RRRC.RFP.2023-11.All.Appendices.pdf

AGREEMENT

FOR THE USE OF

FEDERAL TRANSIT ADMINISTRATION

SECTION 5310 FUNDS

FISCAL YEAR 2023

PROJECT NUMBER: 44023-02

GRANT NUMBER: VA-2022-029

GRANTEE: RAPPAHANNOCK-RAPIDAN PDC

This Agreement (“Agreement”), by and between the Commonwealth of Virginia

Department of Rail and Public Transportation (“Department”) and the Rappahannock-

Rapidan PDC (“Grantee”) (collectively, the “Parties”), is for the provision of funding the

Grantee’s mobility management costs associated with providing public transportation to seniors and individuals with disabilities (“Project”), and is made and entered into on the date this document is signed by the last signing party.

WHEREAS, 49 U.S.C. § 5310 provides Federal assistance for public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable; and

WHEREAS, the Governor of the Commonwealth of Virginia, in accordance with a request by the Federal Transit Administration (“FTA”), has designated the Department to evaluate and award funds to grant applicants, coordinate grant applications, to distribute grant funds, and to monitor the progress of the projects; and

WHEREAS, the Grantee submitted an application to the Department for funding in the Fiscal Year 2023 Six Year Improvement Program from the FTA 5310 grant program;

and

WHEREAS, on June 21, 2022, the Commonwealth Transportation Board (“CTB”) authorized allocation of § 5310 Federal funds in the amount noted below to the Grantee.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the sufficiency of which is acknowledged, the

Parties agree as follows:

SECTION 1. Amount of Funds

Provided that the terms of this Agreement are met, the Department agrees to make available to the Grantee the sum of $145,925 in 49 U.S.C. § 5310 Federal funds for the

Project, which is detailed in Appendix A, attached hereto and incorporated herein by reference. It is understood that in this Agreement, the Department is merely serving as the entity to distribute Federal government funding, and the funds provided in this Agreement are not Commonwealth of Virginia (“Commonwealth”) funds.

Federal funds provided in this Agreement are contingent upon FTA funding. In no event shall the Department be liable to the Grantee for any portion of the Federal share of the Project cost. The Department’s responsibility for the Project cost shall be limited to the cost of coordination and processing of the Grantee’s reimbursement requests to the

FTA.

SECTION 2. Project Budget and Performance Requirements

The Grantee shall carry out the Project and shall incur obligations against and make disbursements of the Project funds only in conformity with the Project Budget as documented in Appendix B, which is the latest requested by the Grantee and approved by the Department, attached hereto and incorporated herein by reference. Indirect costs are an allowable expense if they are based on a cost allocation plan that has been approved by the Department or are at the de minimus rate and included in the Project Budget. The

Grantee shall track and report performance metrics in accordance with the performance plan contained in Appendix B.

SECTION 3. Requisitions and Payments

a. Requests for Payment by the Grantee. The Grantee will make monthly requests for reimbursement of eligible project costs as defined in 23 U.S.C. § 601. The request for payment will be for the Federal share of the total Project cost at the rate of Federal participation as shown in the amount of funds in Appendix A. In order to receive payments, the Grantee must:

1. Submit a reimbursement request in the OLGA Grants Management

System to the Department; and

2. Identify the source or sources of the non-Federal share of financial assistance under this Project from which the payment is to be derived.

b. Upon receipt of request for reimbursement and satisfactory documentation, the

Department will use all reasonable means to electronically transfer the Federal share of allowable costs to the Grantee within 30 days.

SECTION 4. Termination

For convenience. The Department may terminate this Agreement at any time without cause by providing written notice to the Grantee of such termination.

Termination shall be effective on the date of the receipt of notice by the Grantee. In the event of such termination, the Grantee shall be compensated for eligible project costs as defined in 23 U.S.C. § 601, through the date of receipt of the written termination notice from the Department.

SECTION 5. Contracts of the Grantee

Without prior written authorization by the Department, the Grantee shall not: (1) assign any portion of the work to be performed under this Agreement; (2) execute any contract, amendment, or change order concerning this Agreement; or (3) obligate itself in any manner with any third party with respect to its rights and responsibilities under this

Agreement. Further, the Grantee may not issue a Request for Proposal (“RFP”) that uses

Enhanced Mobility of Seniors and Individuals with Disabilities funds prior to review and approval of the RFP by the Department.

SECTION 6. Restrictions, Prohibitions, Controls, and Labor Provisions

The Grantee shall comply with all of the restrictions, prohibitions, controls, and labor provisions set forth in Appendix C, attached and made a part of this Agreement.

SECTION 7. Liability Waiver and Insurance Requirements

The Grantee shall not seek redress for damages or injury caused in whole or in part by the Commonwealth or the Department, and their respective officers, agents, and employees acting within the scope of their duties. The Grantee shall be responsible and shall reimburse the Commonwealth, the Department and their respective officers, agents, and employees for damage or injury to life and property, including environmental pollution and/or contamination, arising from (a) its contractors, subcontractors, agents and employees activities related to this Agreement or any associated use of the Federal funds.

