 226- 1455 Facsimile : (772 ) 978- 1806 Union Information Recipient ID : 5630 Union Name : NO UNIONS Address 1 : Address 2 : City : Contact Name : No Union Telephone : Facsimile : E-mail : Website : Part 2 : Project Information Project Type : Grant Gross Project $ 0 Cost: Attachment 2 https : Hftateamweb . fta. dot . gov/teamweb/ApplicationsNiewPrintNiewPrintRes . asp ? GUID= . . . 1 /6/2010 View Print Page 2 of 14 Project Number: FL-96-X018-01 Adjustment Amt: $ 0 Project Description : ARRA Transit Admin Building Total Eligible Cost: $ 0 & OA (01 ) Total FTA Amt: $0 Recipient Type : County Agency Total State Amt: $ 0 FTA Project Mgr: Ted Schmidt 404-865-5643 Total Local Amt: $0 Recipient Contact: Phil Matson , 772 -226-1455 Other Federal New/Amendment: Amendment Amt: $ 0 Amend Reason : Other Special Cond Amt: $0 Fed Dom Asst . #: 20507 Special Condition : None Specified Sec. of Statute : 53074 S . C . Tgt. Date: None Specified State Appl . ID : None Specified S . C . Eff, Date : None Specified Start/End Date : Jul . 01 , 2009 - Dec . 31 , 2010 Est. Oblig Date : None Specified Recvd . By State : Oct. 14 , 2009 Pre-Award Yes EO 12372 Rev : NO Authority? : Review Date : None Specified Fed . Debt No p Authority? : Planning Grant? : NO Final Budget? : No Program Date ( STIP/UPWP/FTA Apr. 15 , 2009 Prm Plan ) : Program Page : 8-8 Application Type : Electronic Supp . Agreement? : Yes Debt . Delinq , Details : Urbanized Areas UZA ID UZA Name 123920 VERO BEACH --SEBASTIAN , FL Congressional Districts State ID District Code District Official 12 15 Bill Posey Proiect Details Amendment # 1 ( 10-21 -09 ) ALI 30 . 09 . 01 ( Operating Assistance) has been added to this grant and allocated $228 , 104 . ALI 11 . 43 . 01 reduced by $228 , 104 . Cost reduction to be achieved via design modification and other cost saving measures . The funds for 30 . 09 . 01 (Operating ) were taken from 11 . 43 . 01 for the following reasons . First, design modifications (including a possible reduction in building size) can be used to reduce construction costs . In https : //ftateamweb . fta. dot. gov/teamweb/Applications/V iewPrint/ViewPrintRes . asp ?GUID= . . . 1 /6/2010 View Print Page 3 of 14 addition , construction costs have been declining due to the state of the local economy (the local unemployment rate exceeds 15 % ) . If necessary , other funding sources ( such as other grants or local funds) will be utilized to off-set any shortfalls . FDOT Split Letter and STIP Administrative Modification are attached in TEAM . This grant will be used to fund construction of a new transit administration building for Indian River Transit and will also be used to continue system operations in a climate of declining local revenues . The project' s budget amount $ 2 , 281 , 044 is sufficient to complete the facility' s design and construction . The project budget includes $210 , 558 for engineering and design . In addition to these funds , an additional $204 , 574 has been set aside for this facility in Project # FL-90-X500-00 . Indian River Transit provides approximately 600 , 000 fixed route trips/year on 11 fixed routes and the number of riders is expected to increase approximately 2 . 4%/year through 2013 ( Indian River County Transit Development Plan , 2008 ) . To meet this increase , Indian River Transit will provide service improvements identified in the adopted TDP . Among the planned improvements are early evening service on select routes ; new routes to Barefoot Bay , Fellsmere , and Ft. Pierce ; and expansions to Indian River Transit' s existing routes. The Indian River Transit fleet has nearly doubled in the last ten years and will likely grow by 25 % to more than 60 vehicles in the next five years. In addition , the population of Indian River County is anticipated to grow by over 2 % annually through 2030 . Of Indian River County' s 140 , 000 persons , roughly 73 , 000 , or 52 % , have been identified as category one or category two transportation disadvantaged persons ( Indian River County Transportation Disadvantaged Service Plan , 2008 ) , indicating that the demand for demand -response services is high and will also increase in the future . To meet these needs , Indian River Transit currently operates out of approximately 5 , 000 square feet located in a multi-purpose facility . That facility has suffered severe hurricane damage in the past and has been