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HomeMy WebLinkAboutFederal Fy 2000 Certifications & Assurances For FTA Assistance Augusta Richmond GA DOCUMENT NAME: f~~ ~L\ dOCX) c.ex-n~conoo~ ~ Q<2,SU~()."tt~ -\bx- ~+o O~\~-\-OnC-~ DOCUMENT TYPE: YEAR: C() BOX NUMBER: \ \ FILE NUMBER: Y5\L\ \ NUMBER OF PAGES: \5 EXlllBIT 3 FEDERAL FY 2000 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE* Name of Applicant: Augusta-Richmond County The Applicant agrees to comply with applicable requirements of Category I-XV. X (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant. II. Lobbying Certification. III, Certification pertaining to effects on Private Mass Transportation Companies. IV. Public Hearing Certification for a Project with Substantial Impacts. V. Certifications for the Purchase of Rolling Stock. VI. Bus Testing Certification. VII. Charter Service Agreement. VIII. School Transportation Agreement. IX. Certification for Demand Responsive Service. X. Substance Abuse Certifications. XI. Certification Required for Interest and Other Financing Cost XTI. Certification and Assurances for the Urbanized Area Formula Program and Job Access & Reverse Commute Program XIII. Certification and Assurances for Elderly and Persons with Disabilities Program. XIV. Certifications and Assurances for N onurbanized Area Formula Program. XV. Certification and Assurances for the State Infrastructure Bank (Sm) Program. (Both sides of this Signature Page must be appropliately completed and signed where irJdicated.) EXHmIT 3 (Page 2 of2) FEDERAL FISCAL YEAR 2000 FfA CERTIFICATIONS AND ASSURANCES* Required of all Applicants for FT A financial assistance and all FT A Grantees with an active project receiving capital program or fonnula program assistance. ~'ik riq, ~'t' v,..." "CL Name of Applicant: Al:I~l:IJtA Riehmel'la Cem,t'\- Name and Relationship of Authorized Representative: Bob Young, Mavor BY SIGNING BELOW I, Bob Young, Mavor declare that I Applicant have been duly authorized to make these certifications and assurances on the Applicant's behalf and bind the Applicant's compliance. Thus, the Applicant agrees to comply \yith all Federal statues, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FT A) in Federal Fiscal Year 2000. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certification and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2000. The Applicant affinns the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FT A, and acknowledge that the provisions of the Program Fraud Civil Remedies Act of 1986,31 U.S.C. 3801 et seq" as implemented by US, DOT regulations, "Program Fraud Civil Remedies", 49 CFR part 31 apply to any certification, assurance, or submission made to FTA. The criminal fraud provisions of 18 V.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Nonurbanized Area Formula Program 49 U.S,C. 5311, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FT A. Date: /~ ./2.1J/) ~ a. {)W Authorized Repre AFFIRMA nON OF APPLICANTS ATTORNEY ~r'~<;;+t!'/ 6e~~'c,- For Al:Igl:lJt RicI.ll.Olld CCI In signing this document, I declare under penalties of perjury that the forego' other statements made by me on behalf of the Applicant are true and corr t. As the undersigned legal counsel for the above named Applicant, I hereby affinn that the Applicant has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affinn that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the perfonnance of the project. Furthennore, if! become aware of circumstances that change the accuracy of the foregoing statements, I will notify the Applicant and FTA promptl~. "'J h. L Date 0/1 f / "CO b (. / d/ .-vriz/I , / Applicant's Attorney / An attorney for the Applicant must provide an affinnation of the Applicant's legal capacity, unless the Applicant seeks only a FT A university and research training grant authorized by 49 U.S,C. 5312(b). In addition, an attorney for a Capital Program Grantee or Formula Program Grantee with an active project must provide an affinnation of the Grantee's legal capacity. FT A Certifications and Assurances for Fiscal year 2000 *Federal RegisterNol.64 No. 208rrhursday, October 28,1999 EXHIBIT 4* (Page 1 of2) Georgia Intergovernmental Consultation Process Intergovernmental Coordination Form Applicant: ~~t;t:JH~'a.. Project Name: &~"~~ansit IA..Sl-dL Applicant's Address: . Transit 1535 Fenwick Street Au usta GA 30904 Name and Title of Contact Person: Cecilia 1. Ashley, Public Transportation Coordinator Phone: 478-552-4634 Impacted City/Cities: Impacted County/Counties: Richmond Project Description (Nature, Purpose, Location): This County provides transportation for all residents and is operated under the auspices of the County government. The primary purpose is to provide transportation to the handicapped, elderly and non-driving public as well as any other citizen of the County in need of transportation. FUNDING Federal Catalog Number: 20.509 Source $Amount Federal Program Name: Section 5311 Basic Federal