The Grantee shall carry sufficient insurance to cover the risks of its operations. If the Grantee’s insurance fails to cover agents, contractors or subcontractors, the Grantee will require agents, contractors and subcontractors to carry insurance sufficient to cover risks associated with their activities. Insurance purchased by the Grantee, its agents, contractors, or subcontractors, shall list the Commonwealth, the Department, the Virginia

Department of Transportation, and the officers, agents and employees of these entities as additional insureds.

The Grantee shall indemnify, defend and hold harmless the Commonwealth, the

Department, the Virginia Department of Transportation, and their officers, agents, and employees of these entities from and against all damages, claims, suits, judgments, expenses, actions and costs of every name and description, arising out of or resulting from any act or omission by the Grantee, its contractors, subcontractors, agents or employees resulting from Grantee’s operations.

The obligations of this Article shall survive the termination or completion of this

Agreement and the Department’s payment.

The requirements of this Section shall not be deemed to limit any other obligations or liabilities of the Grantee.

The Grantee shall be responsible to pay the full amount of any deductibles or self-insured retentions of any coverages.

SECTION 8. Compliance with Title VI of the Civil Rights Act of 1964

The Grantee shall comply with the provisions of Title VI of the Civil Rights Act of

1964, and the provisions of Appendix D, attached and made a part of this Agreement.

SECTION 9. Incorporation of Provisions

The Grantee shall make all covenants and provisions of this Agreement a part of any contracts and subcontracts relating to the Project which utilize the funds provided in this Agreement. These covenants and provisions shall be made binding on any contractor, subcontractor, and their agents and employees. In addition, the following required provision shall be included in any advertisement for procurement for the Project:

Statement of Financial Assistance: This contract is subject to a financial assistance contract between the Commonwealth of Virginia and the United States

Department of Transportation (“U.S. DOT”).

SECTION 10. Other FTA Requirements

a. The Grantee shall comply with all applicable provisions of the current FTA

Master Agreement in effect at the time this Agreement is executed. The FTA

Master Agreement is posted on the FTA website at https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-agreements.

b. For non-procurement awards of any amount and to every tier of procurement transactions equal to or exceeding $25,000, the Grantee shall notify the

Department who will subsequently notify the FTA Chief Counsel and FTA

Region 3 Counsel of any current or prospective legal matter that may affect the

Federal government. Types of legal matters include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal government as a party to litigation of a legal disagreement in any forum for any reason. Matters that may affect the Federal government include, but are not limited to, the Federal https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-agreements government’s interest in the Grant, the accompanying underlying agreement and any amendments thereto, or the Federal government’s administration or enforcement of Federal laws, regulations and requirements. Additionally, the

Grantee must include a similar notification in any third party agreements and must require an equivalent provision in its sub agreements at every tier in accordance with 2 C.F.R. §§ 180.220 and 1200.220.

c. All funds made available by this Agreement are subject to audit by the

Department or its designee, and by the FTA or its designee. Current audit guidelines for the Department are set forth in Appendix E, attached and made a part of this Agreement.

Appendix A: Grant Amount

Grantee: Rappahannock-Rapidan PDC

Project: Mobility Management Services to Seniors and Individuals with Disabilities

CFDA# 20513 Section 5310

FTA Grant Number VA-2022-029

Project Number: 44023-02

Project Start Date: October 1, 2022

Project Expiration Date: September 30, 2023

Fund Item

Code Amount

401 Grant Amount (Federal share of Project cost - 80%) $145,925

477 State expense (share of Project cost - 16%) $ 29,186

1400 Local expense (share of Project cost - 4%) $ 7,296

Total Project Expense $182,407

In no event shall this grant exceed $145,925.

Appendix B: Project Budget and Performance Requirements

Project Budget:

Mobility Specialist 1 FTE Salary $53,471

Mobility Specialist 1 FTE

Benefits $21,121

Mobility Manager 1 FTE Salary $62,500

Mobility Manager 1 FTE Benefits $24,188

Marketing and Outreach $5,000

Indirect Costs $16,127

Total Project Budget $182,407

Performance Requirements:

Goal Objective

1. Provide regional mobility management

1. Cultivate partnerships, coordinate meetings, plan regional strategies to address mobility issues.

2. Maintain regional data, provide long-term planning, evaluate effectiveness of regional transportation, identify and apply for funding.

2. Operate the FAMS one-call/one-click center

1. Collect and analyze call data to quantify program impact, identify needs, and distribute transportation information and resources.

2. Coordinate ride requests and collect ride data for volunteer driver agencies.

3. Maintain the data software program

1. Input and analyze data on incoming/outgoing calls, resource distribution, volunteer rides, and outreach/education impact.

