HomeMy WebLinkAboutSuffolk Co DPW TransportDEPARTMENT OF PIJBLIQ WORKS
COUHTY~ OF ~FFOI~K
SL~FFO~K ~.4:)UNTY EX~CUTIV£
May 2, 2001
Mr, J~mes McMaho~, Administrator
Town of Southold
Community Development Office
P.O. Box 1179
Southold, N.Y. 11971 '
Re: Transfer of Title Agreement
D~ar Mr. McMahon~
Enclosed please find one fully executed copy of the
above=referenced agreement between the Town of Southol~
:and Suffolk County Public Works Department/Transportation
Division.
Please retain for your records.
Thank you.
Very truly yours,
Robert W. Shinniek
Director of Transportation Operations
:?
RWS:DT:dt
Eric.
Law No. 05-TR.
Rev. 02/27/01
Transfer of Title Agreement
For Capital Equipment
Town of Southold
This Agreement (Agreement) is between the County of Suffolk (County), a municipal
corporation of the State of New York, acting through its duly constituted Department of
Pu,btic Works/Transportation Division (Department); located at 335 YaphankAvenue,
YajWiankl New York11980-9744; add Town ~f $outh(Jld (TOwn), a mUnic pa C°rporat on
organized Under th~ State of New york' having~its pr ncipal place of business at
TcJwn Hall. PO Box 1179, SOU{hold, NY 1'1971.
Thepart es hereto des re~ to make available to the Town certain cap tal equipment (Capital
Equipment) fo~- the purpose o~ providing certain transportation services (Transportation
Services) t(~ eldedy and/or disabled pe~:sons.
Term of Agreement: March 1, 2001, through June 30, 2005, or until sooner terminated as
provided in Exh bit'A~ Paragraph (9), entitled "Termination or Suspension".
Terms and Conditions: Shall be as set forth in Exhibit A through E, attached.
In Witness Thereof, the parties hereto have executed this Agreement as of the latest date
wdtten below.
Town of Southold
'l~me/Title
Fed. Tax I.D. No. 11-6001939
Date:
County of Suffolk
Chief Deputy County Executive
Date: ¢~R ~, 5 ~
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Law No. 05-TR-
Rev. 02/27/01
Town of Southold
Approved as to Form, Not
Reviewed as to Execution:
Robert J. Cimino
Suffolk County Attorney
Cynthia Kay Parry
Assistant County,Attorney
Date:
Approved:
Depa..rt~ent of Public Works
C h~d e~ ~J. -B~rt1~ a, ~ .E...
Commission e"'r-°f~u bloc Works
Date:
Recommended:
Transportation Division:
Robert W. Shinnick
Director, Transjportation Operations
Date: ~,/ C/~/
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Law No. 05-TR-
Rev. 02/27/01
Table of Contents
Town of Southold
Exhibit A: General Terms and Conditions ................................................................ 3
Exhibit B: U.S. Government Required Clauses ..................................................... l 0
Exhibit C: Description of Capital Equipment and Transportation Services ......... 13
Exhibit D: Project Life and Equipment Disposition ................................................ 15
Exhibit E: County Authorizing Documents ............................................................. 16
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Law No. 05-TR-
Rev. 02/27/01
Town of Southold
Exhibit A
General Terms and Conditions
Whereas, Section 5309 of Chapter 53, Title 49, U.S. Code provides for capital grants for
the purpose of ass sting in pr?ding transportation serv ces meeting the special needs of
elderly.and/or persons ;with disabilities; and
Whereas, the Federal Transit Administration has an established policy of encouraging
the use of Section 5309 Program vehicles by municipal and private nomprofit operators;
and
Whereas, the County is a grantee for certain Capital Equipment under said federal
program pursuant to approved Project Application NY-03-0366; and
Whereas, the Town is not a public body engaged in the provision of mass transportation
service for the general public; and
Whereas, the County has agreed to transfer said Capital Equipment to the Town for the
purpose of providing certain Transportation Services to the elderly and/or disabled
persons pursuant to said Project Application;
Now, Therefore, in consideration of the mutual covenants herein set forth, the County
and the Town agree as follows:
1. Definitions. As used in this Agreement:
"NYSDOT" means the Department of Transportation of the State of New York.
