HomeMy WebLinkAboutGrant for Public Transportation Assistance
Augusta Richmond GA
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YEAR: /99 &
BOX NUMBER: J
FILE NUMBER: I c9 &--:?- 4
NUMBER OF PAGES: II
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DATE:
TO:
FROM:
RECREATKON AND PARKS DEPARTMENT
2027 LUMPKIN ROAD
P,O, BOX 5596
AUGUST.A GEO GA30 6 6 ,..,...,"-' "'"-'-"'~._'~_~:-",~H'''h''"''_
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SfP 3 7996
(AUGUSTA,RICHMOND
Mrs. Linda w. Be~ COUNTY CO"IS~8,jJ
Thomas F. BOYle~~
August 21, 1996
fOCHMOND COUNrv
o OF COMM!SSIONERS OFFICE
Please place the attached Authorizing Resolution and documents for the 1997
Application for the Transit Division of Richmond County Recreation and Parks
Department on the agenda for the September 3, 1996 meeting of the Augusta-
Richmond County Commission - CounciL
Thank you.
THOMAS F. BOYLES
Director
(706) 796-5025
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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 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 financia.l assistance will impose certain o.bligations upon applicant,
including the provision by it of the local share of proj ect 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 filling 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 requirements thereunder; and
.NOW THEREFORE, BE IT RESOLVED BY Augusta-Richmond County, hereinafter
referred to as the "Applicant,"
1. That the Mayor/Chairman of the Augusta-Richmond County Commission-
Council 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,ofpublic
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 ciocument 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 additiomil information as the U.S.
Department of Transportation or the Georgia Department of Transportation may
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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 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 ofFTA Circular 9100, IB and as also included in Appendix D ofthe
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 required
non-federal funds to meet local share requirements.
day of September , 19~.
Larry E. Sconyers
Name and Title
3 day of September , 19~ In the presence of
Notary Pllblic
Notary Seal
CERTIFICATE
The undersigned duly qualified and acting Clerk of Commission-C.ollnd 1 of
Augusta-Richmond County certifies that the foregoing is a true and correct copy
of a resolution adopted at a legally convened meeti g held on September 3 , 19~.
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Clerk of Commission-Council
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County -Seal
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Title of Certifying/Attesting Officer
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CERTIFICATION OF NO INTENT OF CHARTER SERVICE
Augusta-Richmond County certifies that it does not intend to provide charter service with FT 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
Transportation no less that ,90 days prior to implementation of this service.
DATE: September 3, 1996
Larry E. Sconyers . Mayor! Chairman
Name and Title of Authorized Officer
Exhibit 3
FTA CERTIFICATIONS AND ASSURANCES FOR FEDERAL ASSISTANCE FY 1997*
Name of Applicant: Augusta-Richmond County
Name and Relationship of Authorized Representative: Larry E. Sconyers, Mayor
BY SIGNING BELOW I, Larry E. Sconyers (name) declare that I the Applicant have
been duly authorized to make these certifications and assurances on 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 (FT A) in Federal Fiscal Year 1996.
FT A intends that the certifications and assurances the Applicant selects on page 1 of this form, as representative of
the certifications 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 1996.
The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the
statements submitted herein with this document and any other suvmission make to FTA, and acknowledges that the
provisions of the Program Fraud Civil Remedies Act of 1986,31 U,S.C. 380 I ~ ~" as implemented by the U,S.
DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assuarnce or
submission made to FT A. The criminal fraud provisions of 18 U,S,C, 1001 apply to any celiification, 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 0
any other statements made by me on behalf of the A
September 3, 1996
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Date:
AFFIRMATION OF APPLICANT'S ATTORNEY
for Augusta-Richmond Co. (Name of Applicant)
As the undersigned legal counsel for the above named 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 accurancy of the foregoing statements, I will
notify the Applicant and FTA,
Date: Vo/9t
*Federal RegisterN 01 60, No, 226/Fn 11-24-95/pg, 58194 (see Appendix H of this document)
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Exhibit 6A
PRIV A TE ENTERPRISE COORDINA nON
List of private operators operating in the service area:
Augusta Cab Company ARC/Safety Cab Inc.