2. Provide data to stakeholders, government partners, local agencies, and health related stake-holders.

4. Increase the number of volunteer drivers

1. Recruit volunteer drivers throughout the fiscal year.

2. Distribute Recruitment Materials through out the Region

5. Support mobility initiatives

1. Support pilot programs and enhanced/specialized mobility needs by partnering with community partners

2. Utilize Community Channels to Gather

Transportation Needs Information and

Distribute Transportation Supports

Information

Objective Indicator Target

Collaborated with local volunteer driver programs, transportation partners, and other community agencies to support mobility.

Number of Meetings 24

Coordinated with local driver programs to provide transportation.

Number of Ride

Requests

Coordinated with local driver programs to provide transportation.

Number of One-Way

Rides Given

Coordinated with local driver programs to provide transportation.

Number of Charitable

Miles Tracked 50000

Coordinated with local driver programs to provide transportation.

Number of Charitable

Hours Tracked

Provided public transportation information and referrals.

Number of Calls 8000

Provided public transportation information and referrals.

Number of Calls

Referred

Maintain the Data Software Program Number of Days Used 365

Maintain the Data Software Program Number of Profiles

Created

Maintain the Data Software Program

Number of

Staff/Partners Using

Program

Maintain the Data Software Program Number of Reports

Generated

Track and Quantify Outreach/Awareness Impact Number of Activities

Tracked

Track and Quantify Outreach/Awareness Impact Audience/Impact Size 10000

Track and Quantify Outreach/Awareness Impact Hours Tracked 1000

Provide ride coordination for individuals to access medical care.

# of Rides coordinated for medical care

Provide Information/referral and ride coordination to Elderly Individuals # of Elderly Served 1000

Provide Information/referral and ride coordination to disabled Individuals

# of Disabled

Individuals Served

Recruit Volunteer Drivers # of Drivers Recruited 36

Provide Recruitment Information Community

Events/Meetings

# of Events/Meetings with Information Given

Post Social Media Recruitment Messages for

Volunteer Drivers # of Facebook Posts 12

Provide Monthly Meeting Supervision to

Employees

# of Meetings with

Staff

Coordinate Team Meetings across the five county region for Community Partners to Receive

Transportation Services Information & Provide information on Transportation Needs

# of Team Meetings 60

Provide specialized supports for individuals in need of transportation insurance-benefit scheduling

# of Clients Assisted with Transportation

Scheduling

Appendix C: Restrictions, Prohibitions, Controls, and Labor Provisions

a. The Grantee, its agents, employees, assigns, or successors, and any persons, firms, or agency of whatever nature with whom it may contract or make agreement, in connection with this Agreement, shall not discriminate against any employee or applicant for employment because of age, race, religion, handicap, color, sex, gender identity, or national origin. The Grantee shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their age, race, religion, handicap, color, sex, gender identity, or national origin. Such actions 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.

b. Disadvantaged Business Enterprises (“DBE”). It is the policy of the U.S. DOT that

DBEs, as defined in 49 C.F.R. pt. 26, have the maximum opportunity to participate in the performance of contracts financed in whole or in part with the Federal funds under this Agreement. Consequently, the DBE requirements of 49 C.F.R. pt. 26 apply to this Agreement.

The recipient or its contractors shall not discriminate on the basis of race, color, national origin, gender identity or sex in the award and performance of any U.S.

DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. pt. 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. pt. 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts. The recipient will utilize the

Virginia Department of Transportation’s DBE program, as required by 49 C.F.R.

pt. 26 and as approved by the U.S. DOT, which is incorporated by reference in this

Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil

Remedies Act of 1986 (31 U.S.C. § 3801 et seq.).

Pursuant to the requirements of 49 C.F.R. pt. 26, the following clause must be inserted in each third party contract:

“The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. pt. 26 in the award and administration of U.S. DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) withholding monthly progress payments; (2) assessing sanctions; (3) liquidated damages; and/or (4) disqualifying the contractor from future bidding as non-responsible.”

c. Interest of Member of, or Delegates to, Congress. No member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this

Agreement or to any benefit arising therefrom.

d. Conflict of Interest. The Grantee and its officers and employees shall comply with the provisions of the State and Local Government Conflict of Interests Act, §§ 2.2-

3100 et seq. of the Code of Virginia (1950), as amended.

e. The Grantee, its agents, employees, assigns, or successors, and any persons, firm, or agency of whatever nature with whom it may contract or make an agreement, shall comply with the provisions of the Fair Employment Contracting Act, §§ 2.2-

4200 et seq. of the Code of Virginia (1950), as amended.

f. Labor Warranty. The Grantee, its agents, employees, assigns, or successors, and any persons, firm, or agency of whatever nature with whom it may contract or make an agreement, in connection with this Agreement, shall comply with the terms and conditions of the Special Warranty Arrangement pursuant to 49 U.S.C. § 5333(b).