"State" means the State of New York.
"FTA" means the :ederal Transit Administration of the United States Department
of Transportation.
"Project Application" means the federal Section 5309 capital application submitted
by the County to, and as approved by, the FTA as NY-03-0366 for certain Capital
Equipment described in Exhibit C of this Agreement, including all project
supporting information submitted therewith.
"Capital Equipment" means the vehicles obtained by the County through the
federal Section 5309 Program, said equipment to be that described in Exhibit C.
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Law No. 05-TR-
Rev. 02127101
Town of Southold
"Service Period" means the period of time set forth in Exhibit C of this Agreement.
"Transportation Services" means the authorized passenger transportation services to
be provided by the Town during the.Service Period, as described in Exhibit C of thIs
Agreement.
"Commissibner" means the Commissioner of Transportation of the State of New York
or his duly authorized representatives.
=
PurpoSe of Agreement, The purpose of this Agreement is to provide for the transfer
of the title;and theOapital Equipment to the Town and the rendering of certain
TranSpb~t~tion Service by the Town utilizing said Capital Equipment, and to state the
terms, COnditions and mutual understandings of the parties governing said transfer,
and the operation and maintenance of the Capital Equipment.
3. Documents Forming the Agree ,ment. This Agreement consists of this document and
the folloWing additional listed attachments:
Exhibit B
Exhibi[ C
Exhibit Da
Exhibit F_J
U.S. Government Required Clauses
Description of Capita~ Equipment and Transportation Services
Project Life and Disposition of Equipment
County's Authorizing Documents
This Agreement also consists of the following documents, which are incorporated by
reference:
a. County's approved Section 5309 Project Application;
b. Memorandum of Understanding between County and the State (whereby NYSDOT
will administer the vehicles to ensure they are used and maintained properly)
Title to Capital Equipment, Title to the Capital Equipment. shall be transferred to the
Town, subject to the restrictions on use and disposition as set forth in this Agreement.
5, Use of Capital Equipment.
a. The Town agrees that the Capital Equipment transferred from the County in
accordance with this Agreement will be used solely for the provision of passenger
transportation service as described in Exhibit C of this Agreement.
b. Any unauthorized use of said Capital Equipment that is not in accordance with the
Transportation Service as described herein shall be cause for termination of this
Agreement by the County. Use of the Capital Equipment to provide charter or
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Town of Southold
their approval Such terms and conditions shall include provision for compliance with
all applicable rules, regulations and project supporting requirements of Section 5309 of
Chapter 53, Title 49, U.S. Code as the latter are specified in the County's Project
Application.
Termination or Suspension.
a=
The parties to this Agreement may agree to terminate this Agreement at any time,
according to mutuallyagreed upon terms and conditions which have been
forwarded in writing to. the County for advance approval. Such terms and
conditions shall includea:ppropriate provision by the County for the continuation of
the Transpor(ation Servic.~ to elderly and/or disabled persons as required in the
Project.application. Upon approval by the County of such terms and conditions,
this Agreement shal~ be.terminated.
If the Town, before completion, engages in any unauthorized use of the Capital
Equipment or discontinues the Transportation Services; or if, for any reason, the
commencement, prosecution or timely completion of these services by the Town is
rendered improbable, impossible or illegal, the County, by written notice to the
Town, may terminate any or all of the County's obligations under this Agreement or
may suspend any or all of its obligations und=er this Agreement until the event or
conditiSn ~esiJiting in suoh suspension has ceased or been corrected.
Upon receipt of a notice of termination or suspension, the Town shall promptly
carry out the actions required by such noticewhich may include any or all of the
following: (1) terminat, ion or suspension of the use of Capital Equipment and such
other action as the Co;unty deems necessary; (2) furnishing a statuS report on the
physical.condition of the Capital Equipment; and (3) furnishing an estimate of the
fair market value of the Capital Equipment.
10.
Records and Documentation. The Town shall retain all data, reports, records, logs
and other materials and ihformation relating to activities covered by this Agreement for
a period of (3) years following the termination date of the Service Period under this
Agreement and shall make the same available to the Commissioner, the State
Comptroller, the United States Secretary of Transportation and the Comptroller
General of the United States, or their authorized representatives, for audit, ~nspection
and copying, upon request.
