| (F) in-kind contributions, volunteer services, and
donations attributable to the project if the value is documented and
previously approved by the department; or
(G) transportation development credits, with prior
department approval.
(2) Funds from any other U.S.DOT program are not eligible
for use as local matching funds.
(g) Funding distribution. After the state administrative
expenses described in subsection (e)(1) of this section are set aside,
funds will be allocated on a formula basis as provided by this subsection.
(1) For urbanized areas with a population less than
200,000, 25 percent of the available funds will be allocated equally,
using department district boundaries of the districts that include
such an area. To allocate the remaining 75 percent, the department
will:
(A) calculate the population of seniors and individuals
with disabilities in each of those urbanized areas using the latest
census figures available from the United States Census Bureau; and
(B) divide each urbanized area's population of seniors
and individuals with disabilities, as determined under subparagraph
(A) of this paragraph, by the state's total population for urbanized
areas with less than 200,000 population to determine that urbanized
area's formula allocation.
(2) For rural areas, 25 percent of the available funds
will be allocated equally, using department district boundaries of
the districts that include such an area. To allocate the remaining
75 percent, the department will:
(A) calculate the population of seniors and individuals
with disabilities in each department district using the latest census
figures for counties available from the United States Census Bureau;
and
(B) divide each department district's subtotal of the
population of seniors and individuals with disabilities, as determined
under subparagraph (A) of this paragraph, by the state total of that
population in rural areas to determine the district's formula allocation.
(3) For urbanized areas with 200,000 population or
more for which the department is the designated recipient, funds will
be allocated to the respective urbanized area based on the federal
apportionment as published in the Federal Register.
(4) Residual funds.
(A) Urbanized areas with populations of less than 200,000
and rural areas. On completion of the project selection procedures
described in subsection (i) of this section, if any portion of the
allocation described in paragraph (1) or (2) of this subsection is
not needed, the commission or the executive director may distribute
the balances, as appropriate, to satisfy unmet needs in other areas
of the state. This action may require the department to transfer funds,
at the state level, between urbanized and rural areas to fully obligate
the state's apportionment.
(B) Urbanized areas with populations of 200,000 or
more. On completion of the project selection procedures described
in subsection (i) of this section, any unallocated funds for urbanized
areas with populations of 200,000 or more will remain in that urbanized
area until allocated at a future date.
(h) Application requirements. A prospective applicant
must submit an application for §5310 grant funds at the time
specified by the department. The application must document the need
and demand for passenger transportation services for seniors and individuals
with disabilities, and also must document inclusion of the project
in the coordinated public transit-human service transportation plan.
(i) Project selection. To select projects, the department
will consult with all local parties, including metropolitan planning
organizations, and follow the procedures set out in this subsection.
(1) The department will establish public outreach processes
involving local stakeholders. In an effort to streamline decision-making
processes and maximize coordination opportunities, the department
may choose to combine contiguous department district boundaries for
stakeholder engagement, project selection, and public outreach. The
stakeholder groups should include representatives of the following
groups, further defined in FTA Circular 9070.1G, or its latest version:
(A) transportation partners;
(B) passengers and advocates;
(C) human service and work force agencies; and
(D) others, such as emergency management agencies.
(2) In recommending projects, the department will consider
the program goals and objectives set forth in subsection (b) of this
section and consider projects that:
(A) leverage existing resources and promote innovation;
(B) are the only public transportation option for the
proposed service area;
(C) are sustainable over time;
(D) demonstrate efficient use of resources;
(E) involve partnerships that include organizations;
or
(F) provide service continuity.
(3) At least 55 percent of the funds allocated by district
boundaries or combination of district boundaries shall be used for
capital expenses.
(4) Not more than 45 percent of the funds allocated
by district boundaries or combination of district boundaries may be
used for operating expenses. This cap applies to both urbanized areas
and rural areas, respectively.
(5) The requirements of this subparagraph apply to
all projects recommended for funding.
(A) There must be a demonstrated need for any capital
purchases. Examples of items that may be used to demonstrate need
include a needs assessment that documents the demand for new services,
a vehicle inventory that establishes the need for replacement of older
equipment, dispatcher logs that document requests for service that
cannot be met with existing equipment, and purchase of service contracts
that substantiate the need for additional vehicles.
(B) The proposed applicant must be able to demonstrate
its financial and managerial capability to carry out the project.
Examples of items that may be used to demonstrate the capability include
audited financial statements and review letters from grantor agencies.
(C) Consideration should be given to the applicant's
past efforts to coordinate services and related activities with other
local entities. Examples showing those efforts include contracts that
outline purchase of service agreements, shared maintenance or dispatching
functions, and joint training initiatives.
(D) There should be evidence of local support for the
proposal. Examples of that evidence include resolutions by local governing
bodies and endorsement letters from other organizations or individuals.
(E) The project must be included in the coordinated
public transit-human service transportation plan.
(6) Based on stakeholder input, department personnel
assigned to cover district areas will rank projects in priority order.
(7) On receipt of the applications recommended for
funding, the director, or the director's designee, will review all
funding requests for completeness and compliance with all statutory
and program administrative requirements. Following commission approval,
the department will negotiate a contract with the selected local entities
and organizations to implement the projects selected for funding.
(j) Vehicle leasing. Vehicles acquired under the §5310
program may be leased to other entities, such as local public entities
or agencies, other private nonprofit agencies, or private for-profit
operators. The lessee shall operate the vehicles on behalf of the
§5310 recipient and provide the transportation services as described
in the original grant application.
(k) Incidental vehicle use. A vehicle that is purchased
with §5310 funds may be used for incidental uses that do not
conflict with the primary use of the vehicle to provide transportation
services for seniors and individuals with disabilities. Examples of
permissible incidental uses are allowing riders who are neither senior
nor an individual with a disability to occupy vacant seats, delivering
meals, or using the vehicle for other public transportation activities
when it is not required for seniors or individuals with disabilities
project purposes. The vehicle shall not be altered in any way to accommodate
incidental use.
(l) Private for-profit transportation business participation.
Taxi companies that provide only exclusive-ride service are not eligible
subrecipients; however, they may participate in the §5310 program
as contractors. Exclusive-ride taxi companies may receive §5310
funds to purchase accessible taxis under contract with an eligible
subrecipient.
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