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HomeMy WebLinkAboutAgenda - 01-20-1998 - 8e 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No ~~ ACTION AGENDA ITEM ABSTRACT Meeting Date: January 20, 1998 SUBJECT: Resolution to apply and enter into Agreement with N.C. Dept. of Transportation for Community Transportation Program (CTP) Grant Funds -------------------------------- DEPARTMENT Aging/ O.P.T. Program ATTACHMENT (S) (1) Annual Resolution statement (2) Certifications/Assurances statement (3) Community Transportation Program Grant Application Warranty PUBLIC HEARING YES_X_ NO BUDGET AMENDMENT YES NO X ------------------------------- INFORMATION CONTACT Jerry M. Passmore, ext 2000 TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To authorize the annual resolution to apply for Community Transportation Program funding (formerly Section 5311 and Section 18)covering capital and administrative assistance as well as enter into an agreement with the North Carolina Department of Transportation for FY 98-99. The Community Transportation Program is the result of the Governor's Transit 2001 initiative BACKGROUND: Orange County Commissioners approved on December 19, 1995 an updated Transportation Development Plan (TDP). The approved plan makes the County eligible for federal and state funding of vehicles, equipanent and administration requested in the document over a four year period. The FY 98-99 Community Transportation Program application is for $232,278 which includes $94,951 federal, $107,317 state and $30,010 local matching funds. Three replacement vehicles - two standard 6 passenger minivans and one 24 passenger van cutaway w/wheelchair lift, will be purchased from capital funds totaling $96,635. Page 1 of 2 2 In addition, administrative funds in the amount of $135,643 will support the overall O.P.T. system management and continue to emphasize general public ridership. This administrative support reduces the cost of each trip by approximately 20$. This results an increase of 20,000 trips per year, for an average of 400 trips per day. A notice of public hearing opportunity was advertised in The News of Orange County. A formal hearing was held on January 5th. Any written comments received will be forwarded to the N.C. Department of Transportation and to the Board of County Commissioners prior to the January 20 board meeting. RECOMN~NDATION: Manager reconsnends approval and Chair to sign the Resolution to apply for Community Transportation Program (CTP)funds and the FY 98-99 NCDOT Certifications and Assurances FN:AB80120a.Doc 3 FY99 Comm~utity Transportation Program (CTP) Grant Application SECTION 2 RESOLUTION _ Applicant Seeking Permission to Apply for CTP Funding, Eater Into Agreement With The North Carolina Department Of Transportation And to Provide The Necessary Assurances. A motion was made by (Board,tilember's .Name) and seconded by (Board ,Member's Name) for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, Article 2B of Chapter 136 of the North Carolina Geaera! Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation fiords; and WHEREAS, the North Carolina Department of Transportation has received a grant from the US Department of Transportation, Federal Transit Administration and fiords from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, (Applicant's Name) The County of Orange h~,y assures and certifies that it will comply with the federal and state Statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements which relates to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18. U. S. C. NOW, "THEREFORE, be it resolved that the (Authorized OQcia!'s Title)' of (Name ojLocal Governing Bodv) Orange County Board of Cottmissioners is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide anal public transportation services. I (Certifying Oj~cial's ~~'anre)* Beverly A. Blythe Trt/e) Clerk to the Board do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name ojLoca! Governing Board) Orange County Board of Cotttmissioners duly held on the 20 day of January . 19 98. Subscribed and sworn to me (dare) :ti'otarv Public' .-1 ddresc My commission e~pires (date) Signature ojCertijving O~eial acme ojLocal Governing Board Sea! •hou that the offriat authareed to sLbn~it the groat applicatiat, cerrifirng oJfa:ud. and notary prb/r lhadd be three up~an rndiriduots. FY99 APP[.ICATION NCDOT-PTllI 1/14/97 FY99 Community Transportation Program (CTP) Grant Application SECTION 11 F'TA Certification and Annual Assurances & 5333 (b) Warranty SFY 1998-99 CERTIFICATIONS AND ASSURANCES FOR THE COMMUNITY TRANSPORTATION PROGRAM (CTP) This page must be completed by checking the certifications and assurances that apply. The individual authorized by the applicant to submit the applica#ion, make the necessary certifications, and enter into agreement must sign where indicated. The Applicant's aitomey must also sign the form. The signatures assure the North Carolina Department of Transportation (NCDOT) and the Federal Transit Administration (FTA) that the Applicant intends to comply with the requirements of the CTP. The prospective Applicant whose project(s) will be included in the statewide CTP application for North Carolina should select the appropriate certifie~tions or assurances below. The attached certifications and assurances are described in Appendix A of the October 14,1997, Federal Register in the section entitled "Annual List of Certifications and Assurances for Federal Transit Administrative Grants and Cooperative Agrteme~s", pages 53511-53522. The prospective Applicant should understand that they are certifying not as the applicant to FTA, but as asub-recipient providing assurances to the North Carolina Department of Transportation, the applicant on its behalf, that it will meet the federal requirements outlined in the certifications and assurances. The certifications and assurances in the Federal Register should be understood in light of this relationship. Certifications and Assurances Required of Each Applicant X II. Lobbying Certification X III. Effects of Private Transportation Companies TV. Public Hearing Certification for Major Projects with Substantial Impacts X V. Reviews Required for the Purchase of Rolling Stock VI. Bus Testing Certification VII. Charter Bus Agreement X VIII. School Bus Agreement X IX. Certification for Demand Responsive Service X X. Substance Abuse Certifications X XI. Assurances for Grants Involving Real Propem• or Construction Thereon XII. Additional Cetifications and Assurances of the Non-urbanized Area Program 4 FY99 APPLICATION NCDOT-PTD F•Y99 Community Transportation Program (CTP) Grant Application SECTION it CERTIFICATIONS AND ASSURANCES FOR SFY 1998-99 Name of Applicant: The County of Orange Name of Authorized Representative: Margaret W. Brown Relationship~tle of Authorized Representative: Chair, Board of County Commissioners BY ENDORSING THIS SIGNATURE PAGE, Margaret W. Brown (naive) declares that he or she is