Appendix D: Title VI

During the performance of this Agreement, the Grantee, for itself, its assignees, and successors in interest, agrees as follows:

a. Compliance with Regulations: The Grantee shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of

Transportation (U.S. DOT), 49 C.F.R. pt. 21, as amended (“Regulations”).

b. Nondiscrimination: The Grantee, with regard to the work performed by it during the term of this Agreement, shall not discriminate on the grounds of race, color, sex, gender identity, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The

Grantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations.

c. Solicitations for Subcontracts, Including Procurements of Materials and

Equipment: In all solicitations, either by competitive bidding or negotiation, made by the Grantee for work to be performed under a subcontract, including procurements of materials, leases, or equipment, each potential subcontractor or supplier shall be notified by the Grantee of the Grantee's obligations under this

Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin.

d. Information and Reports: The Grantee shall provide all information and reports developed as a result of or required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the FTA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Grantee is in the exclusive possession of another who fails or refuses to furnish this information, the Grantee shall so certify to the Department or the FTA, as appropriate, and shall set forth the efforts it has made to obtain this information.

e. Sanctions for Noncompliance: In the event of the Grantee's noncompliance with the nondiscrimination provisions of this Agreement, the Department shall impose such Agreement sanctions as it or the FTA may determine to be appropriate, including, but not limited to:

1. Withholding of payments to the Grantee under the Agreement until the

Grantee complies; and/or

2. Cancellation, termination, or suspension of the Agreement in whole or in part.

f. Incorporation of Provisions: The Grantee shall include the requirements of paragraphs a through f in every subcontract (making clear that the requirements on the Grantee are in turn required of all subcontractors), including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Grantee shall take such action with respect to any subcontract or procurement as the Department or the FTA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Grantee becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Grantee must immediately notify the Department so that steps can be taken to protect the interests of the Department and the United States.

Appendix E: Audit Guidelines

a. The Grantee shall comply with the requirements of the Single Audit Act

Amendments of 1996, 31 U.S.C. § 7501 et seq., and applicable U.S. DOT “Single

Audit” requirements of 2 C.F.R. pt. 1201, which incorporate by reference 2 C.F.R.

pt. 200. It sets forth standards for obtaining consistency and uniformity among

Federal agencies for the audit of States, local governments, and non-profit organizations expending Federal awards.

b. Additional guidance is as follows:

1. Eligibility of costs is stressed for expenditures made within the grants. 2

C.F.R. pt. 200, Subpart E, should be referenced and applied. Generally, some of the problems encountered are:

A. Unacceptable or no cost allocation plan, usually for “indirect costs.”

B. Arbitrary allocation of costs.

C. Failure to maintain time and attendance records.

D. Failure to keep accurate track of employee time spent on each of several grants.

E. Improper documentation.

2. The report should have sufficient schedules, either main or supplementary, that identify beginning balances, revenues, expenditures by line item and individual grants, and fund balances. Department-issued grants should be separated. A schedule of ineligible costs should also be included if such costs are found.

3. The report should present a schedule of indirect costs and be presented in a manner that indicates the method of developing the costs (including fringe benefits). Indirect costs should be analyzed for eligibility of costs included

(interest, taxes, etc.).

4. Costs should be classified to identify expenditures by the Grantee in contrast to disbursements actually passed through to subrecipients. The scope of the audit should include expenditures made by the subrecipients and be identified in the audit report. This includes consultants, subconsultants, and any other recipient of pass through funds.

5. Generally speaking, it is left up to the auditor's professional judgment to determine materiality in selection of parameters for sample testing and recognition of errors. However, it is suggested that the size of each individual grant in the entity be considered when selecting parameters rather than total overall operation of the entity.

6. The following groups should be sent copies of the audit reports:

A. Two copies of the audit reports and two copies of the OIG Review of the Report are to be sent to:

Virginia Department of Rail and Public Transportation

Attention: Donald Karabaich, Audit Manager

600 East Main Street, Suite 2102

Richmond, VA 23219

B. Grantees expending more than $750,000 a year in Federal assistance must forward a copy of the audit to a central clearinghouse designated by OMB.

Federal Audit Clearinghouse

Bureau of the Census

1201 E. 10th St.

Jefferson, IN 47132

C. If your independent annual single audit contains U.S. DOT program findings, a copy of the entire audit report must be submitted to your

FTA Regional Office. If your agency receives funds from more than one U.S. DOT agency and FTA is your point of contact for all DBE program issues, then you must submit the entire audit report if it contains any findings related to any U.S. DOT program.

D. If your independent annual single audit report contains no U.S. DOT program findings, a copy of only the Federal Clearinghouse transmittal sheet must be submitted to your FTA.

Project Agreement for Use of

Commonwealth Transportation Funds

Fiscal Year 2023

Six Year Improvement Program Approved Project

Federal Transit Administration Grant Number VA-2022-029

Project Number 44023-02

This Project Agreement by and between the Commonwealth of Virginia Department of Rail and

Public Transportation (“Department”) and the Rappahannock-Rapidan PDC (“Grantee”), is for the provision of Commonwealth Transportation Fund (“state grant”) funding for the Project, and is made and entered into on the date this document is signed by the last signing party.

