Ohio Department of Transportation

Office of Transit

JARC/New Freedom Training

Thursday, August 14, 2008

Marianne Freed AdministratorODOT, Office of Transit

Welcome and Introductions

PROGRESS ON PREVIOUS REQUESTS

• STIP Programming• Public Participation• Certifications and Assurances

PURPOSE & SCOPE OF CONTRACT

• Definitions• Service Area• Period of Performance• Changes to Project Scope• Reference: www.fta.dot.gov

GRANT FUNDING

Seth BudgeProgram CoordinationODOT, Office of Transit

GRANT FUNDING• Common Rule (A-102)• Separate Cost Center• Accrual Accounting• Payments• In-Kind Contributions & Indirect Expenses• Fares and Contributions/Net Project Cost• Reference:

www.dot.state.oh.us/Divisions/Finance/Auditing/Pages/Transit.aspx

COST CENTERS

• Separate accounting records required

• New cost center for each grant

• No new bank account needed

ACCRUAL ACCOUNTING

• Accrual accounting required

• Choice of full accrual books or periodic accruing entries

• Benefits of accrual

PAYMENTS

• Electronic Deposit

• Warrant

IN-KIND CONTRIBUTIONS

• Volunteer Drivers• Other Contributed Services• Both a Cost and a Revenue for Budget

Purposes• Requires an Approved In-Kind Plan

INDIRECT COSTS

• Direct Expenses

• Indirect Expenses

• Approved Cost Allocation Plan Required

FARES AND CONTRIBUTIONS

• Fares Recommended• Fare Schedules Set by Grantee• Security of Fares and Donations• Change Not Provided• Administrative Handling• Net Project Cost

PROCUREMENT• Competitive Procurement• Specifications Must Be Approved by ODOT in

Advance• Thresholds for Bids vs. Quotes• No “Buy Local” Preference• Applies to Services and Capital/Equipment• ODOT Must Approve Bid Awards

MOTOR VEHICLE FUEL TAX EXEMPTION

• Is my project eligible for this?

• Where can I get more information on this?

• Ohio Department of Taxation: 614-466-3503

ELIGIBILITY OF INTEREST

• External Financing• In Support of Program Project• For Current Period Cost• Interest on Late Payments Not Eligible• Must be Lowest Available Rates

ODOT TERM CONTRACTS

Joshua GearhardtPublic Transportation ManagerODOT, Office of Transit

ODOT TERM CONTRACTS

• What are they?

• Can I purchase off of them?

• What is available?

• Where can I get more information?

HIGHWAY PATROL INSPECTIONSOhio Revised Code Section 4513.50• Inspections of passenger transportation

vehicles– All private non profit owned vehicles without

county tags must be inspected annually– Vehicles exempted are any smaller than an LTN– LTN’s and larger have a GVWR or GVW or more

than 10,000 lbs and are subject to the inspection law

ODOT TERM CONTRACTS

• Where to get term contract information

– Office of Transit websitewww.dot.state.oh.us/Divisions/Local/Transit /Pages/default.aspx

– ODOT Office of Contract websitewww.dot.state.oh.us/Divisions/ContractAdmin/Pages/default.aspx

Office of Transit Website

REPORTING REQUIREMENTS

Barbara PiperProgram CoordinatorODOT, Office of Transit

INVOICES

• Operating Invoices– Monthly

INVOICES

• Capital Invoices

MILESTONE REPORTS

• Capital– Vehicle procurement– Other capital items

• Planning

PROGRAM OUTCOME MEASURES

• Program Outcome Measurers– Monthly reports required

PROJECT ADMINISTRATION

• Overpayment of Grant Funds• Audit/QAR findings• Availability of Records• Satisfactory Continuing Control of Federal

Assets• Maintenance of Assets

Project Administration

• Site Visits– Conducted prior to start date of the project– Conducted at least once during the project– Conducted more often as needed

• Quality Assurance Reviews– Incorporated into existing QAR’s

CHARTER REGULATIONS• JARC and NF have Exemptions for Program

Purpose– Persons who are low income, disabled or elderly

• Exceptions may also apply• Reporting of Charter Service provided• Reference: ODOT Office of Transit Website– Charter Manual for Rural Transit

CIVIL RIGHTS

Kim WhiteTraining and Compliance OfficerODOT, Office of Transit

Civil Rights

New Circular FTA C 4702.1A

Title VI and Title VI-Dependent Guidelines for Federal Transit Administration Recipients, published December 14, 2005

Title VI

Part of the 1964 Civil Rights Act

Title VI – Nondiscrimination in Federally Assisted Programs and Activities

“No person in the United States shall on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Title VI cont.

• What is the Purpose of Title VI?

• What is the Intent of Title VI?

Title VI cont.Other Nondiscrimination Authorities The Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 Section 504 of the 1973 Rehabilitation Act The 1975 Age Discrimination Act Executive Order 12898 on Environmental Justice (EJ) Executive Order 13166 on Limited English Proficiency

(LEP) Implementing Regulations

Title VI cont.