11. Grant Responsibilities of the Town. The Town agrees to comply with the terms and
conditions'contained in the County's approved Section 5309 Project Application, and
with al~ applicable rules, regulations and project supporting information and
assurances of Section 5309 of Chapter 53, Title 49, U.S. Code. The Town agrees to
accomplish and provide, all necessary actions, reports and other documentation as
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Law No. 05-TR-
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Town of Southold
12.
13.
required by the NYSDOT for the 5309 program, or for the coordinated public
transportation service, including but not limited to quarterly reports, insurance records,
vehicle inspections, etc. The Town agrees to provide the annual certification of
insurance described in Section 14 of this Agreement. Also, the Town shall submit to
the County copies of any documents or reports tha.t are forwarded by the Town. to
NYSDOT that pertain to. the use of the Capital Equipment~or this Ag,~eement.
under Federal, State andlgocal Law. In the:event that any
approve~l, or authorization is~required by applicable law,
ordinance, ~ enab e the '[o· ~fl tO enter, into this Agreement,. or to
unde~ake the T,r..aos¢ ~e~ion Service, Or to. o!Sserve, a~sume, or~ carry outlany of the
previsioils of'thi~:Agcgemet~t, the Town will inifia}.e and: Complete such action as is so
required,.
Town Liability. The Town will be responsible for all damage to life and property due
to activities of the Town, its subcontractors, agents or employees in connection with
the utilization of the Cap,al Equipment trans[erred from the County pursuant to this
Agreement. The Town shall indemnify and hold harmless the County and NYSDOT
and ~heir employees from any and all claims, actions, suits, proceedings, costs,
e~p(~nses, judgements, damages and liabilities, including reasonable attorneys' fees,
arising ~out of Or resulting from acts or omissions' of the. Town its contractors,
subc(~n~ractors, age'nts,or.employees, ~elating to the utilization of the Capital
Equipment.
14. Insurance.
a. During the entire term of this Agreement, the Town shall,maintain insurance
covering each vehicle provided to the Town, with an insurance company or
companies authorized and qualified to do such business in the State of New York,
of the types and at least in the amounts set forth below or as otherwise agreed '~n
writing, by both parties:
Commercial General Liability Insurance, including contractual coverage, i~
an amount not less than Two Million Dollars ($2,000,000.00) combined single
limit for bodily injury and property damage per occurrence.
ii.
Automobile Liability Insurance in an amount not less than Five Million Dollars
($5,000,000.00) combined single limit for bodily injury and property damage per
occurrence.
b. During the anti re term of this Agreement, the Town shall either:
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Law No. 05-TR-
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Town of Southold
Maintain Physical Damage insurance covering each vehicle described in
Exhibit C of this Agreement provided to the Town, with an insurance company
or companies authorized and qualified to do such business in the State of New
York as follows:
Maximum
Coverage Limits Deductible
Collision Actual Cash Value $%000
Comprehensive Actual Cash Value $1;.000
or:
ii.
Maintain as a demand deposit in a bank, trust company or industrial bank
chartered to conduct business in the State Of New York, an amount of money at
all. times equal to the five year straight line depreciated cost of each vehicle
provided to the Town. The Town shall certify annually to the County and
NYSDOT that such an account is being maintained, the name and location of
the bank, trust company or industrial bank where maintained, the total amount
in such account, and the vehicles covered thereby. None of the funds required
to be, maintained in any such account by this Agreement shall be withdrawn
from,such account or expended without written approval thereof by the County
and NYSDOT first having been obtained by the Town. Neither the County nor
NYSDOT shall authorize any such withdrawal or expenditure except in cases
where the funds to be withdrawn and expended are to be applied toward the
repair or repJacement if the vehicles covered thereby under this provision, and
the CoUnty and NYSDOT .may impose additional requirements to assure such
use,
Annual certification of coverages under a) i, ii; b) i, ii above shall be sent to the
County and NYSDOT.
15.
