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Section 5310 Program | Fox Cities and Oshkosh

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Section 5310 Program

APPLETON TRANSPORTATION MANAGEMENT AREA SECTION 5310
ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAM

The goal of the 5310 Program and the Appleton Transportation Management Area (TMA) is to enhance mobility for seniors and persons with disabilities through financial assistance.  To provide tools to overcome barriers that Americans with disabilities face in seeking integration into the workforce and full participation in society.

DESIGNATED RECIPIENT

ECWRPC is the designated governing body for the TMA and Valley Transit is the public transportation provider for the Fox Cities.  On April 26, 2013, ECWRPC, through a resolution, supported Valley Transit as the administrator for the Section 5310 Elderly and Persons with Disabilities Transportation Assistance Program for the Appleton Urbanized Area.  Governor Walker, on December 9, 2013, officially appointed Valley Transit as the direct recipient of the Section 5310 Elderly and Persons with Disabilities Transportation Assistance Program.

ELIGIBLE ACTIVITIES

  • At least 55% of program funds must be used on capital projects that are:
    • 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.
  • The remaining 45% may be used for operating or capital expenses associated with:
    • Public transportation projects that exceed the requirements of the ADA.
    • Public transportation projects that improve access to fixed-route service and decrease reliance by individuals with disabilities on complementary paratransit.
    • Alternatives to public transportation that assist seniors and individuals with disabilities

FUNDING PROJECTS

  • Funds are apportioned for urbanized and rural areas based on the number of seniors and individuals with disabilities.
  • Federal share for capital projects (including acquisition of public transportation services) is 80%
  • Federal share for operating assistance is 50%.

FUNDING CYCLE

The Appleton TMA receives funding for Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program annually.  Project recipients are selected based on project evaluation scores.

TIMELINE

The Section 5310 application are due August 15, 2014.

APPLICATION

Application materials can be found on WisDOT website: http://www.dot.wisconsin.gov/localgov/transit/elderly.htm

Important Note:  Applicants with projects within the Appleton TMA must send applications to ECWRPC.  Applicants with projects outside of the Appleton TMA must send applications to WisDOT.  If an applicant has a project that crosses boundaries must send applications to ECWRPC.

ECWRPC
Attention: Nick Musson
400 Ahnaip Street, Suite 100
Menasha, WI 54952

PROTEST PROCEDURES

Applicability.  These   protest   procedures   apply   to   all   Valley Transit   formal   competitive solicitations, unless different procedures are included in the documents.  Solicitations that intend to utilize the protest procedures set forth herein should include a reference to these procedures.  As used in this section, an “interested party” is any person or entity that has timely submitted a bid or proposal in response to a formal solicitation.  Protests may only be filed by an interested party.

Guidelines for Protests

Strict compliance.   Strict compliance with the protest procedures is required. No statement by Valley Transit employees, officers, or agents will modify or otherwise alter the protest procedures.  Only Valley Transit’s governing boards are authorized to modify these procedures, or the protest procedures set forth in the applicable procurement documents.

Exhaustion of Remedies Required Prior to Pursuing Protest with Federal Funding Agency or any legal action in any court or tribunal.  The protest procedures are intended to constitute administrative remedies that must be exhausted prior to an interested party commencing any legal action or requesting review by any applicable federal funding agency.

Deadline.   Protests must be filed promptly after the basis for the protest is known, but no later than:

Protests relating to the solicitation must be submitted in writing no later than five (5) working days from the date of the first published advertisement.
Protests relating to the evaluation process must be submitted in writing no later than five (5) working days from the postmarked date of written evaluation correspondence sent by the General Manager to the Provider.
Protest relating to the award must be submitted in writing no later than five (5) working days from the date of the award.
Protests relating to post-award issues must be submitted in writing no later than five (5) working days from the date that the protestor verbalizes the concern to the General Manager.
Requests for reconsideration (if data becomes available that was not previously known, or there has been an error of law or regulation) or appeal to a higher level must be submitted in writing no later than seven (7) working days from the date of the initial determination.

Contents Of Protest.  Protests must clearly identify the interested party and the solicitation involved in the protest.  Protests must completely and succinctly state each and every ground for protest in detail, its legal authority for each protest allegation, and the factual basis for such protest.  The protest must include all factual and legal documentation in sufficient detail to establish the merits of the protest. Items that are not included in a protest shall be deemed waived and uncontested.

Filing Of Protest.   Protests must be delivered to the Valley Transit offices at 801 S. Whitman Ave., Appleton WI 54914 during normal business hours (but in no event later than 5:00 p.m.) on or before the applicable deadline.  Protests must be directed to the attention of the General Manager of Valley Transit.

Resolution 

Protests will be decided on the basis of written submissions and any other fact finding determined necessary or appropriate by Valley Transit.  Valley Transit may establish a protest evaluation team, and may consult with its legal counsel.

General Manager Response

Upon receipt of a written protest, the General Manager will meet with the protestor within five (5) working days and attempt to resolve the matter informally.  If information provided at the conference is to be considered in the protest decision it must be submitted in writing within three (3) days of the conference.  The General Manager will respond in writing within five (5) working days of the meeting to each substantive issue raised in the written protest.

If the protestor is not satisfied and indicates an intention to appeal to the next step, the General Manager will temporarily suspend the solicitation process, provided that the protest has been timely filed before award, unless it is determined that:
Delivery or performance will be unduly delayed by failure to make the award promptly; or
Failure to make prompt award will otherwise cause harm to Valley Transit.

Each prospective Provider/Requestor will be advised of the pending protest if the protest is filed before award.

Decision On Protest.  The General Manager will issue a written decision regarding the protest within thirty (30) days after the filing of the detailed statement of protest.

Local Appeal Procedure

If the protestor makes a timely appeal of the General Manager’s decision the matter will be forwarded to the Fox Cities Transit Commission (FCTC) for their review.  The protestor will be notified in writing of the date that the appeal will be heard.  The recommendation of the FCTC will then be forwarded to the Appleton Common Council for ultimate local disposition of the protest.

FTA Funded Projects

When the protest involves an FTA funded project, the contract administrator will disclose information regarding the protest to FTA, and will keep the FTA informed about the status of the protest. If the protest alleges that Valley Transit has failed to follow its written bid protest procedures, the protestor may ask that FTA review the protest in accordance with FTA C4220.1E.

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