temporarily rebuilt but is rapidly reaching obsolescence . There have been no expansions to the facility in over ten years . Its fleet of buses is parked alongside the general public creating severely congested and potentially dangerous conditions at the site . In addition , the site is not presently secured and cannot be without impairment to the operation of other client-sensitive activities . Ten percent ( 10 % ) of the grant will also be used to supplant local operating expenses , which have been difficult in a climate of declining local revenues . If approved , the project will enable Indian River Transit to continue its service at optimal levels , while complying with USDOT regulations on safety and security in public transportation operations . The project site is currently owned by Indian River County and has been leased to the Senior Resource Association , Inc . ( SRA) for the purpose of operating a transit administrative facility . SRA is both the county ' s designated Community Transportation Coordinator ( CTC) and transit service provider. On March 17 , 2009 , the Board of County Commissioners approved a 40-year lease of the subject property . The facility will be used to house SRA transit staff. Indian River County acknowledges that no contractors who have been debarred or suspended shall be hired for this project. Indian River County acknowledges awareness of the third -party procurement requirements as stipulated in FTA Circular 4220 . 1 F . Indian River County acknowledges and accepts all Special Conditions associated with ARRA funding . Recipient Contact: Phil Matson pmatson@ircgov . com 772-226- 1455 https : Hftateamweb . fta. dot. gov/teamweb/ApplicationsNiewPrint[VlewPnntRes . asp ?GUID= . . . 1 /6/2010 View Print Page 4 of 14 Earmarks No information found . Security Yes — We will expend 1 % or more of the 5307 funds in this grant application for security purposes . Please list security-related projects in the project budget and summarize them in the non-add scope code 991 . Part I Budget Project Budget uanti FTA Amount Tot. Elig . Cost SCOPE 114-00 BUS : SUPPORT EQUIP AND 0 $ 210521940 . 00 $2 , 052 , 940 . 00 FACILITIES ACTIVITY 11 .41 .01 ENG/DESIGN - ADMIN 0 $210 , 558 . 00 $210 , 558 . 00 FACILITY 11 .43 .01 CONSTRUCT - 0 $ 1 , 842 , 382 . 00 $ 1 , 842 , 382 . 00 ADMINISTRATIVE BUILDING SCOPE 30040 OPERATING ASSISTANCE 0 $228 , 104 . 00 $228 , 104 . 00 ACTIVITY 30 .09 .01 UP TO 100% FEDERAL 0 $228 , 104 . 00 $228 , 104 . 00 SHARE Estimated Total Eligible Cost: $2 , 281 ,044.00 Federal Share . $ 2 ,281 ,044.00 Local Share : OTHER ( Scopes and Activities not included in Proiect Budget Totals) None SOURCES OF FEDERAL FINANCIAL ASSISTANCE Accounting Previously Amendment Total UZA ID Classification FPC FY SEC Approved Amount 123920 2009 . 26 . 96 . 91 . 1 00 2009 96 $2 , 281 , 044 . 00 $ 0 . 00 $ 2 , 281 , 044 . 00 https : //ftateamweb . fta. dot . gov/teamweb/Applications/V iewPrint/V iewPrintRes . asp?GUID = . . . 1 /6/2010 View Print Page 5 of 14 Total Previously Approved : $ 2 , 281 ,044 . 00 Total Amendment Amount: $ 0 . 00 Total from all Funding Sources : $ 2 ,281 ,044.00 Alternative Fuel Codes Extended Budget Descriptions 114-00 BUS : SUPPORT EQUIP AND FACILITIES 1 0 $2 , 052 , 940 . 00 $2 , 052 , 940 . 00 11 .41 .01 ENG/DESIGN - ADMIN FACILITY 101 $210 , 5580001 $210 , 558 . 00 Indian River County will design an administrative facility with secured vehicle parking on county owned property adjacent to other county buildings . The county will contract architectural and engineering services for the facility' s design . The anticipated useful life of the facility is 50 years . 11 w41011 CONSTRUCT - ADMINISTRATIVE BUILDING 0 $ 1 , 842 , 382 . 00 $ 1 , 842 , 382 . 00 Amendment #1 ( 10-21 -09) At the time of application , we intended to use the Design/Build method . Since then , we have switched to the Design/Bid/Build method . Please see the Milestones/Progress Report that was filed prior to Oct 10 , 2009 . In that MPR , the milestone dates were revised to reflect a Design/Bid/Build timeline . This ALI reduced by $228 , 104 . Cost reduction to be achieved via design modification and other cost saving measures . Indian River County will construct an administrative facility with secured vehicle parking on county owned property adjacent to other county buildings . The facility will be constructed by a general contractor secured by bid . The anticipated useful life of the facility is 50 years . 