Grant State Matching Grant $ 65.478 $ 5,000 Federal Agency Name: Federal Transit Administration Federal Agency's Address: Atlanta Federal Center, Suite 17T50 61 Forsyth St. $, W., Atlanta, GA 30303-3109 Local Matching Grant $ 30,479 Other Matching Grant $- Name and Title of Contact Person: Leonard Lacour, Planning and Grants Representative Telephone: (404)562-3515 Total Cost $100,957 Impacted R ~~ Mayor Title (# /rv~ 0 I D~te EXIDBIT 5 AUTHORIZING RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF TRANSPORT A TION, UNITED STATES OF AMERICA, FOR A GRANT FOR PUBLIC TRANSPORTATION ASSISTANCE UNDER SECTION 5311 OF THE FEDERAL TRANSIT ACT. WHEREAS, the Federal Transit Administration and the Georgia Department of Transportation are authorized to make grant to non-urbanized areas for mass transportation projects; and WHEREAS, the contract for fmancial assistance will impose certain obligations upon applicant, including the provision by it of the local share of project costs, and WHEREAS, it is required by the United States Department of Transportation and the Georgia Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will com~ly with Title VI of the Civil Rights Act of 1964 and the United States Department of Transportation J _1I1 ,:1 reqUIrements thereunder; and /I t ..Lt'_ QPi/e",..t. ~J ~ '7 fi,..... lCi-t.< J.;1( ~$i <n--I de ?~ ~ L<. st~ &;iffi/C...... NOW THEREFORE, BE IT RESOLVED BY {Augusta-Richmond couni hereinafter ~red to ~s the I iJ) "Applicant", / ? 1. That the Mayor hereinafter referred to as the "Official" is authorized to execute and file an application on behalf of the Applicant, a City/County govenunent, with the Georgia Department of Transportation to aid in the fmancing of public transportation assistance pursuant to Section 5311 of the Federal Transit Act. 2. That the Official is authorized to execute and file such application and assurances or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. 3. That the Official is authorized to execute and file all other standard assurances or any other document required by the Georgia Department of Transportation or the U.S. Department of Transportation in connection with the application for public transportation assistance. 4. That the Official is authorized to furnish such additional information as the U.S. Department of Transportation or the Georgia Department of Transportation may require in connection with the application of the project. 5. That the Official is authorized to execute grant contract agreements on behalf of the Applicant with the Georgia Department of Transportation in cOlU1ection with the application for public transportation assistance. 6. That the applicant while making application to or receiving grants from the Federal Transit Administration will comply with FT A Circular 9040.1E, FT A Certifications and Assurances for Federal Assistance 2000 as listed in Appendix H, and General Operating Guidelines as illustrated in Appendix C of the Georgia State Management Plan and Administration Guide for Rural Public Transportation Programs. 7. That the Applicant has or will have available in the General Fund the required non-federal funds to meet local share requirements. (page 2 of2) EXHIBIT 5 APPR~ ADO:ED this S/P day of t'Ile70,6cz.-, .2000. cI Ch~';;"1$o..t...F~_'io.eF . ~ 'Rob 't cfU.M.1 M ~ rI Name and lritle ' Signed, sealed and delivered this ~ day of &JfII~eL , 2000, in the presence of ~ 'tn&<~ 'NOlaryfUbIlC~ MaCIIY PutlUc. Richmond County, Georgi!! "!Jtomml&slor:l ExpIres Dec. 5. 2001 CERTIFICATE . bqurtq, &e.:7Y'i I~ The undersigned duly qualified and Aetiflg C6tiHfy Clerk of }.MgtlMa RieflmaH6 CetiHf)' certifies that the foregoing is a e and correct copy of a resolution adopted at a legally convened meeting held on , 2000. me of e Ifying! Attesting Officer CL-~ Title of Certifying! Attenting Officer County Seal EXIDBIT 6A PRIVATE ENTERPRISE COORDINATION List of private operators operating in the service area: Augusta Cab Co. Horizon Motor Coach Radio Cab A&M Tours Greyhound Bus Lines Augusta Tours Bus Travel Center Good News Express ARC/Safety Cab, Inc. Super Cab Community Cab Southeastern Stages Jackson Bus Line Savannah Rivers Charters Turner's Transportation Curtis Cab, Inc. Champion Coach Yellow Cab Lewis Bus Lines Greydane Gold Cross GDA Motor Coach Date Notified: Attach Notice and Affidavit from newspaper or letter sent to private providers. Last Day to Respond: t1<..~\A.~ &'rat'~ . . . ~ a RiehkeR blftty will annu~lly review existing service and any proposed service changes to determine the feasibility of private providers providing the public service. An annual review will be scheduled and a review format will be developed to carry out this task. Private providers will be notified and their interest in the service provision will be assessed. Private providers will be invited to attend and be a part of the annual review process. Additional Private Enterprise requirements are outlined in Appendix D, ~ /./L Signature of Auth rized 0 '80 \. ~ 0 ..."