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HomeMy WebLinkAboutAgenda - 01-18-2001-8gr ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 18, 2001 Action Agen a Item No. SUBJECT: Resolution to Apply and Enter into Agreement with NC Department of Transportation for Community Transportation Program CTP Grant Funds DEPARTMENT: Aging/OPT PUBLIC HEARING: (YIN) No INFORMATION CONTACT:- - Jerry Passmore, Chair, ext 2009 Mike Eyster, Vice Chair Section 5333 (b) FTA Warranty TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 ATTACHMENT(S): Public Hearing Notice CTP Application Annual Resolution Statement PURPOSE: To authorize the annual resolution for application of Community Transportation Program funding (formerly Section 5311 and Section 18) covering capital and administrative assistance as well as enter into an agreement with the NC Department of Transportation for FY 2001-2002 and to approve submission of the application. BACKGROUND: The Orange County Board of Commissioners approved and updated Transportation Development Plan (TDP) on December 19, 1995. The Plan makes Orange County eligible for federal and state funding for vehicles, equipment and administration request. The FY 2001-2002 Community Transportation Program application is for $441,929 which includes $389,802 in federal/state funds and $52,127 of local match. Capital funds totaling $283250 will purchase six replacement vehicles. The administrative funds in the amount of $158,679 will support the overall OPT system management and continue to promote general public ridership. This administrative support reduces the cost of each trip by approximately 20%. This result in an increase of 20,000 trips per year, or an average of 450 trips per day. The Orange County Human Services Transportation Board will conduct a pubic hearing and has reviewed the grant application at its January 11, 2001 meeting and recommends its approval. Any written comments received will be forwarded to the NC Department of Transportation. FINANCIAL IMPACT: The administrative funding will be included in the departmental budget request for FY 2001-2002, offsetting the County's expense. The capital request will require. a 10% local match, budgeted in the CIP. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners approve the submission of the FY 2001-2002 application for NCDOT Community Transportation Program funds and authorize the Chair to sign the Annual Resolution statement and Special Section 5333 (b) Warranty. PUBLIC HEARING NOTICE The Orange County Transportation Advisory Board will hold a Public Hearing on January 11 at 2:00 p.m. in the Richard E. Whitted Human Services Center, 300 W. Tryon Street, Dept on Aging Conference Room, Hillsborough, N.C. on the proposed . Community Transportation Program (CTP) application to be submitted to the N. C. Department of Transportation by January 15, 2001. Public comments received will be forwarded on to the N. C. Department of Transportation. The Community Transportation Program provides assistance to coordinate existing human service transportation programs in Orange County and to provide general public transportation in rural Orange County. These services are currently provided by the Orange Public Transportation (O.P.T.) program to human service agencies and the general public on fixed routes, deviated routes and demand response trips with the assistance of local taxis. The total amount requested is $438,819 for administrative and capital assistance for July 1, 2001 through June 30, 2002. The local matching share is $51,816 and the balance in federal/state funds is $387,003. The application may be reviewed at the Department on Aging-O.P.T. Program, 300 W. Tryon Street, Hillsborough, N.C. Monday-Friday, 8:00 a.m.-5:00 p.m. Written comments should be directed to Jerry Passmore, O.P.T. Director. Published in The News of Orange January 3, 2001 FN:H:fy2001 ap/ctp/pnotice3.doc 4 COUNTY OF ORANGE NORTH CAROLINA COMMUNITY TRANSPORTATION PROGRAM (CTP) GRANT APPLICATION Fiscal Year 2002 Period from July 1, 2001 thru June 30. 