30 . 09 . 01 UP TO 100 % FEDERAL SHARE 101 $228 , 104 . 00 $228 , 104 . 00 Amendment # 1 - 10/ 12/2009 10% ARRA operating assistance as permitted by HR 2346 . These funds will cover operating expenses from July 1 , 2009 to September 30 , 2010 . Changes since the Prior Budget https : //ftateamweb . fta. dot . gov/teamweb/Applications/V iewPrintNiewPrintRes . asp ? GUID= . . . 1 /6/2010 View Print Page 6 of 14 FTA Change Amounts Code Description Previous FTA Change in FTA Current FTA Total Total Total 114 -00 BUS : SUPPORT EQUIP AND $ 2 , 281 , 044 -$2281104 $ 2 , 052 , 940 FACILITIES OWNS 11 . 41 . 01 ENG/DESIGN - ADMIN FACILITY $210 , 558 $ 0 $210 , 558 11 . 43 . 01 CONSTRUCT - ADMINISTRATIVE $ 2 , 070 , 486 42281104 $ 1 , 842 , 382 BUILDING 300 -00 OPERATING ASSISTANCE $0 $228 , 104 $228 , 104 30 . 09 . 01 UP TO 100 % FEDERAL SHARE $0 $228 , 104 $228 , 104 Eligible Change Amounts Code Description Previous Eli iq ble Change in Eligible Current Eligible 114 -00 BUS : SUPPORT EQUIP AND $2 , 281 , 044 -$2281104 $2 , 052 , 940 FACILITIES 11 . 41 . 01 ENG/DESIGN - ADMIN FACILITY $210 , 558 $0 $210 , 558 11 . 43 . 01 CONSTRUCT ADMINISTRATIVE $ 2 , 0701486 -$2281104 $ 1 , 842 , 382 BUILDING 300-00 OPERATING ASSISTANCE $0 $2281104 $228 , 104 30 . 09 . 01 UP TO 100 % FEDERAL SHARE $0 $228 , 104 $228 , 104 Change in Quantity Code Description Previous Quantity Changein Current Quantity Quanti MEN 114 -00 BUS : SUPPORT EQUIP AND 0 0 0 FACILITIES 11 . 41 . 01 ENG/DESIGN - ADMIN FACILITY 0 0 0 ENEEMEN 010001110011 11 . 43 . 01 CONSTRUCT - ADMINISTRATIVE 0 0 0 BUILDING 300 -00 OPERATING ASSISTANCE 0 0 0 30 . 09 . 01 UP TO 100 % FEDERAL SHARE 0 01 0 Change in Project Control Totals Description Previous Amount Change in Amount Current Amount Gross Project Cost: $ 2 , 281 , 044 $0 $2 , 281 , 044 Adjustment Amount : $ 0 $ 0 $0 Total Eligible Cost: $2 , 281 , 044 $ 0 $2 , 281 , 044 Total FTA Amount: $ 21281 , 044 $ 0 $21281 , 044 Total State Amount: $0 $ 0 $ 0 https : Hftateamweb . fta. dot. gov/teamweb/Applications/ViewPrintfviewPrintRes , asp ?GUID= . . . 1 /6/2010 View Print Page 7 of 14 Total Local Amount. $ 0 $ 0 $ 0 Other Federal Amount : $ 0 $0 $ 0 Special Condition Amount : $0 $ 0 $ 0 Part 4 . Milestones 11 .41 .01 ENG/DESIGN - ADMIN FACILITY 0 $210 , 558 $2101558 Milestone Description Est , Comp . Date 1 . RFP/IFB Issued Sep . 30 , 2009 2 . Contract Award Dec. 01 , 2009 3 . Contract Complete Dec. 31 , 2010 11 .43 .01 CONSTRUCT - ADMINISTRATIVE 0 $ 1 , 842 , 382 $ 1 , 842 , 382 BUILDING Milestone Description Est . Comp. Date 1 , RFP/IFB Issued Mar. 31 , 2010 2 . Contract Award May. 31 , 2010 3 . Contract Complete Dec. 31 , 2010 30 . 09 .01 UP TO 100 % FEDERAL SHARE 0 $228 , 104 $228 , 104 Milestone Description Est . Comp . Date 1 . Initial Expenditure Dec. 31 , 2009 2 , Final Expenditure Sep . 30 , 2010 Part 5 . Environmental Findings 11400 BUS : SUPPORT EQUIP AND 0 $ 2 , 052 , 940 $2 , 052 , 940 FACILITIES Finding No . 1 - Class II (d ) D08 - Construction of new bus storage Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic, https : //ftateamweb . fta. dot . gov/teamweb/ApplicationsNiewPrint/ViewPrintRes . asp ? GUID= . . . 1 /6/2010 View Print Page 8 of 14 Finding Details: Proposed transit administration and bus parking facility is located in an industrial-zoned area. Nearby streets have sufficient capacity available to accommodate anticipated bus and support vehicle traffic. Phase I Environmental Site Assessment performed by Geosyntec . The findings and conclusions of the Phase I ESA did not reveal evidence of any recognized environmental conditions ( REC ) . No further environmental study required . 114101 ENG/DESIGN - ADMIN FACILITY 0 $210 , 558 $210 , 558 Finding No . 1 - Class II ( d ) D08 - Construction of new bus storage Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. Finding Details : Proposed transit administration and bus parking facility is located in an industrial-zoned area . Nearby streets have sufficient capacity available to accommodate anticipated bus and support vehicle traffic. Phase I Environmental Site Assessment performed by Geosyntec. The findings and conclusions of the Phase I ESA did not reveal evidence of any recognized environmental conditions ( REC ) . No further environmental study required . 