..,. M....., ~ ~ Name and Ti e of AuthorIZed Officer EXHmIT 6B NOTICE OF OPPORTUNITY FOR A PUBLIC HEARING PRIVATE ENTERPRISE COORDINATION TRANSPORTATION FOR THE DISABLED Au~ I.4st~1 ~r~ i a Aug.m:ta Ri@hrn01ui C€l1:mty is applying for funding assistance under Title 49 D.S.C. Section 5311 of Federal Transit Act pertaining to rural and small urban areas. ~s\C' I G.e6t<3 ia Augusta-Richmond County will offer general purpose transportation to all citizens of AugylSta Fi~~mQt:lrJ C61:1flF)' for any worthwhile purpose, including but not limited to shopping, medical treatment, recreation, social services, and other purposes. b\)s.\~l~~ia 1'" . d'" th..,. fi eta ~Ie .men e1*110' so ICItS pnvate sector mput an partIcIpatIOn to assure at pnvate-lor-pro It transportation operators have a fair and timely opportunity to participate in the development of this program. ~u..s-\- 'at Ge.or~ C\ :\l:lgl:lsta pjshmend 9YIlty also solicits comments and concern from the disabled population and their representatives to assure that issues relating to the disabled are addressed in the service design proposed during the planning process. Interested persons are invited to request that a public hearing be held to discuss the services being offered or development of the application. Written comments, requests for a public hearing and/or written notice of intent by private- for-profit transportation operators to provide or participate in any or all of the above services should be submitted no later than fifteen (15) days from the date of this publication to: Mr. Bob Young, Mayor ~u:.t1il1 0e0{'3 ill i"mgtlsta Richmond Count} 530 Greene Street Augusta, Georgia 30911 Ifno response is received by deadline date, :\Hgusta Riehmoad CS1:lHty and GDOT will proceed with the project as described. t't!J, -.~o.sta\ ~r~iw EXHIBIT 7B CERTIFICATION OF NO INTENT OF CHARTER SERVICE A~S+al Ge6r~ia Al:lg ta RielmieR Cel:ffity certifies that it does not intend to provide charter service with ITA funded .equipment or facilities during the operating period of this application. Should the Applicant decide to provide charter service, the Applicant will notify the Georgia Department of Transportation no less that 90 days prior to implementation of this service. DATE: I' /J."j. 0 , I ~ ~L ,Ma or uthorized Officer "' EXHIBIT 8 SPECIAL SECTION 5333(b ) WARRANTY FOR APPLICATION TO THE SMALL URBAN AND RURAL PROGRAM The following language shall be made a part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under Title 49 U.S.c. Section 5311: A. General Application The Public Body Georgia DOT agrees that, in the absence of waiver by the Department of Labor, the terms and conditions of this warranty, as set forth below, shall apply for the protection of the transportation related employees of any employer providing transportation services assisted by the A..t)()st Ga l.rl>rojecf:\ug1:lGta RieameRe Ce1:lflf.y, and the transportation related employees of any other surface public. . .~ a, "'31- transportation providers in the transportation service area of the Project. The Public Body shall provide to the Department of Labor and maintain at all time during the Project an accurate, up-to-date listing of all existing transportation providers which are eligible Recipients of transportation assistance funded by the Project, in the transportation service area of the Project, and any labor organizations representing the employees of such providers, Certification by the Public Body to the Department of Labor that the designated Recipients have indicated in writing acceptance of the terms and conditions of the warranty arrangements will be sufficient to permit the flow of Section 5311 funding in the absence of a finding of non-compliance by the Department of Labor. B. Standard Terms and Conditions (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient and any other legally responsible party designated by the Pu!,>lic Body to assure that any and all transportation services assisted by the Project are contracted for and operated in such a manner that they do not impair the rights and interests of affected employees. The term "Project", as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds, but shall include any changes, whether organizational, or otherwise, which are a result of the assistance provided. The phrase "as a result to the Project", shall, when used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any other program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about by causes other than the Project (including any economies of efficiencies unrelated to the Project) are not within the purview of this arrangement. An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his position with regard to his employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because of the total or partial termination of the Project, discontinuance of Project services, or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within tl1e meaning of