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Agenda - 12-07-1999 - 7a
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 7, 1999 1 Action Agenda Item No. q ~ct' SUBJECT: Public Hearing and Resolution to apply and enter into Agreement with NC Dept. of Transportation for Community Transportation Program (CTP) Grant Funds DEPARTMENT: Aging/OPT ATTACHMENT(S): Public Hearing Notice CTP Application Annual Resolution Statement Section 5333(b) FTA Warranty PUBLIC HEARING: (Y/N) Yes INFORMATION CONTACT: Jerry M.. Passmore Ed Siebert, Chair TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To receive citizen comments and 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 NC Dept. of Transportation for FY 2000 -2001 and to approve submission of the application. BACKGROUND: The Orange County Board of Commissioners approved an 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 requested in the document over a four year period. The FY 2000 -2001 Community Transportation Program application is for $477,053, which includes $421,672 in federal/state funds and $55,381 of local match. Capital funds totaling $323,543 will purchase six replacement vehicles, 9 replacement two -way radios, and the paving of the Park- and -Ride lot at the Northern Orange Recreation Center in Cedar Grove. The administrative funds in the amount of $153,510 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 results in an increase of 20,000 trips per year, or an average of 400 trips per day. Any written comments received will be forwarded to the NC Department of Transportation. The Orange County Human Services Transportation Board also reviewed the grant application at its November 23, 1999 meeting and recommends its approval. 2 FINANCIAL IMPACT: The administrative funding will be included in the departmental budget request for FY 2000 -2001, 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 receive public comments as additional information and approve the submission of the FY 2000 -2001 application for NCDOT Community Transportation Program funds and authorize the Chair to sign the Annual Resolution statement and Special Section 5333(b) Warranty. FN:/H/bocc &b91207.doc 3 PUBLIC HEARING NOTICE The Orange County Board of Commissioners will hold a Public Hearing on December 7 at 7:30 p.m. in the Judge F. Gordon Battle Courtroom, 106 E. Margaret Lane, Hillsborough, N.C.on the proposed Community Transportation Program (CTP) application to be submitted to the N. C. Department of Transportation by January 7, 2000. 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 $477,053 for administrative and capital assistance for July 1, 2000 through June 30, 2001. The local matching share is $55,381 and the balance in federal /state funds is $421,672. 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 November 24, 1999 FN:H:fy2001 ap /ctp /pnotice l .doc 4 COUNTY OF ORANGE NORTH CAROLINA COMMUNITY TRANSPORTATION PROGRAM (CTP) GRANT APPLICATION Fiscal Year 2001 Period from July 1, 2000 thru June 30. 2001 SUBMITTED JANUARY 7, 2000 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 81819 HILLSBOROUGH, NC 27278 (919) 245 -2000 FAX (919) 644 -3044 Email: JPassmore @Co.Orange.NC.US FY2001 Community Transportation Program (CTP) Grant Application 5 SECTION 1 INSTRUCTIONS 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 Orange County Transportation Coalition for People with Disabilities, the Orange Public Transportation (OPT) collaboration with The Arc of Orange County formulated the Orange Voucher Program, The pilot project, through a $5000 grant from Easter Seals, focus on providing non - medical travel to approximately 18 persons with disabilities under the age of 60. The program allows the participant to negotiate the best fit of transportation choices for their needs. Natural support systems are emphasized for travel and the issue of a voucher for $100 /per month for a three month period with an option to reapply. ( brochure /application form available) Plans are to continue the Orange Voucher Program under the EDTAP Program. Design Service In August, 1999 the O.P.T. Orange Express was redesigned to be more "express focussed and expanded from six daily routes to 8 daily routes. The Route runs from Hillsborough to Chapel Hill/Carrboro. (New Brochure Schedule available) APPLICATION NCDOT -PTD FY2001 Community Transportation Program (CTP) Grant Application 6 SECTION 1 Project Description RECIPIENT: County of Orange, North Carolina CONTACT NAME: Jerry M. Passmore CONTACT PHONE NUMBER: 919 -245 -2000 