HomeMy WebLinkAbout2002 S Aging - N.C. Department of Transportation Grant Resolution to apply for and enter into Agreement for Community Transportation Program (CTP) Grant Funds~. . . . _
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Jerry Passmore - SFY 2002 Labor Certification.doc ~~ ~~~ ~~-~~ pa e 1;
SFY 2002 Community Transportatlon ProBrsm (G7~ Grant Application
Special Section 5333(b) Warrantq .
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Specisl Sect3on 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 chazged with allocation and administradon of funds provided under the
Comcnunity Transportation Program (CTP):
A. General Application
The Public Body ('The North Carolina Department of Transportation) agrees that in the
absence of waiver by the U. S. Department of Labor, the terrns and conditions of this
warranty, as set .forth below, shall apply for the pmtection of the transportation related
ernployees of any employer providing transportation services assisted by the
Project, rr~!x.~~nrrv pF~gn , (Legal Name of
Applicant/Recipient) 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 U. S. 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 azea of the Project, and any labor organizations representing tfie employees of such
providers.
Certification by the Public Body to the U. S. Department 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 G'TP 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 aff'ect employees of the Recipient and of any other surface public
transportation provider u- the transportation service area of the Project. It shall be an
obligation of tkie Recipient and any other legaIly responsible party designated by the Public
Body to assure that any and all transportation services assisted by the Project are contracted
for and operated ~ such a manner that they do not impair the rights and interests of affected
ernployees. The tetm "Project", as used herein, shall not be limited to the particular facility,
service, or aperation assisted by Federal funds, but shall include any changes, whether
NCDOT-PTD
SFY 2002
- SFY 2002_Labor Certification.doc
SFY 200Z Community TY~ansportation Prugram (CTP) Grant Applicatioa
Speciat Sectioa 5333(b) Warranty
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organizational, operational, technological, or otherwise, wluch are a result of the assistance
provided. The phrase "as a result of the Project", shall when used in this arrangemenE, include
events related to the Project occurring m anticipation of, during, and subsequent to the Pro,ject
and any program of efficiencies or economies related thereto; provided, however, that volume
rises and falls of business, or changes u~ volume and character of employn~ent brought about by
causes other than the project (including any econornies or efficiencies unrelated to •the Project)
are not within the purview of this arrangement.
An employee covered by this artangement, 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 ptherwise worsened solely because of the total or partial termination of
the Project discontinuance of Project services, or exhaustion of Project funding shall not be
deemed eligble for a dismissal or dispiacement allowance within the meaning of pazagraphs (6)
and (7) of the, Model . Agreement or applicable provisions of substitute comparable
arrangernents.
(2)(a) Where employees of a Recipient are represented for collective bargaining purposes, all
Project services provided by that Recipient shall be provided uttder 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 nodce of intended actions which may resuh in displacements or dismissals or
rearrangernents of the working forces. In the case of ernployees 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 a.ny 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 purpases. 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 arranger~ent shall
commence itrnt~ediately. If no agrcement is reached within twenty (20) days from the
comcnencement of negotiations, any party to the dispute may submit the matter to dispute
settlement procedures in accordance with pazagraph (4) of this wazranty. The foregoing
procedures shall be complied with and cazried out prior to the institution of the mtended
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 (Model) Section 5333(b) Agreement executed July 23, 1975, identified below,**
provided that other comparable arraugements may be substituted therefore, if approved by the
Secretary of Labor and certified for inclusion in these conditions.
NCDOT-PTT)
SFY 2002
; Jerry Passmore - SFY 2002 Labor Certification.doc Pa e 3;
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~~~2 C°~n"'nih' ~Y'ansPortati~ Program (CTP) Graat ApplicaHon
~pecial SecHoa 5333(b) Warraaty
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(4) Any dispute or controversy arising regazding the application, mterpretation, 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 ai~er the dispute or controversy first arises, may be referred
by any such pazty to any final and binding disputes settlement procedure acceptable to the
parties, or in the event they cannot agree upon such procedure, to the U. S. Department of
Labor or an impartial third party designated by the U. S. Departrnent of Labor for final and
binding determination. The compensation and expenses of the irnpartial third party, and any
other jointly incurred expenses, shall be bome equally by the parties to the proceeding and all
other expenses shall be paid by the party incurring thern
In the event of any dispute as to whether or not a particular employee was aftected by the
Pro,ject, 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 ]egally
responsible for the application of these conditions to prove that factors other than the Project
affected the employees. The .claiming employe~ 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
azrangements so that any employee covered by these arrangements, or the union representative
of such employee may file claun of violation of these arrangements with the Recipient within
sixty (60) days of the daxe 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 clairn 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
daxe of the filing of any clauri.
(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 azrangernent 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.