paragraphs (6) and (9) of the Model agreement or applicable provisions of substitute comparable arrangements. (2)(a) Where employees of a Recipient are represented for collective bargaining purposes, all Project services provided by that Recipient shall be provided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. (2)(b) The Recipient or legally responsible party shall provide to all affected employees sixty (60) days' notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces. In the case of employees represented by a union, such notice shall be provided certified mail through their representatives. The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs in the Recipient's employment available to be filled by such affected employees. (2)( c) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a union for collective bargaining purposes. At the request of either the Recipient or the representatives of such employees negotiations for the purpose of reaching agreement with respect to the applications of the terms and conditions of this arrangement shall commence immediately. Ifno agreement is reached within twenty (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph (4) of this warranty. The foregoing procedures shall be complied with and carried out prior to the institution of the intended action. (3) For the purpose of providing the statutory required protections including those specifically mandated by 49 D.S.C. Section 5333(b)l, the public body will assure as a condition of the release of funds that the Recipient agrees to be bound by the terms and conditions of the National (Model) Section 5333 (b) Agreement executed July 23, 1975, identified below2, provided that other comparable arrangements may be substituted therefore, if approved by the Secretary of Labor and certified for inclusion in these conditions, (4) Any dispute or controversy arising regarding the application, interpretation, or enforcement of any of the provisions of this arrangement which cannot be settled by and between the parties at interest within thirty (30) days after the dispute or controversy first arises, may be referred by any such party to any fmal and binding disputes settlement procedure acceptable to the parties, or in the event they cannot agree upon such procedure, to the Department of Labor or an impartial third party designated by the Department of Labor for final and binding determination, The compensation and expenses of the impartial third party, and any other jointly incurred expenses, shall be borne equally by the parties to the proceeding and all other expenses shall be paid by the party incurring them, In the event of any dispute as to whether or not a particular employee was affected by the Project, it sh~ll be his obligation to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of either the Recipient or other party legally responsible for the application of these conditions to prove that factors other than the Project affected the employees. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. I Such protective arrangements shall include, without being limited to, such provisions as may be necessary for (1) the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise; (2) the continuations of collective bargaining rights; (3) the protection of individual employees against a worsening of their positions with respect to their employment; (4) assurances of employment to employees of acquired mass transportation systems and priority of reemployment of employees terminated or laid off; and (5) paid training and retraining programs. Such arrangem.ents shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no event provide benefits less than those established pursuant to Section (5) (2) (f) of the Act of February 4, 1987 (24 Stat. 379), as amended. 2 For pUIposes of this warranty arrangement, paragraph (1); (2); (5); (15); (22); (23); (24);(26); (27); (28); and (29) of the Model Section 13 @ Agreement, executed July 23, 1975 are to be omitted (5) The Recipient of other legally responsible party designated by the Public Body will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by these arrangements, or the union representatives of such employee may file claim of violation of these arrangements with the Recipient within sixty (60) days of the date he is terminated or laid off as a result of the Proj ect, or within eighteen (18) months of the date his position with respect to his employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over an extended period, the 18- month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. (6) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements, nor shall this arrangement be deemed a waiver of any rights or any union or of any represented employee derived from any other agreement or provision of federal, state, or local law. (7) In the event any employee covered by these arrangements is terminated or laid off as a result of the Project, he shall be granted priority of