2002 SUBMITTED JANUARY 15, 2001 TO NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION P.O. BOX 25201 RALEIGH, NC 27611-5201 PREPARED BY: JERRY M. PASSMORE, TRANSPORTATION DIRECTOR ORANGE PUBLIC TRANSPORTATION PROGRAM 300 WEST TRYON STREET P.O. BOX 5181, HILLSBOROUGH, NC 27278 (919) 245-2000 FAX (919) 644-3044 Email: JPassmore@Co.Orange.NC.US FY 2002 CTP Application Project Description and Services Page 1 County of Orange January 15, 2001 PROJECT DESCRIPTION AND SERVICES Provide a complete CTP program description within this application. A complete description will include proposed services to be provided; documentation of third party agreements; a Surface Providers Checklist; and discussion of the status of the Community Transportation Services Plan (CTSP), formerly Transportation Development Plan (TDP). It will also be important to document achievements, enhancements and any other advances that may have occurred towards implementing the Community Transportation Program. Specifically relate these enhancements to the objectives identified in the last grant cycle. In the space below, provide a narrative discussion of any new services or service design changes since the last grant application. New Service: In partnership with the Orange County Commission for Women, Department of Social Services and the Orange Public Transportation Program (OPT) formulated TCAP -Transportation Crisis Assistance Program to assist low income, working families with transportation needs. The program provides an opportunity for citizens to donate vehicles to TCAP for eligible Orange County residents who are in crisis and /or in a low income category. Vehicles are acquired from county citizens and businesses and with minimal overhead, transfer the vehicle to families in need. A major program objective is to keep individuals employed and reduce their reliance on welfare funding or other forms of financial transportation assistance. Self-sufficiency and pride of ownership are also key tenants. The Board of County Commissioners have endorsed the concept, provided $3000 startup funds and remain committed to the effort. Desion Service: In September 2000, the Department of Aging employed a part-time Transportation Coordinator to provide operational coordination of transportation assets throughout the Triangle Area that provide service in Orange County.. The primary objective for this service is to expand and enhance transportation opportunities for Orange County Citizens. 5 FY 2002 CTP Application Project Description and Services 6 Page 2 County of Orange January 15, 2001 Project Description RECIPIENT: County of Orange, North Carolina CONTACT NAME: Jerry M. Passmore CONTACT PHONE NUMBER: 919-245-2009 COUNTY(IES) / AREA(S) SERVED: Orange County, primarily rural area outside Chapel/Carrboro TAXPAYER ID NUMBER: 56-6000-327 PROVIDE THE REQUESTED CURRENT INFORMATION IN THE SPACES PROVIDED. WHEN GIVEN OPTIONS, ENTER ALL THAT APPLY. SERVICE ALTERNATIVE(S): Employment/General Public/Human Services/Special Events SERVICE DESIGN(S): Subscirption, Dial-A-Ride, Fixed Deviated Routes, Broker DAYS OF OPERATION: Monday through Saturday, and Sundays for Special Events. HOURS OF OPERATION: M-F 6:30am-7:30pm, Sat. 8:00am-12:00pm and 2:30pm-5:30pm, Special event times vary ORGANIZATIONAL INFORMATION -INDICATE YES OR NO. DOES THE APPLICANT CONTRACT FOR MANAGEMENT/ADMINISTRATION OF THE TRANSPORTATION SYSTEM? No DOES THE APPLICANT CONTRACT OR SUBCONTRACT,FOR OPERATION OF THE TRANSPORTATION SERVICES? Yes, Taxi for medical trips. FY 2002 CTP Application Project Description and Services Page 3 County of Orange January 15, 2001 DOES THE APPLICANT USE A REFERRAL NETWORK FOR DENIED TRIPS? Yes HOW MANY REFERRALS WERE MADE IN THE LAST FISCAL YEAR? 75 est AGENCY INFORMATION PROVIDE THE NAME OF EACH AGENCY AND PROGRAM THAT IS CURRENTLY BEING SERVED BY THE TRANSPORTATION PROGRAM IN THE SPACE PROVIDED BELOW. CONTINUE ON THE NEXT PAGE IF NECESSARY. AGENCY 1. Orange County Dept on Aging 2. JOCCA 3. Dept of Social Services 4. Dept of Social Services 5. Orange Enterprise 6. Health Departtnent 7. OPC Mental Health Center 8. Orange County Schools 9. Cedar Grove Daycare Center 10. Wake Opportunities 11.OPC Mental Health Center 12. Piedmont Health Care Center 13. YMCA of Chapel Hill 14. Triangle Sportsplex 15. Orange County Recreation and Parks 16. Solid Waste Dept. 17. ARC of Orange County PROGRAM(S) EDTAP HCCBG (Nutrition/Senior Center) Medicaid Work First Employment Sheltered Workshop Medical Adult Day Treatment Program After School Program Child Care