114301 CONSTRUCT - ADMINISTRATIVE 0 $ 1 , 842 , 382 $ 1 , 842 , 382 BUILDING Finding No . 1 - Class II (d ) D08 - Construction of new bus storage Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic. Finding Details : Proposed transit administration and bus parking facility is located in an industrial-zoned area . Nearby streets have sufficient capacity available to accommodate anticipated bus and support vehicle traffic. Phase I Environmental Site Assessment performed by Geosyntec. The findings and conclusions of the Phase I ESA did not reveal evidence of any recognized environmental conditions ( REC ) . No further environmental study required . 300901 UP TO 100 % FEDERAL SHARE 0 $ 228 , 104 $228 , 104 Finding No . 1 - Class II ( c) C16 - Program Admin . & Operating Assistance Program administration , technical assistance activities , and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand . https : //ftateamweb . fta. dot . gov/teamweb/ApplicationsNiewPrintNiewPrintRes . asp ?GUID= . . . 1 /6/2010 View Print Page 9 of 14 Finding Details : Categorically excluded . Part 7 . FTA Comments Conditions of Award Comment Title : ARRA Special Conditions Comment By : Robert F Buckley Date Created : Aug . 26 , 2009 Date Updated : None Specified Ref Section : Unknown Comment: The Recipient agrees that the following provisions apply to American Recovery and Reinvestment Act of 2009 ( Recovery Act) funds authorized under Pub . L . 111 -5 , February 17 , 2009 , and agrees to comply with the requirements thereof, except to the extent FTA determines otherwise in writing : a . Identification of Recovery Act Funding . A Grant Agreement or Cooperative Agreement financed with Recovery Act funds will indicate that the Recovery Act is the source of funding as follows : ( 1 ) If the " Citation of Statute (s) Authoring Project" of the underlying Grant Agreement displays "49 USC 5307 — Urbanized Area - Economic Recovery , " the Project or Projects are financed with Recovery Act funds appropriated for the Transit Capital Assistance for the Urbanized Area Formula Grant Program authorized by 49 U . S . C . § 5307 . b . Identification of Project( s ) . The Project or Projects for which Recovery Act funding is provided are set forth in the Recipient' s application and reflected in the Approved Project Budget. c. Federal Requirements . In addition to applicable Recovery Act statutory and regulatory requirements , the Recipient agrees that applicable requirements of 49 U . S . C . chapter 53 apply to federally assisted transit projects financed with Recovery Act funds and the Recovery Act funding , except that the Federal share of the costs for which any Grant is made under this heading shall be , at the option of the recipient, up to 100 percent. d . U . S . OMB Provisions . The Recipient agrees to comply with applicable provisions of U . S . Office of Management and Budget, Requirements for Implementing Sections 1512 , 1605 , and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards , 2 C . F . R . Part 176 , 74 Fed , Reg . 18449 et seq . , April 23 , 2009 . Specifically , the Recipient acknowledges and agrees to comply with the following provisions ( 1 ) Reporting and Registration Requirements under Section 1512 of the Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award . Information from these reports will be made available to the public. ( b) The Recipient agrees to submit the requisite reports no later than ten calendar days after each calendar quarter in which it receives the Federal assistance award funded in whole or in part by the Recovery Act. (c) The Recipient agrees to maintain , and to require its first-tier subrecipients to maintain , current registrations in the Central Contractor Registration ( http : //www , ccr. gov) at all times during which they have active federal awards funded with Recovery Act funds . A Dun and Bradstreet Data Universal Numbering System ( DUNS) Number ( http : //www . dnb . com ) is one of the requirements for registration in the Central Contractor Registration . (d ) The recipient agrees to report the information described in section 1512 ( c) of the Recovery Act using the reporting instructions and data elements that will be provided online at http : //www, FederalReporting . gov and ensure that any information that is pre- filled is corrected or updated as needed . (2 ) Buy America Requirements under Section 1605 of the Recovery Act , Statutory https : //ftateamweb . fta. dot . gov/teamweb/Applications/ViewPrint/ViewPrintRes . asp ?GUID= . . . 