employment or reemployment to fill any vacant position within the control of the Recipient for which he is, or by training or retaining within a reasonable period, can become qualified. In the event training or retaining is required by such employment or reemployment, the Recipient or other legally responsible party designated by the Public Body shall provide or provide for such training or retaining at no cost to the employee. (8) The Recipient will post, in a prominent and accessible place, a notice stating tha.t the recipient has received federal assistance under the 49 U.S.C. Chapt~r 53 and has agreed to comply with the provisions with 49 U.S,C. This notice shall also specify the terms and conditions set forth herein for the protection of employees. The recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper application, administration, and enforcement of these arrangements and to the proper determination of any claims arising thereunder. (9) Any labor organization which is the collective bargaining representative of employees covered by these arrangements, may become a party to these arrangements by serving written notice of its desire to do so upon the Recipient and the Department of Labor. In the event of any disagreement that such labor organization represents covered employees, or is otherwise eligible to become a party to these arrangements, as applied to the Project, the dispute as to whether such organization shall participate shall be determined by the Secretary of Labor. (10) In the event the Project is approved for assistance under 49 D.S.C. Chapter 53, the foregoing terms and conditions shall be made part of the contract of assistance between the federal government and the Public Body or Recipient offederal funds; provided, however, that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties thereto, and by any covered employee or his representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties hereto, in accordance with its terms. C. Waiver As a part of the grant approval process, either the Recipient or other legally responsible party designated by the Public Body may in writing seek from the Secretary of Labor a waiver of the statutory required protections. The Secretary will waive these protections in cases, where at the time of the requested waiver, the Secretary determines that there are no employees of the Recipient or of any other surface public transportation providers in the transportation service area who could be potentially affected by the Project. A 30-day notice of proposed waiver will be given by theDepartment of Labor and in absence of timely objection, the waiver will become final at the end of the 30-day notice period. In the event of timely objection, the Department of Labor will review the matter and determine whether a waiver shall be granted. In the absence of waiver, these protections shall apply to the Project. D. Acceptance ~~ Cr-c.o..~ i ~ ~ -Ri.shmeR8 C61:fflty does hereby adopt and accept all terms and conditions of the Special Section 5333(b) Warranty. Furthermore, . sures that this agreement will be in force during the contractual period with the Georgia Depa ent of Transportation for assistance under Section 5311 of the Federal Transit Act. Executed this /2 t!- day of t:k:t- LeaD , 1~~~. Av~u.sta, ~f~.\a ~~ EXHIBIT 8 LISTING OF RECIPIENTS, ELIGIBLE SURFACE PUBLIC TRANSPORTATION PROVIDERS AND LABOR REPRESENTATION PROJECT RECIPIENTS OTHER SURF ACE PUBLIC UNION TRANSPORTATION REPRESENTATION PROVIDERS OF EMPLOYEES, IF ANY Application for public Augusta Cab Co. Greyhound Bus Lines Transportation funds ARC/Safety Cab, Inc. Southeastern Stages under Section 18 Formula Augusta, Georgia Curtis Cab, Inc. Grant Program for Super Cab general transportation Radio Cab A & M Tours Yellow Cab Southeastern Stages Lewis Bus Lines Greyhound Bus Lines Jackson Bus Line Augusta Tours Savannah Rivers Charters Gold Cross Bus Travel Center Greydane Good News Express Community Cab Turner's Transportation Horizon Motor Coach Champion Coach GDA Motor Coach EXHIBIT 9 ANNUAL TITLE VI UPDATE ~6k Q' e.,c-<'~'ll- ft mekBl8Bd 01lBty Section 5311 Program A.(.c;ll~;i~.1 G;crY~) 6t 1. No lawsuits or complaints have been filed against ~1:lllta R1ehmeR9lt:gY.R~' Section 5311 program. 2. ~r5~~~'; Section 5311 program has not applied for any other financial assistance. 3. No Civil Rights compliance review activity has been conducted in the last three years. .: . EXHIBIT 10 Substance Abuse Certification I, Bob Young, Mayor, Certify that A~~~htf~iy and its ~ontractors, as required, For the Section 5311 Rural Public Transportation Program, has established and implemented an alcohol misuse prevention program in accordance with the terms of 49 CPR, Part 654 and has also established and implemented an anti-drug program in accordance with the terms of 49 CFR, Part 653. I further certify that the employee training conducted under this part meets the requirements of 49 CFR, Part 65 . ~~ /tl,.2JD I ' (Date)