Head Start Program Children's Learning Center General Public Swim Team After School Child Care Summer Day Camp Courier Mail Service Sheltered Social Workshop 7 FY 2002 CTP Application Project Description and Services Page 4 County of Orange January 15, 2001 Proposed Services to be Provided PLEASE PROVIDE THE PROJECTED (FY01) INFORMATION IN THE SPACES PROVIDED. IF THERE WILL BE NO CHANGE FROM THE CURRENT YEAR FOR A SPECIFIC ITEM THEN ENTER "NC" IN THE SPACE PROVIDED. SERVICE ALTERNATIVE(S): NC SERVICE DESIGN(S): NC WILL THE APPLICANT BE A COUNTY DEPARTMENT; COUNTY AGENCY; AUTHORITY; OR PRIVATE NON-PROFIT? County Department DAYS OF OPERATION: NC HOURS OF OPERATION: NC ORGANIZATIONAL INFORMATION --INDICATE YES OR NO. WILL THE APPLICANT CONTRACT FOR MANAGEMENT/ADMINISTRATION OF THE TRANSPORTATION SYSTEM? No WILL THE APPLICANT CONTRACT OR SUBCONTRACT FOR OPERATION OF THE TRANSPORTATION SERVICES? Yes WILL THE APPLICANT EMPLOY A REFERRAL NETWORK DURING THE PERIOD OF PERFORMANCE OF THIS APPLICATION? Yes WILL THE APPLICANT TRACK HOW MANY REFERRALS WERE MADE, AND TO WHOM, FOR THE PERIOD OF PERFORMANCE OF THIS APPLICATION? Yes LIST THREE POTENTIAL RESOURCES FOR REFERRAL SPECIFICALLY. 1. TTA; 2. Chapel Hill Transit, 3. Doc's Taxi AGENCY INFORMATION PROVIDE THE NAME OF EACH AGENCY AND PROGRAM THAT IS PROPOSED TO BE SERVED BY THE TRANSPORTATION PROGRAM IN THE SPACE PROVIDED BELOW. CONTINUE ON THE NEXT PAGE IF NECESSARY. AGENCY 1. Orange County Dept on Aging 2. JOCCA 3. Dept of Social Services PROGRAM(S) EDTAP HCCBG (Nutrition/Senior Center) Medicaid FY 2002 CTP Application Project Description and Services Page 5 County of Orange 4. Dept of Social Services 5. Orange Enterprise 6. Health Department 7. OPC Mental Health Center 8. Orange County Schools 9. Cedar Grove Daycare Center 10. Wake Opportunities 11.OPC Mental Health Center 12. Piedmont Health Care Center 13. YMCA of Chapel Hill 14. Triangle Sportsplex 15. Orange County Recreation and Parks 16. Solid Waste Dept. 17. ARC of Orange County January 15, 2001 Work First Employment Sheltered Workshop Medical Adult Day Treatment Program After School Program Child Care Head Start Program Children's Learning Center General Public Swim Team After School Child Care Summer Day Camp Courier Mail Service Sheltered Social Workshop Documentation of Third Party Agreements All third party agreements will be listed and briefly discussed in the space provided. It will only be necessary to document who the contract is with, and for what specific purpose. As an addendum to Section 1.2, include completed copies of the most recent contract with each of these third party contractors, unless there have been no changes. Third party agreements with transportation providers are required to be submitted to the division in advance for review to assure that applicable federal and state third party contracting clauses have been included. Please refer to the most current list of applicable federal and state contract clauses. When new third party provider agreements are entered into, they should be provided to the division within thirty (30) days. Provider Purpose Tarheel Taxi non-working hours for Dialysis/medical transportation Airport Taxi non-working hours for Dialysis/medical transportation Doc's Taxi non-working hours for Dialysis/medical transportation FY 2002 CTP Application Project Description and Services 10 Page 6 County of Orange January 15, 2001 Status of the Community Transportation Services Plan In referencing the Implementation Schedule section of the current approved plan, indicate the status level of the county CTSP below. Select from the status levels provided below by indicating an `X' in the appropriate space. Provide a brief narrative if the plan has not been fully implemented to date indicating why and when it will be rectified. If there has been a change in the plan in the last year provide a brief narrative documenting the changes. Invalid 1. The plan is not up-to-date. The plan should be amended and updated in house with the assistance of the division's regional consultant. Once this process has been successfully completed, the plan will be considered "Consistent". X 2. The delay in the PTD planning process has caused the plan to elapse. The plan should be amended and/or updated in house, with the assistance of the