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HomeMy WebLinkAboutFilling of an Application Augusta Richmond GA . DOCUMENT NAME: ~\\ \ '(1(:j at- Q.r) o..\;~\ \ ~ Oil) DOCUMENTTYPE:~~()\LA~~ YEAR: C\i BOX NUMBER: O~ FILE NUMBER: \~l.\ NUMBER OF PAGES: \ ~ -. ) ,;,1 .~~ // //) 6L...-J , 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. . 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," -\ , 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, ,r.-' 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. '2-tj--r}:. day of ~ f- , 19 fl. ~ ~OI~'~S tvlQ.1"'" Thi. ~Ulll.nt l~'d at ~lncl rm. ).."1- ate Signed, sealed and delivered this presence of ~~ Itness A...t~lr; ~ /Notary Public Notary Seal QlDgQAn:iUc. Richmond County, Georgia uytommlssion Expire~ Dc::. 5.2001 29 day of September, 19!1l... In the -\ 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. \ 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. s'r. ~9 .19~ Officer ayor Title of Authorized Officer TIis doculnenl applOYtd u ~l:V'i -\ 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 '\ 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. '\ 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 ~~q~ 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 Tlllt' dCt~ 1IlP't"'~ u ~~I *Only one publisher's affidavit is needed per notice if combine with public hearing notice.