COUNTY(IES) / AREA(S) SERVED: Orange County, primarily rural area outside Chapel Hill/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 Service/Special Events SERVICE DESIGN(S): Subscription, Dial -A -ride, Fixed Deviated Routes, Broker DAYS OF OPERATION: Monday through Saturday, and Sundays for Special events HOURS OF OPERATION: M -F; 6:30 am -7:30 pm, Sat.,8:30- 11:30am and 3:00 -5:30 pm 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 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 Enterprises 6. Health Dept. 7. OPC Mental Health Center 8. Orange County Schools 9. Cedar Grove Day Care Center 10. Wake Opportunities 11. OPC Mental Health Center 12. Piedmont Health Care Center 13. Sports Plex 14. Orange County Recreation & Parks PROGRAM(S) EDTAP HCCBG (Nutrition/Senior Center) Medicaid Work First Employment Sheltered Workshop Medical Adult Day Treatment Program Afterschool Program Child care Head Start Program Children's Learning Centeer General Public Aterschool Child Care Summer Day Camp APPLICATION NCDOT -PTD FY2001 Community Transportation Program (CTP) Grant Application SECTION 1 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. [l. TTA; 2. Chapel Hill Transit; 3. Angels on Wheels 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 4. Dept. of Social Services 5. Orange Enterprises 6. Health Dept. 7. OPC Mental Health Center 8. Orange County Schools 9. Cedar Grove Day Care Center 10. Wake Opportunities 11. OPC Mental Health Center 12. Piedmont Health Care Center 13. Sports Plex 14. Orange County Recreation & Parks PROGRAM(S) EDTAP HCCBG (Nutrition/Senior Center) Medicaid Work First Employment Sheltered Workshop Medical Adult Day Treatment Program Afterschool Program Child care Head Start Program Children's Learning Centeer General Public y Aterschool Child Care Summer Day Camp APPLICATION NCDOT -PTD 7 FY2001 Community Transportation Program (CTP) Grant Application 8 SECTION 1.3 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. APPLICATION NCDOT -PTD FY2001 Community Transportation Program (CTP) Grant Application 9 SECTION 3 Justification of Expansion Capital Needs Provide a Narrative in the Space Provided Below In the 2000 -2001 application, Orange County is requesting replacement on eight existing vehicles. All of the vehicles have all met either age or mileage requirements as defined by the NC Department of Transportation. According to NCDOT PTD Staff, based on the amount of capital request anticipated, they have increased the mileage criteria for vans from 125,000 miles to 130,000 miles. 51545 - serves Orange Enterprises and Chapel Hill/Carrboro Senior Centers. Since this vehicle has the greatest seating capacity of all OPT minibuses, it serves both routes and averages twenty thousand miles per year. It is projected that that based on current usage, this vehicle will have met it the mileage replacement criteria of 150,000 miles by next application submittal. 15638- a thirty -two passenger vehicle initially purchased to transport to special events is now fourteen years old and no longer meets ADA requirements of accessibility. The steps are too steep for senior citizens and disabled with mobility challenges. Due to the size of the vehicle we could not use it for door to door service. Therefore its use has been limited to younger groups such as day care centers, and for recreational use. Because of these limitations OPT has not been able to meet replacement mileage. 43134 — this fourteen passenger vehicle is currently being used to transport for day care services and will meet the mileage criteria within the year, this vehicle averages 16,000 miles per year. 55502 — OPT's primary dialysis carrier is used daily for the transport of dialysis patients to Carolina Dialysis. It has exceeded the mileage replacement criteria, and is still in service, based on current usage, by the time we receive a replacement vehicle, it will have traveled over 150,000 miles. 