division's regional consultant. X In Progress The old plan is no longer valid. The new plan has not been completed and approved. Lagging The plan is approved, but the tasks and activities are not being achieved on time. Consistent The plan is up-to-date and the tasks are achieved on schedule. USE THE REMAINING SPACE TO PROVIDE A BRIEF NARRATIVE OR COMMENT. FY2002 Community Transportation Program (CTP) Grant Application 11 Projed Nbr: e2-;T-0" July 2001 - June 2002 PART I - ADMINISTRATIVE AND EMPLOYEE DEVELOPMENT BUDGET SUMMARY Legal Name of Subrecipieint: Orange County Subrecipient's Federal Taxpayer Identification Number: 56-6000-327 Period of Performance: Jul 1, 2001 - June 30, 2002 1. Total Project Expenditures (NCDOT Maximum Participation Amounts) Administrative Expenses Employee Development Expenses Total H. Funding Administration Employee Development Total Funding Total 100% 156,013 100% 2,666 $158,679 Federal 80% 85% $127,076 Requested, $ 156,013 2,666 $ 158,679 NCDOT 5% 7,801 .0°k 0 $7,801 NCDOT agproved $ 0 $ 0 $ 0 Local 15% 23,402 15% 400 $23,802 APPLICATION NCDOT-PTD 10/16/00 FY2002 Community Transportation Program (CTP) Grant Application 12 Project Nbr: 02-CT- 0 July 2001 - June 2002 PART 11-CAPITAL AND TECHNOLOGY BUDGET SUMMARY Legal Name of Subrecipieint: Orange County Subrecipient's Federal Taxpayer Identification Number. 5"00&32!7 Period of Performance: July 1, 2001 - June 30, 2002 NCDOT 1. Total Project Expenditures !Requested Approved (NCDOT Maximum Participation Amounts) Capital Expenses $ 277,550 $ 0 Technology Expenses 5,700 $ 0 Total $ 283,250 $ 0 II. Funding Total Federal NCDOT Local 100% 90% 10% Capital 277,550 0 249,795 27,755 100% 90% 10% Technology 5,700 0 5,130 570 Total Funding $283,250 $0 $254,925 $28,325 APPLICATION NCDOT-PTD 10/20/00 13' Justification of Capitol Needs Orange County Public Transportation In the 2001-2002 application, Orange County is requesting replacement of six existing vehicles. All of the vehicles have met or will meet age or mileage requirements as defined by the NC Department of Transportation. 51545 (3) - serves Orange Enterprises and Chapel Hill/Carrboro Senior Centers. Since this vehicle has the greatest capacity of all OPT minibuses, it serves both routes and averages twenty thousand miles per year. Based on current projections, this vehicle will meet the mileage replacement criteria of 175,000 by next application submittal. Replacement amount: $52,878.00 - State match: $47,590.00 15638 (4) - a thirty-two passenger vehicle initially purchased to transport to special events is now 15 years old and no longer meets ADA requirements of accessibility. The steps are too steep for senior citizens and is not equipped with a lift for the disabled. In addition, obtaining replacement parts for this vehicle is difficult. Because of these limitations, OPT has not met the mileage replacement criteria. Replacement amount: $52,878.00 - State match: $47,590.00 43134 (17) - this fourteen-passenger vehicle is currently being used to transport for day care, and afterschool services. This vehicle averages 16,000 miles per year therefore the mileage replacement criteria has been met. Replacement amount: $52,878.00 - State match: $47,590.00 67056 (11) - this is OPT's primary dialysis carrier and is used Monday through Saturday. It will exceed the mileage replacement criteria based on current usage and growth in this patient population by the time a replacement vehicle is delivered. Replacement amount: $33,019.00 - State match: $29,717.00 80101 (19) - this 14 passenger vehicle primarily used to transport Senior Citizens to the Efland Nutrition site as well as double for afterschool and special events transportation. This vehicle is not equipped with a lift and therefore does not meet ADA standards. This vehicle has met the age criteria and will soon meet the mileage criteria for replacement. Replacement amount: $33,019.00 - State match: $29,717.00 43136 (20) - a 14 passenger vehicle is used daily for HeadStart and After school transportation. This vehicle has met the mileage replacement criteria. This vehicle does not meet the ADA requirements, therefore is not versatile for use with seniors or disabled. Replacement amount: $52,878.00 - State match: $47,590.00 Total State match: $249,794.00 FY 2002 CTP Application