1 /6/2010 View Print Page 10 of 14 provisions of 49 U . S . C . Chapter 53 impose Buy America requirements sufficient for compliance with Section 1605 of the Recovery Act (3 ) Wage Rate Requirements under Section 1606 of the Recovery Act. Statutory provisions of 49 U . S . C . Chapter 53 impose Wage Rate requirements involving construction , alteration , maintenance , or repair sufficient for compliance with Section 1606 of the Recovery Act. (4 ) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients . (a ) To maximize the transparency and accountability of funds authorized under the Recovery Act as required by Congress and in accordance with 49 C . F . R . § 18 . 20 or 49 C . F . R . § 19 . 21 , as applicable , the Recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds . ( b) A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A- 133 , "Audits of States , Local Governments, and Non- Profit Organizations , " agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF- SAC ) required by OMB Circular A- 133 . The Recipient agrees to accomplish this by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix ARRA- in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC . (c) The Recipient agrees to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds , the Federal award number , CFDA number, and amount of Recovery Act funds . When the Recipient awards Recovery Act funds for an existing program , the Recipient agrees to furnish sufficient information to each subrecipient that distinguishes the subawards of incremental Recovery Act funds from regular subawards under the existing program . (d ) The Recipient agrees to require each subrecipient to include on its SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above . This information is needed to allow the Recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by FTA, DOT , Offices of Inspector General and the Government Accountability Office . e . One-Time Funding , The Recipient acknowledges that receipt of Recovery Act funds is a " one-time" disbursement that does not create any future obligation by the FTA to advance similar funding amounts . f. Integrity . The Recipient agrees that all data it submits to FTA in compliance with Recovery Act requirements will be accurate , objective , and of the highest integrity . g . Violations of Law . The Recipient agrees that it and each of its subrecipients shall report to the U . S . DOT Inspector General or other appropriate Inspector General any credible evidence that a principal , employee , agent, contractor, subrecipient, subcontractor, or other person has submitted a false claim under the False Claims Act, 31 U . S . C . § § 3729 et seq . , or has committed a criminal or civil violation of law pertaining to fraud , conflict of interest, bribery , gratuity , or similar misconduct involving Recovery Act funds . h . Maintenance of Effort. A Recipient that is a State agrees to comply with the maintenance of effort certification it has made in compliance with Section 1201 of Recovery Act. i . Emblems . The Recipient agrees to use signs and materials that display both the American Recovery and Reinvestment Act ( Recovery Act) emblem and the Transportation Investment Generating Economic Recovery (TIGER) program emblem to identify its Project( s) financed with Recovery Act funds that are provided by U . S . DOT in a manner consistent with Federal guidance , and to include this provision in any subagreements , leases , third party contracts , or other similar documents used in connection with its Recovery Act Project(s) . j . Further Requirements , The Recipient agrees to comply with applicable future Federal requirements that may be imposed on the use of Recovery Act funds . Comments to DOL https : //ftateamweb . fta. dot. gov/teamweb/ApplicationsNiewPrint/ViewPrintRes . asp ?GUID= , , . 1 /6/2010 View Print Page 11 of 14 Comment Title : Section 5333 ( b) Certification Comment By : Robert F Buckley Date Created : Aug . 