HomeMy WebLinkAboutFilling of an Application
Augusta Richmond GA
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AUTHORIZING RESOLUTION
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
GEORGIA DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT
OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT FOR
PUBLIC TRANSPORTATION ASSISTANCE UNDER TITLE 49 U.S.c. SECfION
5311.
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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 financial 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
comply with Title VI of the Civil Rights Act of 1964 and the United States Department
of Transportation requitements thereunder; and
NOW THEREFORE, BE IT RESOLVED BY Augusta-Richmond County Commission,
hereinafter referred to as the "Applicant," -\
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1. That the Mayor of the Augusta-Richmond County Commission
hereinafter referred to as the "Official," is authorized to execute and file an
application on behalf of the Applicant, a city/county government, with the
Georgia Department of Transportation to aid in the financing of public
transportation assistance pursuant to Title 49 U.S.c. 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 purposes 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,
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5. That the Official is authorized to execute grant contract agreements on
behalf of the Applicant with the Georgia Department of Transportation in
connection 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 the Federal statutes,
regulations, executive orders and administrative requirements as listed in
Appendix 1 of Ff A Circular 9100, 1B and as also included in Appendix H
of the Georgia State Management Plan and Administrative Guide for
Rural and Small Urban Areas inclusive.
. 7. That the Applicant has or will have available in the General Fund the
requited non-federal funds to meet local share requirements.
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Signed, sealed and delivered this
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/Notary Public
Notary Seal
QlDgQAn:iUc. Richmond County, Georgia
uytommlssion Expire~ Dc::. 5.2001
29 day of September, 19!1l... In the
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CERTIFICATE
The undersigned duly qualified and acting Lena J. Bonner
of Clerk of C~;i.on certifies that the foregoing is a true and correct
copy of a resolutio opted,at a h:gally eOflH.nca meetiBg Bela (}ft ~ ,
19
Clerk of Commission
Title of Certifying! Attesting Officer
County Seal
EXIDBIT 8
SPECIAL SECTION 13(c) WARRANTY FOR APPLICATIONS
TO THE SMALL URBAN AND RURAL PROGRAM
The following-language shall be made a part of this contract of assistance with the
State or other public body charged with allocation and administration of funds
provided under Section 5311 of this Act:
A. General Application
The Public Body Georgia Department of Transportation 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 selVices assisted by
the Project Augusta-Richmond County and the transportation related to
employees of any other surface public transportation providers in the
transportation selVice area of the project.
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The Public Body shall provide to the Department of Labor and maintain "at all
times 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 selVice 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 providers in the transportation selVice area of the
Project. It shall be an obligation of the Recipient and any other legally
responsible party designated by the Public Body to assure that any and all
transportation selVices 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, selVice, or operation assisted by Federal funds, but shall include
any changes, whether organizational, operational, technological, or otherwise,
which are a result of the assistance provided. The phrase "as a result of 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,
EXHIBIT 8
that volume and character of employment brought about by causes other than the
Project (including any economies or 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 this 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
. &~rvices; or exhaustion of Project funding shall not be deemed eligible for a
~ismissal for displacement allowance within the meaning of paragraphs (6) and (7)
of the Model.agreement or application provisions of substitute comparable
arra~gements.
(2)(a) Where employees of a Recipient are represented for collective bargaining
purposes, all Project services provided by the 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 repr~sented 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 ~ny jobs
in the Recipients's employment available to be filled by such affected employees.
(2)( c) The procedurcs 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 application
of the terms and conditions of this arrangement shall commence immediately. if
no 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 our prior to the institution of the
intended action.
(3) For the purpose of providing the statutory required protections including those
specifically mandated by Section 13( c)of the ActL 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 13( c) Agreement executed
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 tenninated or laid off; and (5) paid training and retraining programs, Such
arrangements 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) (I) of the Act of February 4, 1987 (24 Stat. 379), as amended.