Inspection. During the term Of this Agreement, the Town shall permit the Chief
Executive Officer of the County, the Commissioner of the New York State Department
of Transportation, the State Comptroller, the Secretary of the United States
Department of Transportation and the Comptroller General of the United States, or
their authorized representatives, to inspect the condition of the Capital Equipment and
the operation of said Capital Equipment in Transportation Service and to inspect all
data, records and accounts maintained by the Town that are required pursuant to this
Agreement, at any timeduring the normal business hours of the Town.
16. Term of Agreement. The term of this Agreement shall be the entire Service Period
specified in Exhibit C of this Agreement, entitled "Description of Capital Equipment and
Transportation Services", with the provisions of Section 10 of this Agreement
remaining in effect as specified therein.
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LaW No. 05-TR-
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Town of SouthoId
Exhibit B
U.S. Government Required Clauses
The Contractor and its subcontractors agree to comply with Executive Order 11246, entitled
'Equal Emi~ioyment oPPq~unity" and D~partment of 'l:ransporfation regulations (49 CFR
Pa~ts 21,23i 25, and 27), 'and the following:
Nondiscrimination. No person shall, on the ground of race, color, creed, national
origin, ~se~ age or handicap, be exclt~ded from participation, or denied the benefits, or
be subject to discrimination under this Project.
Equal; Employment Opportunity. In connection with execution of this Agreement,
the Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, age, color, sex or national origin. The
Coatr~ct0r shall take affirmativ;e actions to ensure that applicants are employed, and
that ~ployees are tr, e,ated during their employment without regard to their race,
religi~.~ Color;sex, n~tJonal origin or age. Such'actions shall include, but not be
limited ~:o, ~he fPlloWihg: emp oyment, upgrad ng, demotion or transfer recruitment or
re"cru~nt.i~?'ertisi~g; la, yoff or termination; rates of pay or other forms bf
comPet~sation; and selection for training, including apprenticeship.
3. Contract Work Hours and Safety Act.
Any mechanic or laborer employed by the Contractor must be paid on a standard
eight;hour day, forty-hour workweek. Any time beyond an eight-hour day must be
compensated at a rate not less than one and one half times the base eight-hour rate.
In addition, mechanics or laborers must not be required to work in surroundings or
under conditions that are unsanitary, hazardous, or dangerous as determined by U.S.
Department of Labor Standards and reported in 29 CFR part 1926.
4. Clean Air Act/Clean Water Act.
In cOnnection with the performance of this contract, the Contractor shall comply with
the requirements of Section 508 of the Clean Water Act and Section 306 of the Clean
Air Act. These regulations prohibit the use of facilities included in the EPA "List of
Violating Fadlities'~ under non-exempt federal contracts. In addition, these provisions
require the reporting of any violations to FTA ancJ the EPA.
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Law No. 05-TR-
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Town of Southold
5. Disadvantaged Business Enterprise {DBE) Policy.
The County receives financial assistance from the U.S. Department of Transportation
through the Federal Transit Administration. The County is committed to a
Disadvantage, d Business Enterprise Policy in,accordance with regulations.codified as
49 CFR Part,23 issued by the U.S~ DePartment of'Transpor~atfon on March 31 1980,
as amended on April 27, 1981, Debember 10,', 198~1, and July 2~1, 1983.
in connectio? with :the performance of this Contract, Contractor(s)will certify that they
are in compliance With regulations COdified as 49 CFR Pa~ 23as they relate to
Disadvantaged Bus. iness Enterprise and will use ts best effbrts tb ensure that DBEs
shall have t~e m,~x mum praCticab b oppbrtun ty to comPete'for any supp y or serv ce
work that may be available under tl~s Contract.
6. Disposal of Vehicle Waste.
The Contractor will dispose of alt wastes in conformance with the Resource
Conservation and Recovery Act, as amended. The Contractor is required to have in
place a wdtten procedure(s) consistent with the Suffolk County Sanitary Code for the
handling of all wastes, including storage, transportation, treatment, and disposal of
wastes. Any deviation from the procedure(s) will require written consent from the
appropriate county agency.
7. Prohibited Interest.
No member, officer, or employee of Suffolk County during his/her tenure or two (2)
years thereafter shall have any interest, direct or indirect, in this Contract or the
proceeds thereof.