26 , 2009 Date Updated : None Specified Ref Section : Unknown Comment: This grant amendment is to apply for the eligible 10 % operating assistance . Please review this application for labor certification in accordance with DOL Section 5333 ( b) Certification . The grantee contact is Phil Matson and can be reached at 772-226 - 1455 or pmatson@ircgov . com . Part 9 : Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT (FTA G-16 , October 1 , 2009 ) On the date the authorized U . S . Department of Transportation , Federal Transit Administration ( FTA) official ' s electronic signature is entered for this Grant Agreement, FTA has Awarded Federal assistance in support of the Project described below. Upon Execution of this Grant Agreement by the Grantee named below , the Grantee affirms this FTA Award , and enters into this Grant Agreement with FTA. The following documents are incorporated by reference and made part of this Grant Agreement: ( 1 ) \" Federal Transit Administration Master Agreement,\" FTA MA( 16 ) , October 1 , 2009 , hftp : //www. fta . dot, gov/documents/ 16-Master. pdf (2 ) The Certifications and Assurances applicable to the Project that the Grantee has selected and provided to FTA, and ( 3 ) Any Award notification containing special conditions or requirements , if issued . FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING THE DATE OF THIS FTA AWARD SET FORTH HEREIN . FTA AWARD FTA hereby awards a Federal grant as follows : Proiect No: FL-96 -X018-01 Grantee : INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Citation of Statute ( s) Authorizing Project: 49 USC 5307 - Urbanized Area Formula - Economic Recovery Estimated Total Eligible Cost ( in U . S . Dollars ) : $2 , 281 , 044 Maximum FTA Amount Awarded [Including All Amendmentsl ( in U . S . Dollars) : $2 , 281 , 044 Amount of This FTA Award ( in U . S . Dollars) : $ 0 Maximum Percenta -ge ( s) of FTA Participation : https : //ftateamweb . fta . dot. gov/teamweb/ApplicationsNiewPrintNiewPrintRes . asp?GUID= . . . 1 /6/2010 View Print Page 12 of 14 Percentages of Federal participation are based on amounts included in the Approved Project Budget, modified as set forth in the text following the Project Description , U . S . Department of Labor Certification of Public Transportation Employee Protective Arrangements : Original Project Certification Date : 6/ 11 /2009 Amendment 1 Certification Date : 10/ 16/2009 Project Description : ARRA Transit Admin Building & OA ( 01 ) The Project Description includes information describing the Project within the Project Application submitted to FTA , and the Approved Project Budget, modified by any additional statements displayed in this Grant Agreement, and , to the extent FTA concurs , statements in other documents including Attachments entered into TEAM-Web . The Recipient agrees that the following provisions apply to American Recovery and Reinvestment Act of 2009 ( Recovery Act) funds authorized under Pub . L . 111 -5 , February 17 , 2009 , and agrees to comply with the requirements thereof, except to the extent FTA determines otherwise in writing : a . Identification of Recovery Act Funding . A Grant Agreement or Cooperative Agreement financed with Recovery Act funds will indicate that the Recovery Act is the source of funding as follows : ( 1 ) If the " Citation of Statute (s) Authoring Project" of the underlying Grant Agreement displays "49 USC 5307 — Urbanized Area - Economic Recovery , " the Project or Projects are financed with Recovery Act funds appropriated for the Transit Capital Assistance for the Urbanized Area Formula Grant Program authorized by 49 U . S . C . § 5307 . b . Identification of Project(s) . The Projector Projects for which Recovery Act funding is provided are set forth in the Recipient' s application and reflected in the Approved Project Budget. c . Federal Requirements . In addition to applicable Recovery Act statutory and regulatory requirements , the Recipient agrees that applicable requirements of 49 U . S . C . chapter 53 apply to federally assisted transit projects financed with Recovery Act funds and the Recovery Act funding , except that the Federal share of the costs for which any Grant is made under this heading shall be , at the option of the recipient, up to 100 percent. d . U . S . OMB Provisions . The Recipient agrees to comply with applicable provisions of U . S . Office of Management and Budget, " Requirements for Implementing Sections 1512 , 1605 , and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards , " 2 C . F . R . Part 176 , 74 Fed . Reg . 