EXIDnUT 8
July 23, 1975, identified below., 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 qetween the parties at interest within thirty (30) days after the dispute or
- controversy first arises, may be referred by any such party designated to any final
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
inpa(tial third party designated by 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, i! shall be his obligation to identify the Project and specify
the pertinent facts of the Project relied upon. It shall them be the burden of
either the Recipiept or other party legally responsible for the application of these
conditions to proved 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. \
(5) The Recipient or other legally responsible party designated by the Public Body
will be fin'anciaIly 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 with sixty (60) days of the date he is terminated
or laid off as a result of the Project, 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
sU,ch 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 right of any union or of any represented employee derived from any
other agreement or provision of Federal, state, or local law.
. For purposes of this warranty arrangement, paragraph (I); (2); (.5); (1.5); (22); (23); (24); (26); (27); (28); and
(29) of the Model Section l3(c) Agreement, executed July 23, 197.5 are to be omitted
EXlUBIT 8
(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 legally responsible party designated by the Public
Body shall provide or provide for such training or retaining at no cost to the
.~ employe,e.
(8) The Recipient will post, in a prominent and accessible place, a notice stating
that the recipient has received federal assistance under the Federal Transit Act
and has agreed to comply with the provisions of Section 13 (c) of the Act. 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 details 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 organizatiqn which is the collective bargaining representation of
employees covered by these arrangements, may become a party to these
arrangements by s~rving 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 tl,~ Labor.
(lD) In the event the Project is approved for assistance under the Act, the
foregoing terms and conditions shall be made part of the contract of assistance
between the federal government and the Public Body or Recipient of federal
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 of any
other surface public transportation providers in the transportation service area
who could be potentially affected by the Project. a 3D-day notice of proposed
waiver will'be given by the Project. A 3D-day notice of proposed waiver will be
given by the Department of Labor an9 in the absence of timely objection, the
waiver will become final at the end of the 3D-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.
EXHIBIT 8
D. Acceptance
Augusta-Richmond County does hereby adopt and accept all terms and conditions
of the Special 13 (c) Warranty. Furthermore, Augusta-Richmond County assures
that this agreement will be in force during the contractual period with the Georgia
Department of Transportation for assistance under Section 5311 of the Federal
Transit Act.
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Officer
ayor
Title of Authorized Officer
TIis doculnenl applOYtd u
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EXHIBIT 8
Listing of Recipients, Eligible Surface Public Transportation
Providers and Labor Representation
Project Recipients Other Surface Union
Public Representation of
Transportation Employees, If Any
Providers
,
Application for Augusta- Richmond Augusta Cab Co. Greyhound Bus Line
public County, GA Curtis Cab Inc. Southeastern Stages
transportation Radio Cabs Greydane Tours
funds under Mar-Ioe Medical Trans. Shuttle Express
Section 5311 Greyhound Bus Line Augusta Public Transit
Formula Grant . Medi-Cab
Program for Bus Travel Center
general . ARC/Safety Cab Inc.
transportation Super Cab
service in Dutch Boy
Augusta-Richmond Southeastern Stages Inc. -\
County, GA Griffins Express "
Savannah Rivers
Yellow Cab
Lewis Bus Line
I ackson Bus Line
EXHIBIT 3
FEDERAL FY 1998 CERTIFICATIONS AND ASSURANCES
FOR FfA ASSISTANCE
The applicant agrees to comply with applicable requirements of Categories I - XIII
(The Applicant may make this selection in lieu of individual selections below.)
OR
The Applicant agrees to comply with the applicable requirements of Categories I - XV
(The Applicant may ptake this selection in lieu of individual selections below.)