duly authorized by the Applicant to make the certifications and assurances on behalf of the Applicant and bind the Applicant to comply with them. Thus, when its authorized representative signs this document, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for any North Carolina Department of Transportation (NCDOT) statewide CTP application~in which its projects are included and submitted to the Federal Transit Administratiov (FTA) during Federal Fiscal Year 1998. FTA and NCDOT intend that the certifications and assurances the Applicant selects on this form, as representative of the certifications and assurances in Appendix L, should apply, as rtquined, to each project for which the Applicant seeks FTA assistance through NCDOT now, or may later, seek FTA assistance through NCDOT during federal fiscal year 1'998. The Applicant affirms the truthfirlness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to NCDOT for inclusion in a submission to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U. S. C. 3801 et seg,;, as implemented by USDOT 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 U. S. C. 1001 apply to any certification, assurance, or submission made in connection with the F'fA formula assistance program for urbanized areas, and may apply to any other certification, assurance, or submission made in connection with any program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. per: January 20, 1998 Authorized Representative of Applicant FY99 APPLICATION NCDOT-PTD FY99 Community Transportation Program (CTP) Grant Application SECTION it AFFIRMATION OF APPLICANT'S ATTORNEY for County of Orange (Name of Applicant) As the undersigned legal counsel for the above named Applicant hereby I 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 aad assurances have bees legaily 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 against the applicaat 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 chaage the accuracy of the foregoing statements, I will notify the Applicant, the North Carolina Depamnent of Transportation and the Federal Transit Administration. Date; January 20, 1998 Applicant's Attorney Geoffrey E, Gladhill FY99 APPLICATION NCDOT-PTD 7 FY99 Community Transportation Program (CTP) Grant Application SECTION 11 _ w Special Section 5333 (b) Warranty For Application to the Rural and Small Urban Program The following language shall be made part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under the Community Transportaxion Program (CTP): A. General Application The Public Body (The North Carolina 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 the Project, County . of Orancte (Legal .Name of ApplicantlRecipient) and the transportation related 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 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 Departrnent of Labor that the designated Recipients have indicated in writing acceptance of the terms and conditions of the warranty arrangement will be sufficient to permit the flow of CTP funding in the absence of a finding of noncompliance 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 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 FY99 APP[.[CATION NCDOT-PTD FY99 Community Transportation Ptrogram (CTP) Grant Application 8 SECTION 11 - 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 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 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 discorninuance of Project services, or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of the Model Agreement or applicable provisions of substitute comparable arrangements. (2xa) 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. (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. (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 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 5333(b) 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 (Mode!) Section 5333(b) Agreement executed July 23, 1975, identified below,** provided that other comparable arrangemenu may be substituted therefore, if approved by the Secretary of Labor and certified for inclusion in these conditions. FY99 APPLICATION NCDOT-PTD 9 FY99 Community Transportation Program (CTP) Grant Application SECTION 1l ._ (4) Any dispute or controversy arising regarding the application, interpretaxion, 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 parries, 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 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. (5) The Recipient or 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 representative 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 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 eighteen (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 of any union or of any represented employee derived from any other agreement or provision of federal, state or local law. (?) 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 became 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 FY99 APPLICATION NCDOT-PTD 10 F'Y99 Community Transportadoa Program (CTP) Grant Application SECTION 11 comply with the provisions of Section 5333(b) 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 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 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 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 thereto, 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 thirty (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 of the thirty (30) day notice period. In the event of timely objection, the Depaztment of Labor will review the matter and determine whether a waiver shall be granted. On the absence of waiver, these protections shall apply to the Project. ...................................................................................................................................... Notes: * 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 bazgaining 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; FY99 APPLICATION NCDOT-PTD 1 FY99 Community Transportation Program (CTP) Grant Application 11 j SECTIONI 11 - (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 arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no evert provide benefits less than those established pursuant to Section 5(2)(f) of the Act of February 4, 1887 (24 Stat. 379), as amended. ** For purposes of this warranty arrangement, paragraphs (1); (2); (S); (15); (22); (23); (24); (26); (27); (28); and (29) of the Model Section 5333(b) Agreement, executed July 23, 1975 are to be omitted. D. Acceptance of Special Section 5333(b) Warranty I, (Name and Title) Margaret w. Brown, Chair , do hereby certify that (Legal Name of Applicant/Recipient) County of orange has agreed to the terms and conditions of this Warranty and will accept this agreement as part of the contract of assistance with the North Carolina Department of Transportation. Signature SEAL January 20, 1998 Date FY99 APPLICATION NCDOT-PTD