18449 et seq . , April 23 , 2009 . Specifically , the Recipient acknowledges and agrees to comply with the following provisions ( 1 ) Reporting and Registration Requirements under Section 1512 of the Recovery Act. (a) This award requires the recipient to complete projects or activities which are funded under the Recovery Act and to report on use of Recovery Act funds provided through this award . Information from these reports will be made available to the public . ( b) The Recipient agrees to submit the requisite reports no later than ten calendar days after each calendar quarter in which it receives the Federal assistance award funded in whole or in part by the Recovery Act. (c) The Recipient agrees to maintain , and to require its first-tier subrecipients to maintain , current registrations in the Central Contractor Registration ( http: //www , ccr. gov) at all times during which they have active federal awards funded with Recovery Act funds . A Dun and Bradstreet Data Universal Numbering System ( DUNS) Number ( http : //www . dnb . com) is one of the requirements for registration in the Central Contractor Registration . (d ) The recipient agrees to report the information described in section 1512 (c) of the Recovery Act using the reporting instructions and data elements that will be provided online at http : //www, FederaiReporting . gov and ensure that any information that is pre-filled is corrected or updated as needed . (2 ) Buy America Requirements under Section 1605 of the Recovery Act. Statutory provisions of 49 U . S . C . Chapter 53 impose Buy America requirements sufficient for compliance with Section 1605 of the Recovery Act ( 3 ) Wage Rate Requirements under Section 1606 of the Recovery Act . Statutory provisions of 49 U . S . C . Chapter 53 impose Wage Rate requirements involving construction , alteration , maintenance , or repair sufficient for compliance with Section 1606 of the Recovery Act . (4) Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients . (a) To maximize the transparency and accountability of funds authorized under the Recovery Act as required by Congress and in accordance with 49 C . F . R . § 18 . 20 or 49 C . F . R . § 19 . 21 , as applicable , the Recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds . https : //ftateamweb . fta. dot. gov/tearnweb/ApplicationsNiewPrintNiewPrintRes . asp?GUID= . . . 1 /6/2010 View Print Page 13 of 14 ( b ) A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A- 133 , "Audits of States , Local Governments , and Non- Profit Organizations , " agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form ( SF-SAC) required by OMB Circular A- 133 . The Recipient agrees to accomplish this by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA , and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC . ( c) The Recipient agrees to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds . When the Recipient awards Recovery Act funds for an existing program , the Recipient agrees to furnish sufficient information to each subrecipient that distinguishes the subawards of incremental Recovery Act funds from regular subawards under the existing program . ( d ) The Recipient agrees to require each subrecipient to include on its SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above . This information is needed to allow the Recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by FTA, DOT, Offices of Inspector General and the Government Accountability Office . e . One-Time Funding . The Recipient acknowledges that receipt of Recovery Act funds is a " one-time" disbursement that does not create any future obligation by the FTA to advance similar funding amounts , f. Integrity . The Recipient agrees that all data it submits to FTA in compliance with Recovery Act requirements will be accurate , objective , and of the highest integrity . g . Violations of Law. The Recipient agrees that it and each of its subrecipients shall report to the U . S . DOT Inspector General or other appropriate Inspector General any credible evidence that a principal , employee , agent, contractor, subrecipient, subcontractor, or other person has submitted a false claim under the False Claims Act, 31 U . S . C . §§ 3729 et seq . , or has committed a criminal or civil violation of law pertaining to fraud , conflict of interest, bribery , gratuity , or similar misconduct involving Recovery Act funds . h . Maintenance of Effort. A Recipient that is a State agrees to comply with the maintenance of effort