Section 415-2-007 - REQUIREMENTS OF RECIPIENTS007.01 OPERATING ASSISTANCE AGREEMENT REQUIREMENTS: Each applicant, upon acceptance as a recipient will be required to enter into an agreement with the State. The agreement will contain but not be limited to the following items and stipulations: 007.01AAgreement periods will not exceed two years in length.007.01B Agreements must state the maximum amount of subsidy and the maximum percent of eligible operating deficits which will be subsidized.007.01C Applicant must agree to provide local-matching funds and to credit the State with its proportionate share of any refund of previously-claimed eligible operating deficit.007.01D Applicant must agree to use competitive bidding procedures when purchasing eligible equipment.007.01EApplicants must agree to include these same contract stipulations when subcontracting for service.007.01FApplicants must agree to submit reports as required by the State.007.01GSubsidy payments will be made not more than once every month.007.01H Applicants must agree to allow audit of equipment and records.007.01I Conditions under which the State may terminate the agreement.007.01J Provisions for changing the agreement.007.01KProhibition of conflict of interest.007.01L Applicant must agree to hold the State harmless for damage claims.007.01M Applicant must agree to maintain third-party liability insurance or, if permitted by law, maintain a self-insured program.007.02 CAPITAL ACQUISITION AGREEMENT REQUIREMENTS007.02A Applicant must adhere to the applicable grant requirements as outlined in 7.1.007.02B Vehicle must be used in the provision of transportation for the public in the service area defined by the applicant.007.02C Applicant must submit local match payment to the Nebraska Department of Transportation prior to the vehicle being turned over to the applicant007.02D Applicant must agree to request prior approval from the Nebraska Department of Transportation before altering the vehicle.007.02E Title of the vehicle must be in the name of the Applicant unless the Nebraska Department of Transportation permits transfer of title.007.02F Applicant shall have and maintain a scheduled vehicle maintenance program in a format approve by the Nebraska Department of Transportation.- The vehicle will be maintained with cleanliness, a high level of repair, be mechanically sound and operate safely.007.02G Applicant may not execute any transfer of title, lease, lien pledge, mortgage, encumbrance, contract, grant anticipation note, alienation or other obligation that in any way affects the Federal interest in the vehicle.007.02H If vehicle is withdrawn from transportation service, the Applicant will immediately notify the Nebraska Department of Transportation. Vehicle will then be disposed of in a manner determined by the Nebraska Department of Transportation.007.02I Applicant will not dispose of the vehicle without prior approval of the Nebraska Department of Transportation. Vehicle will be disposed of following the guidelines in the most recent approved State Management Plan. 007.03 REIMBURSEMENT AND REPORTING REQUIREMENTS007.03A Subsidy payments will be made on a reimbursement basis, not more than once every month.007.03B Request for subsidy payment and data reporting will be made by submitting, each month, the necessary reimbursement request via the Nebraska Department of Transportation's online portal system, which will be completed with sufficient detail to assure the State that the requested subsidy is justified.007.04 PETITION FOR DENIAL OF FUNDS 007.04A Any public purpose organization proposing to provide public transportation denied financial assistance may submit a petition to the Nebraska Department of Transportation requesting the department to reclassify the proposed service area as not being adequately served by existing services.007.04B The petition will bear the signatures of at least fifty registered voters residing in the proposed service area.007.04C Upon receipt of the petition, the Nebraska Department of Transportation will hold a public hearing in the proposed service area and will determine whether the proposed service area is already adequately served.007.04D The public hearing will be conducted by the Hearing Officer or designee pursuant to the Administrative Procedure Act. The Hearing Officer of designee will promptly give notice of an order granting, denying or modifying intervention to the petitioner and to all parties, the Nebraska Department of Transportation will not be required to conduct a reevaluation hearing for an area more frequently than once a year.007.05 ACCOUNTING AND AUDITING REQUIREMENTS 007.05A Records concerning costs which will be claimed for reimbursement must be kept in conformance with the guidelines contained in most current "Award Management Requirements" circular as published by the Federal Transit Administration. 007.05B in order to properly account for eligible reimbursements under the program, cash basis or accrual basis accounting is acceptable as long as such system is consistent throughout each agreement period,415 Neb. Admin. Code, ch. 2, § 007
Amended effective 7/28/2021