8. Department of Transportation Participation.
The services described in the accompanying scope of work will be purchased with the
assistance of a grant from the federal government under the Federal Transit Act. The
successful Contractor will be required to comply with all terms and conditions
prescribed for third party contracts in the grant contract between the Department of
Transportation of the United States and the County. Copies of said contract are
available for inspection by prospective Contractor at the Division's office.
9. Incorporation of Federal Transit Administration (FTA) Terms.
The preceding provisions include, in part, certain Standard Terms and conditions
required by the USDOT, whether or not expressly set forth in the contract provisions.
All contractual provisions required by the USDOT, as set forth in FTA Circular
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Law No. 05-TR-
Rev. 02~27/01
Town of Southold
4420.1 D, dated April t5, 1996, are hereby ~ncorporated by reference. Anything to the
contrary herein notwithstanding, all FTA mandated terms shall be deemect to control
the event of a conflict with any other provisions contained in this Agreement. The
contractor shall not perform any act, fail to perform, any act, or refuse to comply with
a.ny requ,ests that would cause t~e. County to be in violation of the.FTA terms and
con~Jtions,~ In accordar~ce win FTA~ Circular 4220;.1 D~ the requirements setfo~ in
this propqsal are dlee.m, ed to mctbd~and sha!l be construed cons~s~en[ w,~h s~!d
circular, p~0ced~re.,s and reqalrerner~ts;set f(~rth in FTA Circular 4220.1D shatl;:take
preCe.d~nce oV~ ~n~/c0nf~lipfi~ng proded~u~:~e$ and'requfremerC, s thaf~'yOth~iSe, be
ncoTporated, n tl~ s proposa [~ckage.
10. Access Requirements for Individuals with Disabilities.
In connection with access for individuals with disabilities, the Contractor agrees to
corn ply with all. applicable.requirements of the Americans wit.h Disabilities Act of 1990
(ADA), 42 U.S.C. §§'[21.(~1 e'~ seq; Seotion 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. §794; Section 16 of, the Federal Transit Act, as amended, 49
U.S.C. aPp. §16i2 ar{d ¢.s.D.O.'T. Regulations (ADA)49 C.F.R. Parts 37 and 38, in
particular.
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Rev. 02/27/01
Town of Southoid
Exhibit C
Description of Capital Equipment and Transportation Services
Capital Equipment, The County agrees to transfer th,e following Capita Equipment to the
Town for the Service Pbriod of ti~{s Agreement: March ~i 2001, throu.qh June 30, 2005
Shepard Bros., Inc.
VtN # - 1FDXE45F3YHB34501
V]N # l~DXE45F5¥HB34502
VIN # - ~FDXE45S5YHB59641
Transportation Service. The Town agrees to provide the passenger transportation service
for etdedy and/or disabled persons described in the County's approved Project Application(s),
according to the terms and conditions specified therein, for the Service Period of this
Agreement. During those periods when the Capital Equipment or a portion thereof is not
needed for said service to elderly and/cT disabled persons, it may be used to provide
passenger transportation service to other elderly and/or disabled persons in a frequency
approved by the County.
The Town shall notiCy the County in writing of any substantial proposed change(s) in the
Transportation, Service prior to any such change(s). For this purpose, the term "service" shall
include, but not be limited to schedules, operating hours, routes, timetables, marketing,
equipment, fares and passenger terminals and facilities.
In addition to the restrictions on the use of the Capital Equipment stated in Paragraph 5 of
Exhibit A of this Agreement, the Town shall not use the Capital Equipment in charter service
in competition with any private bus operator outside the area within which the Town provides
the Transportation Service.
The Town shall keep a record of each instance of charter use of the Capital Equipment, and
the vehicle miles ncurred by the Cap ta Equipment for each such instance, and subm t a
report deta~hng these nstances to the County and NYSDOT on a quarter y bas s, for any
calendar quarter during which such instances have occurred.
Service Period. The Service Period of this Agreement shall commence on March 1, 2001,
and continue for the useful service life of each vehicle as described in Exhibit E, entitled
"Project Life and Equipment Disposition".
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Law No. 05-TR-
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Town of Southoid
Transfer of Title. The County agrees to transfer title to the Capital Equipment described
herein to the Town for the Service Period described above.