certification it has made in compliance with Section 1201 of Recovery Act. i . Emblems . The Recipient agrees to use signs and materials that display both the American Recovery and Reinvestment Act ( Recovery Act) emblem and the Transportation Investment Generating Economic Recovery (TIGER) program emblem to identify its Project(s) financed with Recovery Act funds that are provided by U . S . DOT in a manner consistent with Federal guidance , and to include this provision in any subagreements, leases , third party contracts , or other similar documents used in connection with its Recovery Act Project(s) . j . Further Requirements . The Recipient agrees to comply with applicable future Federal requirements that may be imposed on the use of Recovery Act funds . Awarded By : Tom Thomson Deputy Regional Administrator FEDERAL TRANSIT ADMINISTRATION U . S . DEPARTMENT OF TRANSPORTATION 11 /0512009 --- Page 1 -- < SPAN style=""font-size : " Arial\? font-family : bold ; font-weight: black; color: 10pt; > UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION SUPPLEMENTAL AGREEMENT (Attachment to FTA G- 16 , October 1 , 2009 ) <SPAN style= " " font- size : " Arial\? font-family : black ; color : 10pt ;> It is the practice of the Federal Transit Administration to enter into a formal agreement with the Designated Recipient for projects that the Designated Recipient does not carry out directly . Under this Grant Agreement, the Grant Recipient is not the Designated Recipient. Therefore , the Designated Recipient hereby agrees to permit the Grant Recipient under this Grant Agreement to receive and https : //ftateamweb . fta. dot . gov/teamweb/ApplicationsNiewPrintNiewPrintRes . asp ?GUID= . . . 1 /6/2010 View Print Page 14 of 14 dispense the Federal assistance funds described in this Grant Agreement. The Designated Recipient further agrees that the Grant Recipient shall assume all responsibilities set forth in this Grant Agreement . The Federal Government and the Grantee under this Grant Agreement hereby agree that the Designated Recipient is not in any manner subject to or responsible for the terms and conditions of this Grant Agreement and is a party to this Grant Agreement only to assign the right to receive and dispense Federal funds to the Grantee as described above . https : //ftateamweb . fta. dot . gov/teamweb/ApplicationsNiewPrintNiewPrintRes . asp ?GUID = . . . 1 /6/2010 Federal Register / Vol. 74 , No . 200 / Monday , October 19 , 2009 / Notices 53577 APPENDIX A FEDERAL FISCAL YEAR 2010 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE f Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) AFFIRMATION OF APPLICANT Name of Applicant: �f1 i `` K �� �� '�► Name and Relationship of Authorized Representative: BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant' s compliance. Thus, the Applicant agrees to comply with all Federal statutes and regulations, and follow applicable Federal directives, and comply with the certifications and assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2010. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in this document, should apply, as provided, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2010. 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 Program Fraud Civil Remedies Act of 1986, 31 U.S .C. 3801 et seq . , and implementing U .S . DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S .C. 1001 apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized in 49 U.S .C. chapter 53 or any other statute 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 Signaturej �( Date: (� Name l — k I r " ! G. ' S O 'e1 Authorized Representative of Applicant AFFIRMATION OF APPLICANT' S ATTORNEY For (Name of Applicant) : �h ' " t" ( • Veep As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under State, local, or tribal government law, as applicable, to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of se certifications and assurances , or of the performance of the project. Date: i Signature Name �✓' �`` � I t � 1 � G Attorney for ApplicAt Each Applicant for FTA financial assistance and each FTA Grantee with an active capital or formula project must provide an Affirmation of Applicant' s Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney' s signature, provided the Applicant has on file this Affirmation, signed by the attorney and dated this Federal fiscal year. Attachment 3