WHEREAS, the Grantee submitted an application to the Department for the Federal Transit

Administration (“FTA”) 5310 program for funding for the Project; and

WHEREAS, on June 8, 2022, the FTA approved funding for the Project; and

WHEREAS, the Department provides state grant matching funds to Federal funds for approved projects in the Six Year Improvement Program; and

WHEREAS, the Department approved state grant funding for the state share of the Project and on June 21, 2022, the Commonwealth Transportation Board (“CTB”) allocated state grant funding for the Project; and

WHEREAS, the Parties wish to define the extent of the Project, the responsibilities of each

Party, the manner of performing the necessary work, the method and time of payment, and to set out additional conditions associated with the Project.

NOW, THEREFORE, in consideration of the covenants and agreements set forth, and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

ARTICLE 1. SCOPE OF WORK, TERM AND BUDGET

1. Under the terms of this Project Agreement, the Grantee shall:

a. Provide Grantee’s mobility management costs associated with public transportation to seniors and individuals with disabilities in accordance with the Project budget in Appendix 2, which is attached and made a part of this Project Agreement.

b. Track and report performance metrics in accordance with the performance plan contained in

Appendix 2.

2. The Department agrees to provide funding as detailed below:

a. State grant funding in the amount of $29,186 to match Federal funds for the Project approved in the Fiscal Year 2023 Six Year Improvement Program. Details concerning this funding are contained in Appendix 1.

3. The Project Agreement may be amended only prior to the Project Expiration Date identified in

Appendix 1 and upon written agreement of the Parties.

4. The Grantee acknowledges that state grant funding for this grant is subject to appropriation by the

General Assembly of Virginia and allocation by the CTB.

ARTICLE 2. INCORPORATION OF MASTER AGREEMENT

FOR USE OF COMMONWEALTH TRANSPORTATION FUNDS

The Master Agreement for Use of Commonwealth Transportation Fund funding agreed and executed by the Parties dated March 9, 2020 (“Master Agreement”), is hereby incorporated by reference, as if set out in full herein. Terms not defined in this Project Agreement are defined in the Master

Agreement.

This space intentionally left blank

Appendix 1: Funding Amount

Project: Mobility Management Costs Associated with Providing Transportation

Services to Seniors and Individuals with Disabilities

477 Grant Amount (State share of Project cost - 16%) $ 29,186

401 Federal expense (share of Project cost - 80%) $145,925

1400 Local expense (share of Project cost - 4%) $ 7,296

Total Project Expense $182,407

In no event shall this grant exceed $29,186.

Appendix 2: Project Budget and Performance Requirements

Project Budget:

Mobility Specialist 1 FTE Salary $53,471

Mobility Specialist 1 FTE

Benefits $21,121

Mobility Manager 1 FTE Salary $62,500

Mobility Manager 1 FTE Benefits $24,188

Marketing and Outreach $5,000

Indirect Costs $16,127

Total Project Budget $182,407 management

1. Cultivate partnerships, coordinate meetings, plan regional strategies to address mobility issues.

2. Maintain regional data, provide long-term planning, evaluate effectiveness of regional transportation, identify and apply for funding.

2. Operate the FAMS one-call/one-click center

1. Collect and analyze call data to quantify program impact, identify needs, and distribute transportation information and resources.

2. Coordinate ride requests and collect ride data for volunteer driver agencies.

3. Maintain the data software program

1. Input and analyze data on incoming/outgoing calls, resource distribution, volunteer rides, and outreach/education impact.

2. Provide data to stakeholders, government partners, local agencies, and health related stake-holders.

4. Increase the number of volunteer drivers

1. Recruit volunteer drivers throughout the fiscal year.

2. Distribute Recruitment Materials throughout the Region

5. Support mobility initiatives

1. Support pilot programs and enhanced/specialized mobility needs by partnering with community partners

2. Utilize Community Channels to Gather

Transportation Needs Information and transportation partners, and other community agencies to support mobility.

Number of Meetings 24

Coordinated with local driver programs to provide transportation.

Number of Ride Requests 2000

Coordinated with local driver programs to provide transportation.

Number of One-Way

Rides Given

Coordinated with local driver programs to provide transportation.

Number of Charitable

Miles Tracked 50000

Coordinated with local driver programs to provide transportation.

Number of Charitable

Hours Tracked

Provided public transportation information and referrals. Number of Calls 8000

Provided public transportation information and referrals. Number of Calls Referred 5000

Maintain the Data Software Program Number of Days Used 365

Maintain the Data Software Program Number of Profiles

Created

Maintain the Data Software Program Number of Staff/Partners

Using Program

Maintain the Data Software Program Number of Reports

Generated

Track and Quantify Outreach/Awareness Impact Number of Activities

Tracked

Track and Quantify Outreach/Awareness Impact Audience/Impact Size 10000

Track and Quantify Outreach/Awareness Impact Hours Tracked 1000

Provide ride coordination for individuals to access medical care.