46237 — A HeadStart owned thirty —two passenger, Thomas Built school bus type vehicle, is now fourteen years old. Replacement is based on age criteria since vehicle is suitable only for use in which it was purchased. However, OPT has used this vehicle for the past eight years for Summer Camp. It has become more and more difficult to obtain parts for these vehicles and maintenance cost continue to rise each year. 00143 — A HeadStart owned thirty-two passenger, Thomas built school bus is now thirteen years old and has the exact same problems as those listed above. These vehicles offer no flexibility for coordination, are not suitable for transporting elderly or disabled passengers, and again, the cost to operate and maintain has become overwhelming. APPLICATION NCDOT -PTD FY2001 Community Transportation Program (CTP) Grant Application SECTION 3 10 Northern Orange County Regional Park & Ride Lot - The 1995 Orange County Transportation Priority List requested a park and ride lot north of the the town of Hillsborough on NC 86 to reduce some of the traffic on Churton Street. The Board of County Commissioners approved this designation as Northern Orange Countys' first regional park and ride lot. Triangle Transit Authority had been requested and agreed to market the lot and install signage designating it as a Regional Park and Ride Lot. It is estimated that it would cost approximately $70,000 to pave the lot. Itemized Prioritization of All Capital Needs Requested 1. 1FDKE30G1RHB51545 23 passenger Ford lift equipped minibus 2. 2B7KB31Z6RK555502 - 14 passenger Dodge lift equipped van 3. 2B5WB35Z5NK143134 - 14 passenger Dodge standard van 4. 1GBK6P1B4FV215638 - 32 passenger Thomas Built School Bus 5. 1 GBG6P 17GV 1146237 - 32 passenger Thomas Built School Bus 6. 1GBG6P1B4HV100143 32 passenger bus ( Thomas Built School Bus) 7. Replacement of nine two way radios 8. Replacement of mobile base unit 9. Paving of Northern Orange Park n' Ride Lot 10. 11. 12. 13. 14. 15. APPLICATION - NCDO`1'-Y'1"D FY2001 Community Transportation Program (CTP) Grant Application SECTION 5 July 2000 - June 2001 PROJECT BUDGET SUMMARY Sub - recipient Name: Orange County Federal Taxpayer Identification Number. 56- 6000 -327 Period of Performance: July 1, 2000- June 30, 2001 I. Total Project Expenditures Requested ( NCDOT Maximum Participation Amounts) Administrative Expenditures (Appendix 6.1) $ 153,510 Capital Expenditures (Appendix 6.3) $ 323,543 Employee Development Expenditures (Appendix 6.4) $ 0 Total $ 477,053 H. Funding APPLICATION 11 Total NCDOT Local 100% 85% 15% Administration 153,510 130,483 23,027 90% 10% Capital 323,543 291,189 32,354 100% 85% 15% Employee Development 0 0 0 Total Funding $477,053 $421,672 $55,381 APPLICATION 11 FY2001 Community Transportation Program (CTP) Grant Application SECTION 6 12 RESOLUTION Applicant Seeking Permission to Apply for CTP 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) Orange Cnnnty 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 (ffcialIs Title)" of (Name of Applicants Governing Body) 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 Applicant's Governing Board)Oraage County Board of Commissioners duly held on the _ day of '19 Signature of Certijying Official L Subscribed and sworn to me (date) Name of ocal Governing Board Notary Public * Seal Address My commission expires (date) *Note that the official authorized to submit the grant application, certifying oJj'lelai, and notary public should be three separate indAddualk APPLICATION NCDOT -PTD 10/18/99 FY 2001 Community Transportation Program (CTP) Grant Application Section 6 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 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, orange county (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 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 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 organizational, operational, technological, or otherwise, which are a result of the assistance 10/18/99 NCDOT -PTD 13 FY 2001 Community Transportation Program (CTP) Grant Application 14 Section 6 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 (6) 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 parry 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 frill 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. 10/18/99 NCDOT -PTD FY 2001 Community Transportation Program (CTP) Grant Application Section 6 15 (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 Department of Labor or an impartial third parry 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. (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 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 10/ 18/99 NCDOT -PTD FY 2001 Community Transportation Program (CTP) Grant Application 16 Section 6 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 orof 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 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; (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 10/18/99 NCDOT -PTD FY 2001 Community Transportation Program (CTP) Grant Application Section 6 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) , do hereby certify that (Legal Name of Applicant/Recipient) 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 10/18/99 Date NCDOT -PTD 17 FY2001 Community Transportation Program (CTP) Grant Application SECTION 6 RESOLUTION Applicant Seeking Permission to Apply for CTP 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) Commissioner Margaret W. Brown and seconded by (Board Member's Name) Commissioner Stephen H. Halkiotis 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) Orange County 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 0SIcial's Title)* Chair -of (Name ofApplicant's Governing Body) The 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 (CertJying Offlcial's Name)* Moses Carey, Jr. (Title) Cha i r 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 Applicant's Governing duly held on the ]..t day of Decem Subscribed and sworn tome (date) December 13, 1999 , 17 " "a. -- "� /v/ A�7 Notary lic c3a.�-3 F&1.,ta aw Address My commission expires (date) /�9 Name of Local Governing Board ers OFFICIAL SEAL S Notary Public • North Caroline ORANGE COUNTY EVELYN M. CECIL Seal My Commission Expires *Note that the o.Tidal authorized to submit the grant application, certifying oh7cial, and notary public should be three separate lndisidaak APPLICATION NCDOT -PTD l O /13/99 FY 2001 Community Transportation Program (CTP) Grant Application Section 6 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) Beverly A . B'1 y t he Clerk to the Board , do hereby certify that (Legal Name of Applicant/Recipient) The 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 10/18/99 NCDOT -PTD /, � - -7- 5? � ORANGE PUBLIC TRANSPORTATION Post Office Box 8181 Tel (919) 245 -2000 Hillsborough, NC 27278 Fax (919) 644 -3044 Jerry M. Passmore, Director Emai1:JPassmore @ Co.Orange.NC.US April 14, 2000 Memorandum To: Charles W. Glover Assistant Director for Planning and Programming From: Jerry M. Pass re, PT Director Re: Items Completing the FY2000 CTP Grant and FY2001 CTP Grant Application Enclosed are the items requested by DOT in order to release the $201,351 in the current FY2000 Community Transportation Program grant. They are as follows: (1) The "Resolution Statement" — The statement has been resigned correctly. (2) The "Affirmation of Applicant's Attorney " - In lieu of signing the DOT Affirmation statement, the County Attorney has submitted a signed Legal Opinion on Section 5311 Program. Since this should complete all requirements for the current grant, I request permission to: (1) Submit reimbursement requests for FY2000 for CTP operations and (2) Submit order forms for FY2000 vehicle and radio replacements. It is my understanding these orders must be completed by April to be included under the current state vehicle and radio contract. As to the $477,053 CTP Grant Application submitted for FY2001, I submit the enclosed signed copy of the "Certification and Assurances" by Board Chair. If the County Attorney's signed Legal Opinion is acceptable for FY2000, then I will request the Attorney to sign and submit a Legal Opinion for the FY2001 grant. Thank you for your assistance. Any questions, please contact me. Cc: Kelly Tyler, Consultant, DOT Pat Perry, Financial Manager, DOT Moses Carey, Chair, Orange County Board of Commissioners John Link, Orange County Manager Geoffrey Gledhill, Orange County Attorney Kathie Kearns, OPT Kathy Lewis, OPT FN:ctp/DOT00411.doc F1'2000 Community- Transportation Program (CTP) Grant. application SECTION 1 RESOLUTION Applicant Seeking Permission to Apply for CTP 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) Stephen H. Halkjoti s and seconded by (Board Member's Name) Barry Jacobs 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 Garoiina 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 naval 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) The Oounty ©€ Orange hereby assures and certifies that it will comply with the federal and slate Statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements which relates to the applications trade 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 (Authori_ed Official's Title)' Chair of (NameofApplicantsGovermngBodi,) Orange C ount)_ Bnard 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 nual public transportation services. I (Certifying cia!'s Name)• Beverly A Bl he (Tale) Clerk to tbq- 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 of Applicant's Governing Board) Orange County BOard of C4mmisSinnPrC duly held on the 15day of December, 19 98 Signs re of Cert#ying 09ricial Subscribed and sworn to me (date) Zt�7z/ % 9,Y- Notary Public' Seal Address My commission expires (date) Orange County Name of Local Governing Board Note Aw the official authorized to submit thr armrt awficadan, ccrlifving ofciat, and notary pubric should be threr Separate ar&vi4W& APPLICATION NCDOT-PTD928/98 LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE A PROFESSIONAL CORPORATION 129 E. TRYON STREET April 11, 2000 E O. DRAWER 1529 HILLSBOROUGH, NORTH CAROLINA 27278 919- 732 -2196 FAX 919.732 -7997 WEBST E W W W,CGANDH.COM Mr. Jerry Passmore Director Orange County Department on Aging Post Office Box 8181 Hillsborough, North Carolina 27278 RE: 5311 Transportation Grant Dear Jerry: FROM THE DESK OF GEOFFREY E. GLEDHILL Enclosed is our opinion letter concerning the 5311 transportation grant for the fiscal year ending June 30, 2000. I will be able to provide you with this opinion annually, following due diligence preceding each letter, to satisfy the requirements of the North Carolina Department of Transportation with respect to this federal grant program. As you can see from the letter, the "affirmation" requested by the North Carolina Department of Transportation is not something that the North Carolina Rules of Professional Conduct permit me to provide. However, the opinion which accompanies the Certifications and Assurances covers all of the material aspects of the affirmation. The opinion that accompanies the Certifications and Assurances is comparable to and consistent with the opinions we render from time to time concerning Orange County bond issues, annual letters to the public accounting firm performing Orange County's annual audit and other matters calling for our opinion as Orange County's attorney. GEG /lsg Enclosure lsg= 1etters \passmore#2.1tr Very truly yours, f1r%T 1. M'AWT f!T.T: T)T-TTT.T. r� TTARr4RWE . P.C. ledhill Opinion of Applicant's Attorney for the County of Orange, North Carolina SFY 1999 -2000 Section 5311 Program We are counsel for the County of Orange, North Carolina (hereafter the "County ") and are familiar with the attached Certifications and Assurances for the Section 5311 Program that are part of the application by the County to be included in the North Carolina Section 5311 application for Federal Transit Administration Grants (hereafter the "Certifications and Assurances "). Based upon our examination of the Certifications and Assurances and with the understanding that the Certifications and Assurances are being made by the County not as an applicant to the Federal Transit Administration, but as a sub recipient providing assurances to the North Carolina Department of Transportation, and based on information provided to us by County employees whose official responsibilities include those matters addressed by the Certifications and Assurances and based on existing statutes, regulations, rulings and judicial decisions, it is our opinion that: 1. The County is a political subdivision of the State of North Carolina. The County is authorized by the constitution and the laws of the State of North Carolina to make and comply with the Certifications and Assurances. 2. The Certifications and Assurances have been legally made and constitute legal and binding obligations of the County. We know of no legislation or litigation pending or eminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of the project. We are members of the bar of the State of North Carolina and we do not purport to express any opinion except as to the laws of the State of North Carolina and the laws of the United States. We have assumed no responsibility to update this opinion or take any other action with regard to changes in facts, circumstances or the applicable law. This Opinion letter is provided to satisfy the requirements of the document captioned "AFFIRMATION OF APPLICANT'S ATTORNEY," a copy of which is Exhibit X hereto. Pursuant to the North Carolina Rules of Professional Conduct, it would be inappropriate for this firm to affirm as to matters within the attorney client relationship between it and the County generally, and to agree to notify the North Carolina Department of Transportation concerning matters coming to its attention that relate to the Certifications and Assurances and the opinions expressed herein. Whenever in the course of performing legal services for the County with respect to a matter coming within the scope of the Certifications and Assurances and the opinions expressed herein that may call for disclosure by the County to the North Carolina Department of Transportation, we, as a matter