(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 fiIl any
vacant position within the control of the Recipient for which he is, or by training or retraiaing
within a reasonable period, can beca~ae 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 retraming at no
cost to the employee. . •
(8) The Recipient will post, in a prominent and accessible place, a notice stating that the
NCDOT-PTD
SFY 2002
Jerrypassmore - SFY 2002 Labor Certification.doc _, - ~ - ~ ~ ~
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SFY 2002 Community Transportation Program (C1~ Grant Application
~ Special Section 5333(b) Warranty
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Recipient has received federal assistance under the Federal Transit Act and has agreed to
comply with the provisions of Section 5333(b) of the Act. This notice shall also specify the
ternis and conditions set forth herein for the prote~tion 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 arraugements, may become a party to these arrangements by serving written
notice its desire to do so upon the Re~ipient and the U. S. Depaztment 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 Bo.dy or Recipient of federal funds; providesi, however, that this arrangement shall
not merge into the contract of assistance, but shall be independently bindin~ 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 sha.ll 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 aze no employees of the
Recipient or of any other surface public transportation providers in the transportation service
azea who could be potentially affiected by the Project. A tturty (30) day notice of proposed
waiver will be given by the U. S. Depart~ent of Labor and 'm Ehe absence of timely objection,
the waiver w~11 become final at the end of the thirty (30) day notice period. In the event of
timely objection, the U. S. Department 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.
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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;
NCDOT-PTD
SFY 2002
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_Jerry Passmore.- SFY 2Q02 Labo~ Certification.doc _ Page.5
SFY 2002 Comm~mity Transportation Program (CTP) Grant Application
Special Section 5333(b) Warranty
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(2) the continuation of collective bargaining rights; (3) the protection of individual employees
against a worsening ~f their positions with respect to their employment; (4) assurances of
employment to employees of acquired mass transportation systems and priority of
reemploymerit 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 Eheir employment which shall in no event provide
benefits less than those established pursuant to Secdon S(2)(fl of the Act of Febr~ary 4, 1887
(24 Stat. 379), as amended.
** For purposes of this warranty arrangement, paragraphs (1); (2); (5); (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 Specisl Section 5333(b) Warranty
I, (Name and Title) Stephen Halkiotis, Chair do hereby certify
that (Legal Nazne of Applicant/Recipient) Orange County Board of Commissioners
has agreed to the terms and conditions of this Warranty and will accept ttus agreement as part
of the contract of assistance with the North Carolina Department of Transportation.
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Signature Date
SEAL
NCDOT-PTZ)
SFY 2002
Federal Section 5311 Certifications and Assurances
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SFY 2001-2002 . ~
CERTIFICATIONS AND ASSURANCES FOR THE SECTION 5311 PROGRAM
This page inust t~e completed by checking the certifications and assurances that appiy. The
individual authorized by the Applicant's governing body to submit the appiication, make the ~
necessary certifications, and enter into agreement must sign where indicated. The Applicant's
attomey must also sign the form. The signatures assure the NCDOT and FTA that the
Applicant intends to comply with the requirements for the Section 5311 program.
The prospective Applicant whose project(s) witl be included in the program of projects for the
Section 5311 application for North Ca~olina should select the appropriate certifications or
assurances below. The attached certifications and assurances are described in the Nqtice
dated November 7, 2000, "Federal Transit Adrninistration Fiscal Year 2001 Annual List of •
Certifications and Assurances for Federal Transit Administration Grants and Cooperative ,,
Agreements." The prospective Applicant should understand that they are certifying not as the
app~icant to FTA, but as a subrecipient 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. .
I. Certifications and Assurances Required of Each Applicant x
. . ,~
II. Lobbying Certification for Each Applicant Exceeding $100,000 x~
III. Effects on Private Transportation Companies x
IV. Public Hearing Certification for Capital Projects that Will Substantially
~Affect a Community or Its Transit Service ~ x
V. Ce~tification of Pre-Award and Post-Delivery Reviews Required
for Acquisition of Ro(ling Stock ~~ x
VI. Bus Testing Certification Required for New Bus Acquisitions '
VII. Charter Se-vice Ag~eement ~ x
VIII. School Transportation Agreement . . x
IX. Certification Required for the Award ~of FTA Assistance to An ~
Applicant for Its Demand Responsive Senrice x
X. Substance Abuse Certifications ~ x
XI. Certifcation for the Job Access and Reverse Commute Program x
Xll. Certifications and Assurances for the Nonurbanized
Area Program x_
Federal Section 5311 Certifications and Assurances
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CERTIFICATIONS AND ASSURANCES FOR SFY 2001-2002
Legal Name of Applicant: _County Of Orange
Name of Authorized Representative: Stephen Halkiotis,
Relationship/Title of Authorized Representative: _Chair, Board of County Commissioners
By signing below, I Stephen Halkiotis (name) on behalf of the Applicant,
declare that the Applicant has duly authorized me to make these certifications and assurances
and bind the ApplicanYs compliance. Thus, the Applicant agrees to comply with all Federal
statutes, regulations, executive orders and administrative guidance required for the Section
5311 application the North Carolina Department of Transportation (NCDOT) makes to the
Federal Transit Administration (FTA) in SFY 2001-2002 (FFY 2001).
FTA and NCDOT intend that the certifications and assurances the Applicant selects on this
form, as representative of the certifications and assurances of the Community Transportation
Program Application, should apply, as required, to each project for which the Applicant seeks
FTA assistance through NCDOT now, or may later, seek FTA assistance through NCDOT
during SFY2001-2002 (FFY 2001). . .
The Applicant affirms the truthfulness and accuracy of the certifications and ass~ances 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 sea•, as implemented by
USDOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31 apply to any .
certificatiori, assurance or submission made to 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. .
Date: _ l '' ! ~'' Q ~ . .
. Signature of Authorized Representative of Applicant