# of Rides coordinated for medical care

Provide Information/referral and ride coordination to Elderly

Individuals # of Elderly Served 1000

Provide Information/referral and ride coordination to disabled

Individuals

# of Disabled Individuals

Served

Recruit Volunteer Drivers # of Drivers Recruited 36

Provide Recruitment Information Community Events/Meetings # of Events/Meetings with

Information Given

Post Social Media Recruitment Messages for Volunteer Drivers # of Facebook Posts 12

Provide Monthly Meeting Supervision to Employees # of Meetings with Staff 12

Coordinate Team Meetings across the five county region for

Community Partners to Receive Transportation Services

Information & Provide information on Transportation Needs

# of Team Meetings 60

Provide specialized supports for individuals in need of transportation insurance-benefit scheduling

# of Clients Assisted with

Transportation Scheduling

PROJECT NUMBER: 44023-01

GRANT NUMBER: VA-2022-029

Department of Rail and Public Transportation (“Department”) and Rappahannock-

Rapidan PDC (“Grantee”) (collectively, the “Parties”), is for the provision of funding the

Grantee’s operating costs associated with providing public transportation to seniors and individuals with disabilities (“Project”), and is made and entered into on the date this document is signed by the last signing party.

WHEREAS, 49 U.S.C. § 5310 provides Federal assistance for public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable; and

WHEREAS, the Governor of the Commonwealth of Virginia, in accordance with a request by the Federal Transit Administration (“FTA”), has designated the Department to evaluate and award funds to grant applicants, coordinate grant applications, to distribute grant funds, and to monitor the progress of the projects; and

WHEREAS, the Grantee submitted an application to the Department for funding in the Fiscal Year 2023 Six Year Improvement Program from the FTA 5310 grant program;

and

WHEREAS, on June 21, 2022, the Commonwealth Transportation Board (“CTB”) authorized allocation of § 5310 Federal funds in the amount noted below to the Grantee.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, available to the Grantee the sum of $97,707 in 49 U.S.C. § 5310 Federal funds for operating expenses, which is detailed in Appendix A, attached hereto and incorporated herein by reference. It is understood that in this Agreement, the Department is merely serving as the entity to distribute Federal government funding, and the funds provided in this Agreement are not Commonwealth of Virginia (“Commonwealth”) funds.

Federal funds provided in this Agreement are contingent upon FTA funding. In no event shall the Department be liable to the Grantee for any portion of the Federal share of the Project cost. The Department’s responsibility for the Project cost shall be limited

The Grantee shall carry out the Project and shall incur obligations against and make disbursements of the Project funds only in conformity with the Project Budget as documented in Appendix B, which is the latest requested by the Grantee and approved by the Department, attached hereto and incorporated herein by reference. Indirect costs are an allowable expense if they are based on a cost allocation plan that has been approved by the Department or are at the de minimus rate and included in the Project Budget. The for reimbursement of eligible project costs as defined in 23 U.S.C. § 601. The request for payment will be for the Federal share of the total Project cost at the rate of Federal participation as shown in the amount of funds in Appendix A. In order to receive payments, the Grantee must:

1. Submit a reimbursement request in the OLGA Grants Management

System to the Department; and

2. Identify the source or sources of the non-Federal share of financial assistance under this Project from which the payment is to be derived.

b. Upon receipt of request for reimbursement and satisfactory documentation, the without cause by providing written notice to the Grantee of such termination.

Termination shall be effective on the date of the receipt of notice by the Grantee. In the event of such termination, the Grantee shall be compensated for eligible project costs as contract, amendment, or change order concerning this Agreement; or (3) obligate itself in any manner with any third party with respect to its rights and responsibilities under this

Agreement. Further, the Grantee may not issue a Request for Proposal (“RFP”) that uses part by the Commonwealth or the Department, and their respective officers, agents, and employees acting within the scope of their duties. The Grantee shall be responsible and shall reimburse the Commonwealth, the Department and their respective officers, agents, and employees for damage or injury to life and property, including environmental pollution and/or contamination, arising from (a) its contractors, subcontractors, agents and employees activities related to this Agreement or any associated use of the Federal funds.

The Grantee shall carry sufficient insurance to cover the risks of its operations. If the Grantee’s insurance fails to cover agents, contractors or subcontractors, the Grantee will require agents, contractors and subcontractors to carry insurance sufficient to cover risks associated with their activities. Insurance purchased by the Grantee, its agents, contractors, or subcontractors, shall list the Commonwealth, the Department, the Virginia

Department of Transportation, and the officers, agents and employees of these entities as additional insureds.