Curtis Cab Inc. Kiddie Kab
Radio Cabs Super Cab
Mar-Joe Medical Transportation Dutch Boy Motor Coach
Greyhound Bus Line Southeastern Stages Inc.
Medi-Cab Griffins Express
Bus Travel Center Savannah Rivers Charters
Augusta Trans Care
Love's Mini Express
Yellow Cab
Lewis Bus Line
Jackson Bus Line
Charter Bus Co.
Date Notifies:
Attach Notice and Affidavit from newspaper* or letter sent to private providers.
Last Day to Respond:
Augusta-Richmond County will annually 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 review format will be developed to carry out this task. Private
operators 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 C.
DATE:
Signature of Authorized Officer
Name and Title of Authorized Officer
*Only one publisher's affidavit is needed per notice if combine with public hearing
notice.
EXHIBIT 7
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 Inc.
transportation Radio Cabs
funds under Mar-Joe Medical Trans.
Section 5311 Greyhound Bus Line
Formula Grant Medi -Cab
Program for general Bus Travel Center
transportation ARC/Safety Cab Inc.
service in Kiddie Kab
Augusta-Richmond Super Cab
County, GA Dutch Boy Motor Coach
Southeastern Stages Inc.
Griffins Express
Savannah Rivers Charters
Augusta Trans Care
Love's Mini Express
Yellow Cab
Lewis Bus Line
Jackson Bus Line
Charter Bus Co.
Exhibit 7 A
SPECIAL SECTION 13(c) WARRANTY FOR APPLlCA nONS
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 services assisted by t~e Project Augusta-Richmond county and the transportation
related to employees of any other surface public transportation providers in the transportation
service 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 oftransportationassistance funded by the Project, in the transportation service area of
the Project, and any labor organizations representing the employees of such providers.
Certification of 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 penn it the flow of Section 531 ~ 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 tenns and conditions as will
not adversely affect employees of the Recipient and of any other surface public transportation
providers in the transportation service area cifthe 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 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, technological, or otherwise,
which area 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 ofthe 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 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 this Project, but who is
dismissed, displaced or otherwise worsened soley 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 the meaning paragraphs (6) and (7) of
the Model agreement or applicable provisions of substitute comparable arrangements.
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.(2)(a) Where employees ofa Recipient are represented for collective bargaining purpqses, 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 by 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 such purposes 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 out prior to the institution of the intended action.
(3) For the purpose of providing the statutory required protections including those specifically
mandated by Section l3(c) of the Act^, 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 l3(c) Agreement executed 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 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 final and binding disputes settlement procedure acceptable to the parties, or in the
event that 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 shall 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.
^Such protective arrangements shall include. without being limited to. such provisions as may be necessary for (1) the
preservation of rights. priviledges. and benefits (including continuation of pension rights and benefits) under,existing collective
bargaining agreements or otherwise: (2) the continuation 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 arrangement 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)(t) of the
Act of Februrary 4. 1987 (24 Stat. 379), as amended:
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, ^^For purposes of this warranty arrangement, paragraphs (1); (2); (5); (15); (22); (23); (24); (26); (27); (28); af)d (29) of
the Model Section 13(c) Agreement. executed July 23, 1975 are to be omiued.
(5) The Recipient or other legally responsible party designated by the Public Body will be fmancially
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 witin 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 right of 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 retraining within a reasonable
period, can become qualified. In the event training or retraining 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 retraining at no cost to the employee.
(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 the 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.
(9Y 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 D~partment of Labor. In the event of any disagreement
that such labor organization represents coveted employees, or is otherwise eligible to become a party
to these arrangements, as applied to the Proj~ct,the dispute as to whether such organization shall
participate shall be determined by the Secretary' of Labor.
(10) In the event that 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 proc~ss,' 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
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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 the
Department of Labor and in the absence of timely objection, the waiver will become final at the
end ofthe 30-day notice period. In the event oftime\y objection, the Department of Labor will
review the matter and determine whether a waiver shall be granted. In the absence of a waiver,
these projections shall apply to the Project.
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.
Executed this 2- day of September ,1996.
MAYOR
Title of Authorize Officer