Community Transportation Program Resolution Page 32 COMMUNITY TRANSPORTATION PROGRAM RESOLUTION RESOLUTION Applicant Seeking Permission to Apply for Community Trans ortation Pro am Funding, Enter Into Agreement With The North Carolina Department Of Transportation And to Provide the Necessary Assurances. A motion was made by (Board Member'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 General 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 funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds 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 consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); WHEREAS, (Applicant's Name) COUNTY OF ORANGE hereby 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 Official's Title)* ,_,,,Chair, 14 of (Name of Applicant's Governing Body) ORANGE COUNTY BOARD OF COMMISSIONERS 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 rural public transportation services. I (Certifying Official's Name)* (Title) do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applican't's Governing Board) Orange County Board of Commissioners duly held on the 18" day of January, 2001. Signature of Certifying Official FY 2002 CTP Application Community Transportation Program Resolution Page 33 COUNTY OF ORANGE (Name of Local Governing Board) Subscribed and sworn to me (date) Notary Public * Address My commission expires (date) Seal 15 *Note that the qffikial authorized to submit the grant application, cernfying official, and notary public should be three separate individuals. 16 SFY 2002 Community Transportation Program (CTP) Grant Application Special Section 5333(b) Warranty Page 1 of 5 . 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 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 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, Col= nF cRANm (Legal Name of Applicant/Recipient) and the transportation related employees of any other surface public transport ation 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 area of the Project, and any labor organizations representing the 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 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 NCDOT-FM SPY 2002 SFY 2002 Community Transportation Program (CTP) Grant Application Special Section 5333(b) Warranty Page 2 of 5 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 discontinuance of Project services, or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (b) and (7) of the Model Agreement or applicable provisions of substitute comparable arrangements. (2)(a) 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 (Model) Section 5333(b) 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. 17 NCDOT-Fm SFY 2002 18 SFY 2002 Community Transportation Program (CTP) Grant Application Special Section 5333(b) Warranty Page 3 of 5 (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 they cannot agree upon such procedure, to the U. S. Department of Labor or an impartial third party designated by the U. S. 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. (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 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 NCDOT-PTD SFY 2002' SF Y 2002 Community Transportation Program (CTP) Grant Application Special Section 5333(6) Warranty Page 4 of 5 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 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 U. S. 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 U. S. 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 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. .............................................................. 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 bargaining agreements or otherwise; 19 NCDOT-PTD SFY 2002 SFY 2002 Community Transportation Program (CTP) Grant Application Special Section 5333(b) Warranty Page 5 of 5 (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 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)(f) of the Act of February 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 Special Section 5333(b) Warranty I, (Name and Title) Stephen Halkiotis,. Chair , do hereby certify that (Legal Name of Applicant/Recipient) Orange County Board of Commissioners 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 Date SEAL 20 NCDOT-PTD SFY 2002