The Grantee shall indemnify, defend and hold harmless the Commonwealth, the

Department, the Virginia Department of Transportation, and their officers, agents, and employees of these entities from and against all damages, claims, suits, judgments, expenses, actions and costs of every name and description, arising out of or resulting from any act or omission by the Grantee, its contractors, subcontractors, agents or employees resulting from Grantee’s operations.

The obligations of this Article shall survive the termination or completion of this

Agreement and the Department’s payment.

The requirements of this Section shall not be deemed to limit any other obligations or liabilities of the Grantee.

any contracts and subcontracts relating to the Project which utilize the funds provided in this Agreement. These covenants and provisions shall be made binding on any contractor, subcontractor, and their agents and employees. In addition, the following required provision shall be included in any advertisement for procurement for the Project:

Statement of Financial Assistance: This contract is subject to a financial

Master Agreement in effect at the time this Agreement is executed. The FTA

Master Agreement is posted on the FTA website at https://www.transit.dot.gov/funding/grantee-resources/sample-fta-agreements/fta-grant-agreements.

b. For non-procurement awards of any amount and to every tier of procurement transactions equal to or exceeding $25,000, the Grantee shall notify the

Department who will subsequently notify the FTA Chief Counsel and FTA

Region 3 Counsel of any current or prospective legal matter that may affect the

Federal government. Types of legal matters include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal government as a party to litigation of a legal disagreement in any forum for any reason. Matters that may affect the Federal government include, but are not limited to, the Federal government’s interest in the Grant, the accompanying underlying agreement and any amendments thereto, or the Federal government’s administration or enforcement of Federal laws, regulations and requirements. Additionally, the

Grantee must include a similar notification in any third party agreements and must require an equivalent provision in its sub agreements at every tier in accordance with 2 C.F.R. §§ 180.220 and 1200.220.

c. All funds made available by this Agreement are subject to audit by the

Department or its designee, and by the FTA or its designee. Current audit

Appendix A: Grant Amount

Project: Operation of Transportation Services to Seniors and

Individuals with Disabilities

Project Number: 44023-01

401 Grant Amount (Federal share of Project cost - 50%) $ 97,707

477 State expense (share of Project cost - 40%) $ 78,166

1400 Local expense (share of Project cost - 10%) $ 19,542

Project Expense Funded in this Agreement $195,415

In no event shall this grant exceed $97,707.

Project Expense Funded in Project 44123-01 $ 86,478

Total Project Expense $281,893

Project Numbers: 44023-01 and 44123-01

Project Budget:

Mobility Specialist 1 FTE Salary $46,496

Mobility Specialist 1 FTE Benefits $18,366

Mobility Specialist 1 FTE Salary $46,496

Mobility Specialist 1 FTE Benefits $18,366

Mobility Specialist 0.5 FTE Salary $23,248

Mobility Specialist 0.5 FTE Benefits $9,183

Volunteer Driver/Call Center Supervisor Salary $13,800

Volunteer Driver/Call Center Supervisor Benefits $5,451

Volunteer Driver Recruiter Salary $32,760

Community Resource Liaison Salary $22,464

Quickbase Software $10,000

Fuel $715

Maintenance $7,075

Insurance $3,810

Indirect (10% MTDC – actual expenditures) $23,663

Total Project Budget $281,893 management

1. Cultivate partnerships, coordinate meetings, plan regional strategies to address mobility issues.

2. Maintain regional data, provide long-term planning, evaluate effectiveness of regional transportation, identify and apply for funding.

2. Operate the FAMS one-call/one-click center

1. Collect and analyze call data to quantify program impact, identify needs, and distribute transportation information and resources.

2. Coordinate ride requests and collect ride data for volunteer driver agencies.

3. Maintain the data software program

1. Input and analyze data on incoming/outgoing calls, resource distribution, volunteer rides, and outreach/education impact.

2. Provide data to stakeholders, government partners, local agencies, and health related stake-holders.

4. Increase the number of volunteer drivers

1. Recruit volunteer drivers throughout the fiscal year.

2. Distribute Recruitment Materials through out the Region

5. Support mobility initiatives

1. Support pilot programs and enhanced/specialized mobility needs by partnering with community partners

2. Utilize Community Channels to Gather

Transportation Needs Information and transportation partners, and other community agencies to support mobility.

Number of Meetings 24

Coordinated with local driver programs to provide transportation.

Number of Ride

Requests

Coordinated with local driver programs to provide transportation.

Number of One-Way

Rides Given

Coordinated with local driver programs to provide transportation.

Number of Charitable

Miles Tracked 50000

Coordinated with local driver programs to provide transportation.

Number of Charitable

Hours Tracked

Provided public transportation information and referrals.

Number of Calls 8000

Provided public transportation information and referrals.