• New Title VI information will be required

• Additional Training later this year on Civil Rights

Title VI cont.

USDOT’s Title VI Regulations (49 CFR Part 21) Obligates recipients to:

Comply with Title VI Include Title VI Provisions in its contracts Requires recipients’ execution of Title VI

assurance as a condition of Federal aid Provides for sanctions in the event of

noncompliance

Title VI cont.

Executive Order 12898 – Environmental Justice Demand for fair and equitable treatment

(toward low income and minority persons/population)

Limited English Proficiency (LEP)

Covered in Title VI Circular and by Executive Order 13166

Who is a LEP Person?

Limited English Proficiency cont.

What is required of recipients? Assessment Plan of Action

Limited English Proficiency cont.

• Four Factor Assessment– Demography– Frequency – Importance – Resources

Limited English Proficiency cont.

Plan of Action – Five Elements Identification of volume and location of LEPs and LEP

communities Language assistance measures Staff Outreach measures Monitoring and Evaluation of Efforts

DISADVANTAGED BUSINESS ENTERPRISE (DBE)

• Goal Projections– Required of all Recipients– Must be submitted to ODOT electronically– The ODOT report is due to FTA August 1– Goal projection due September 15, 2009• Forms and instructions will be emailed

DBE Con’t.

• Threshold recipient– Must publish goal – Must submit plan if not already on file with ODOT

or if revisions are made– Will be required to submit semi-annual reports

Questions: Contact Kim White at kim.white@dot.state.oh.us or 614-644-0301

AMERICAN WITH DISABILITY ACT (ADA)

The American’s With Disabilities Act of 1990

• Goal

• Definition of Disability

ADA con’t.

• Range of Issues

• What Accessibility Means

ADA con’t.Implementing Agencies• Title I – Employment • Equal Employment Opportunity Commission

• Title II and Title III – Public services and public accommodations excluding transportation• Department of Justice

• Title II and Title III – Public and Private transportation• Department of Transportation

• Title IV – Telecommunications• Federal Communications Commission

ADA con’t.Provision of Service Requirements • Access to information • Access to communication• Accessible locations• Employee training• Equipment maintenance• Use of Personal Care Attendants (PCA)Resources: ODOT White Paper and Projection

Action Website: www.projectaction.org

EQUAL EMPLOYMENT OPPORTUNITY (EEO)

A Civil Rights Law

Equal employment opportunity laws prohibit specific types of job discrimination in the workplace

Employers are required to post notices to all employees advising them of their rights under the laws

Drug-Free Workplace

Drug-Free Workplace Requirements (49 CFR Part 29) requires application to provide a drug-free workplace

Different from the required FTA and FMCSA drug and alcohol program requirements.

DRUG & ALCOHOL TESTING

Grant recipients must certify they are in compliance with the U.S.DOT or state DOT drug and alcohol program requirements

Drug and Alcohol Testing Requirements- FMCSA

49 CFR part 382For employees who operate a vehicle where they are required to have a Commercial Driver’s License (CDL)

Drug and Alcohol Testing Requirements - FTA

49 CFR part 655JARC and New Freedom recipients and subrecipients that also receive funding under one of the covered FTA programs should include any employees funded under New Freedom project in their testing program.

Drug and Alcohol Testing Requirements – State

Requirements

Drug and Alcohol Testing Requirements to be exempt from OMTB requirements

FMCSA OUT-OF-STATE REQUIREMENTS

• Deals with Interstate Passenger Transportation

• Registration Requirements

• Resource

Training Requirements

• Drug and Alcohol• Bloodborne pathogens• Wheelchair securement• First aid• CPR• Passenger Assistance Training• Defensive Driving - encouraged

Miscellaneous Requirements

• Insurance Requirements• Driver Requirements– Age– Driving record– Physical– Pre-employment drug and alcohol testing (at a

minimum)

Miscellaneous Requirements con’t.

• Vehicle Equipment– Biohazard disposal kit (exposure control plan)– Standard equipment provided in ODOT term

contracts• First-aid kit• Fire extinguisher• Seat belt cutters

– Two-way Communication

Misc. Con’t

• Trip Priorities-Open Door-Denials• Ethics requirements• Lobbying• Debarment/Suspension

Upcoming Training

• September 24 - Civil Rights ODOT – Central Office Auditorium

• October 8 – Marketing

• December 9 – Drug and Alcohol Reasonable Suspicion Determination Refresher

• Defensive Driving – Hosting a Class

Annual Ohio Public Transit Conference

Dates: May 20-22, 2009Place: Dayton, OhioSurvey

OFFICE OF TRANSIT SCHOLARSHIP PROGRAM

Designed to provide access to relevant training programs which might otherwise be out of reach for grant recipients

Available for Local, State, or National training, workshop, conference

Reimbursed up to 80% of actual expenses incurred, must apply prior to the event

Transit Curriculum

• WSU – One-credit hour courses

• KSU – Program to start August

Questions