I. Certifi.cations and Assurances Required of Each Applicant
II. Lobbying Certification
III. Effects on Private Mass Transportation Companies
IV. Public Hearing Certification of major Projects with Substantial Impacts.
V. Certification for the Purchase of Rolling Stock.
VI. Bus Testing Certification.
VII. Charter Service Agreement
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VIII. School Transportation Agreement
IX. Certifications for Demand Responsive Service
X. Substance Abuse Certifications
Xl. Assurances for Projects Involving Real Property
XII. Certifications for the Urbanized Area Formula Program
XIII. O:rtifications for the Elderly and Persons with Disabilities Program
XIV. Certification for the Nonurbanized Area Formula Program
XV. Certifications for the State Infrastructure Bank (SIB) Program
Federal RegisterNol 61, No. 195/Mon 1O-7-96/pg. 52561 (see Appendix i of this document)
Exhibit 3
ITA CERTIFICATIONS AND ASSURANCES FOR FEDERAL ASSISTANCE FY 1998*
Name of Applicant: Augusta-Richmond County Commission
Name and Relationship of Authorized Representative:
BY SIGNING BELOW I, Larry E. Sconyers (name) declare that I the
App!icant have b<:en duly authorized to make these certifications and assurances on the Applicant's behalf
and'bi)id.the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statues,
regulations, executive orders, and administrative guidance required for each application it makes to the
Federal Transit Administration (ITA) in Federal Fiscal Year 1997.
Larry E. Sconyers, Mayor
FfA intends that the certifiaations and assurances the Applicant selects on page 1 of this form, as
representative of the certifications and assurances in Appendix A *, should app as required, to each
project for which the applicant seeks now, or may later, seek ITA assistance durO Federal fiscal year
1997.
The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has ma e in the
statements submitted herein with this document and any other submission made to FfA, and acknowledges
that the provisions of the Program I;raud Civil Remedies Act of 1986, 31 U.S.c. 3801 et ~., as
implemented by the U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any
certification, assurance or submission made to FfA. The criminal fraud provisions of 18 U.S.c. 1001 apply
to any certification, assurance, or submission made in connection with the Urbanized Area Formula
Program, 49 U. S, C. 5307, and may apply to any other certification, assurance, or submission made in
connection with any other program administered by FTA.
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In signing this document, I declare under penalties of pe . ry that the foregoing certifications and
assurances, and any other statements made by me 0 f of the PI" t are true and correct.
Date: ~'t: 29; /997
enta ve 0 Ap I nt Mayor ~
(Except in the case of projects under FfA's university research training program authorized oy 49 U.
S. C. 5312 (b), the Applicant's legal counsel is required to affirm the legal capacity of the Applicant.)
AFFIRMATION OF APPLICANTS ATfORNEY
. 6commission
for Augusta-Rlchmond County Name of Applicant)
As the undersigned legal counsel for the above llamed Applicant I hereby affirm 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 affirm 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 threatened
that might adversely affect the validity of these certifications and assurances, or of the performance of the
project. Furthermore, if I become aware of circumstances that change the a acy of the foregoing
statements, I will notify the Applicant and ITA.
<1 J~1 /97
f l
Applicant's Attorn
Date:
*Federal RegisterNol 60, No. 226IFri 11-24-95/pg. 58194 (see Appendix H of this document)
CERTIFICA nON OF NO INTENT OF CHARTER SERVICE
Augusta-Richmond County certifies that it does not intend to provide charter service with Ff A
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
Tm~s~ortation ~o less that 90 days prior to implementation of this service.
DATE:
'Cf)L'I/Q7 .
Larry E. Sconyers .Mavor
Name and Title of Authorized Officer
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Exhibit 6A
PRIVATE ENTERPRISE COORDINATION
List of priv~te operators operating in the service area:
,
Augusta Cab Company
Curtis Cab InC'.
Radio Cabs
Dutch Boy Motor Cpach
Greyhound Bus Line
Medi-Cab
Bus Travel Center
ARC/Safety Cab Inc.
Mar-Jo Medical Transit
Super Cab
Lewis Bus Line
Southeastern Stages Inc.
Griffins Express
Savannah Rivers Charters
Greydane Tours
Shuttle Express
Yellow Cab
Augusta Public Transit Paratransit
Jackson Bus Line
Date Notifies: Auqust 28, 1.997
Attach Notice and Affidavit frQm newspaper* or letter sent to private providers.
Last Day to Respond:
September 18, 1997
Augusta-Richmond County Commission will annually review existing selVice and\~ny 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 selVice 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.
Larry E. Sconyers, Mayor
Name and Title of Authorized Officer
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*Only one publisher's affidavit is needed per notice if combine with public hearing notice.