Number of Calls

Referred

Maintain the Data Software Program Number of Days Used 365

Maintain the Data Software Program Number of Profiles

Created

Maintain the Data Software Program

Number of

Staff/Partners Using

Program

Maintain the Data Software Program Number of Reports

Generated

Track and Quantify Outreach/Awareness Impact Number of Activities

Tracked

Track and Quantify Outreach/Awareness Impact Audience/Impact Size 10000

Track and Quantify Outreach/Awareness Impact Hours Tracked 1000

Provide ride coordination for individuals to access medical care.

# of Rides coordinated for medical care

Provide Information/referral and ride coordination # of Elderly Served 1000 to Elderly Individuals

Provide Information/referral and ride coordination to disabled Individuals

# of Disabled

Individuals Served

Recruit Volunteer Drivers # of Drivers Recruited 36

Provide Recruitment Information Community

Events/Meetings

# of Events/Meetings with Information Given

Post Social Media Recruitment Messages for

Volunteer Drivers # of Facebook Posts 12

Provide Monthly Meeting Supervision to

Employees

# of Meetings with

Staff

Coordinate Team Meetings across the five county region for Community Partners to Receive

Transportation Services Information & Provide information on Transportation Needs

# of Team Meetings 60

Provide specialized supports for individuals in need of transportation insurance-benefit scheduling

# of Clients Assisted with Transportation connection with this Agreement, shall not discriminate against any employee or applicant for employment because of age, race, religion, handicap, color, sex, gender identity, or national origin. The Grantee shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their age, race, religion, handicap, color, sex, gender identity, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or in the performance of contracts financed in whole or in part with the Federal funds

DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. pt. 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. pt. 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts. The recipient will utilize the

Virginia Department of Transportation’s DBE program, as required by 49 C.F.R.

pt. 26 and as approved by the U.S. DOT, which is incorporated by reference in this

Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. pt. 26 in the award and administration of U.S. DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient sex, gender identity, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The by the Grantee for work to be performed under a subcontract, including procurements of materials, leases, or equipment, each potential subcontractor or supplier shall be notified by the Grantee of the Grantee's obligations under this thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the FTA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the Grantee is in the exclusive possession of another who fails or refuses to furnish this information, the Grantee subcontract or procurement as the Department or the FTA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Grantee becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Grantee

Amendments of 1996, 31 U.S.C. § 7501 et seq., and applicable U.S. DOT “Single

Audit” requirements of 2 C.F.R. pt. 1201, which incorporate by reference 2 C.F.R.

pt. 200. It sets forth standards for obtaining consistency and uniformity among some of the problems encountered are:

A. Unacceptable or no cost allocation plan, usually for “indirect costs.”

B. Arbitrary allocation of costs.

C. Failure to maintain time and attendance records.

D. Failure to keep accurate track of employee time spent on each of individual grants, and fund balances. Department-issued grants should be audit should include expenditures made by the subrecipients and be recognition of errors. However, it is suggested that the size of each

FTA Regional Office. If your agency receives funds from more than one U.S. DOT agency and FTA is your point of contact for all DBE

Project Agreement for Use of

Commonwealth Transportation Funds

Fiscal Year 2023

Six Year Improvement Program Approved Project

Federal Transit Administration Grant Number VA-2022-029

Project Number 44023-01

This Project Agreement by and between the Department and the Rappahannock-Rapidan PDC

(“Grantee”), is for the provision of funding the Project, and is made and entered into on the date this document is signed by the last signing party.

WHEREAS, the Grantee submitted an application to the Department for the Federal Transit

Administration (“FTA”) 5310 program for funding for the Project; and

WHEREAS, the Department has approved funding for the Project and on June 21, 2022, the

Commonwealth Transportation Board (“CTB”) allocated funding for the Project; and

WHEREAS, on June 8, 2022, the FTA approved funding for the Project; and

WHEREAS, the Department provides state matching funds to Federal funds for approved projects in the Six Year Improvement Program; and

WHEREAS, the Parties wish to define the extent of the Project, the responsibilities of each

Party, the manner of performing the necessary work, the method and time of payment, and to set out additional conditions associated with the Project.

NOW, THEREFORE, in consideration of the covenants and agreements set forth, and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

ARTICLE 1. SCOPE OF WORK, TERM AND BUDGET

1. Under the terms of this Project Agreement the grantee shall:

a. Provide public transportation to seniors and individuals with disabilities in accordance with the Project budget in Appendix 2, which is attached and made a part of this Project

Agreement.

b. Track and report performance metrics in accordance with the performance plan contained in

Appendix 2.

2. The Department agrees to provide funding as detailed below:

a. State grant funding in the amount of $78,166 to match Federal funds for the Project approved in the Fiscal Year 2023 Six Year Improvement Program. Details concerning this funding are contained in Appendix 1.

3. The Project Agreement may be amended only prior to the Project Expiration Date identified in

Appendix 1 and upon written agreement of the Parties.

4. The Grantee acknowledges that state grant funding for this grant is subject to appropriation by the

General Assembly of Virginia and allocation by the CTB.

ARTICLE 2. INCORPORATION OF MASTER…