of professional responsibility to the County, will advise the County concerning its obligation to the North Carolina Department of Transportation as contained in the Certifications and Assurances. March 31, 2000 lsg: orangecounty \section53llprogram.doc COLEMAN, GLEDHILL & HARGRAVE, Attorneys for the County of P. C. Exhibit X AFFIRMATION OF APPLICANTS ATTORNEY for T-i-_ Caitty of Ocarrp (Legal Name of Applicant) SFY1999 -2000 Section 5311 Program As the undersigned legal counsel for the above named Applicant hereby 1 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 imminent 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 accuracy of the foregoing statements, 1 will notify the Applicant, the North Carolina Department of Transportation, which may so inform FTA. Date: .Name of Applicant's Attorney Signature 1214198 u- inworci/ftafftacertl Am 3 CERTIFICATIONS AND ASSURANCES FOR SFY 2000 -2001 Legal Name of Applicant: Name of Authorized Representative: The County of Orange Moses Carey, Jr. Relationship/Title of Authorized Representative: Chair, Board of County Commissioners By signing below, I Moses Carey, Jr. (name) on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's 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 2000 -2001 (FFY 2000). FTA and NCDOT intend that the certifications and assurances the Applicant selects on this form, as representative of the certifications and assurances in Appendix H 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 SFY2000 -2001 (FFY 2000)_ 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 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 certification, 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: December-i-7,1999 _ / / ,-, I Effarfature of Authorized Applicant Al Y3<5 STATE OF NORTH CAROLINA DEPARIMNT OF TRANSPORTATION JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611 -5201 DAVID MCCOY GoVERNOR SECRETARY March 22, 2000 Mr. Jerry Passmore Director Orange County Department on Aging P.O. Box 8181 Hillsborough, North Carolina 27278 -8181 RE: FY 2001 Community Transportation Program Grant Application Dear Mr. Passmore: The Public Transportation Division has completed the FY 2001 Community Transportation program of projects for consideration at the April 7, 2000 meeting of the North Carolina Board of Transportation. Funding for Orange County will be presented to the Board of Transportation as a Category B project. As you are aware, Category B projects are those that have substantial application requirements that have not been completed. All outstanding items must be finalized and submitted to the division by September 30, 2000, to receive the funding that will be included in the application to the Federal Transit Administration (FTA). Applications completed after that date will not be eligible for a full twelve months' funding (July 1, 2000 -June 30, 2001). A signed copy of the "Certifications & Assurances for FTA Assistance Programs" was not submitted with your application. The department must maintain an original copy of the applicant's certification which contains the applicant's legal name, signed by the authorized official. Please have the authorized official complete the certification. A copy of the "Affirmation of Applicant's Attorney" was not submitted with your application. This affirmation must clearly state that the attorney affirms that the applicant has legal authority to make /comply with certifications and assurances; that there is no pending legislation or litigation that might adversely affect the validity of the applicant's certifications; and agrees to notify the department of any future circumstances which might change the accuracy of such statements. The department's Assistant Attorney General has certified to FTA that all subrecipients will agree to applicable certifications and assurances. Please have your attorney assess your compliance with the Section 5311 program requirements and submit a signed affirmation_ PUBLIC TRANSPORTATION DIVISION Phone (919)733 -4713 fax (919)733 -1391 ,F , The required information should be sent to the attention of Ms. Pat Perry, Financial Manager, by September 30, 2000. If you have any questions, please contact the regional transportation consultant for your area, Kelly Tyler, at extension 278. Sincerely, 61a�- I'XV-4— Charles W. Glover Assistant Director for Planning and Programming ppp:CWG cc: Ms. Alice M. Gordon, Chairperson, Orange County Board of Commissioners Kelly Tyler, Public Transportation Division .� Pat Perry, Public Transportation Division dr