Amendment Provision. Should one or more vehicles of the Capital Equipment become
u ~safe or in an otherwise unusablf~ ~o. ndition for the Transportation Service, or qualify for
retiremer~t~ before ithe end of the Se~lce, period~; the Coun~ and the Town may amend this
Ag~eemen~.to'~cc~unt for such co~d t OhS
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Law No. 05-TR-
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Town of Southold
Exhibit D
Project Life and Equipment Disposition
This~schedu!e sets forth the estimated minimum usef~! liSe s, tandards for Sectio0 5309
para~, an~Jt veh, jcles of the s,bject!c0nfigurati0n., To di~p0se,Of'a Sectiot~ 5309 ~/ehicle, you
mas',t not¢~y the county and NYSDO'F ir~ .Wr, iting, providing the bdometbr reading, an appraisal
Ofthe cu~ent fai[,marklet valu'e~of~the vehicle, and general inf0' m~at]on about the condition of
the Yeh cie,and why i{ ~an n° 0ng'er be used ¥or transportation purposes,
Vehicles meeting these standards can,be disposed of only upon pr[or wn'tten approval from
the County. FaluCe to fUl y comply Wth this~procedure, by prematurely diSpOsing of a veh cie
Will-result in'the graritee's ~te the COunty of a sum equJvafent to 80% of the vehicle s
current fair maAe~ value as determ'ir~ed' by the, County.
Vehicle Type
Paratransit Vans
Minirrrum Useful Life Standards for Equipment
Years of
Service
4 or
Mileage to
be Attained
100,000
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Town of Southold
Exhibit E
County Authorizing Documents
SuEolkCounty Legislativ~ Resolution No,. 616-1999, entitl~ i"Resolution NO. 61:61,999,
~A,uth0ri~ng the Filing of antApplicatlon with the United. state~ Department of:TransPortation
~or a:Gmnt f0r M~Ss TranSportation Capital Projec~on :Behalf of Seven Mu~nicipaiitib~ and the
Disabled ~meriCan Veterans of Northport under the Federal ,Transit Ac,'t and Auth0ri2ing the
.county E~(ecutive to Execute Grant A;3reements PertaJningl ,to Said Ap~licati0n'~,
Suffolk County Legislative ~esolution No. 788,-2000,, entitled "Resolution No, 788~2000;
Amen;ding, tbei2~)00 Capit,,aI,Budget and Program, '.AcCe'pt~ and App~p~ati~g Fbderal
Funds aqdi,O,ther FUnds, and Authorizing, ;the?urch~se ofPa['attansit ~ns from a New York
S~a?Oon[~act on Bel:ialf,of Seven Munic palities and the diisaDled American~Veterans of
Northport ~or a Total Cost Not to Exceed $t,240,628 (CP 5658).
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Intro. Res. No. 1725-99 Laid on Table 6/29/99
Introduced by the Presiding Officer at the request of the County Executive
RESOLUTION NO. ~, J~: 1999, AUTHORIZING THE FLUNG
OF AN APPUCATION WITH THE UNITED STATES
DEPARTMENT OF TRANSPORTATION FOR A GRANT FOR
MASS TRANSPORTATION CAPITAL PROJECT ON
BEHALF OF SEVEN MUNICIPALITIES AND THE DISABLED
=ORT UNDER THE
THE
GRANT
lC'AT,ON.
WHEREAS, the Secretary of the United State Department of Transportation is
authorized to make grants for a mass transportation program of projects and budget; and
WHEREAS, Section 3031 of the Transportation Equibj Act of the 21st Century (TEA-21)
allocated various amounts of capital funds to the ToWns of Brookhaven, East Hampton,
Riverhead. Shelter island, Smithtown, Southampton, Southold, and the Disabled American
Veterans of Northport ("the Organizations~) to acquire buses and vans for their elderly and
disabled programs during Feder~al Fiscal year 1999 ahd
WHEREAS, in order to reduce the grantmaking paper work process. Suffolk
County has been requested to file for and' to accept the grant on behalf of the Organizations.
and
WHEREAS, the grant contracts for financial assistance will impose certain obligations
upon the County, including the provisions by it of the local share of project costs in the program;
and
WHEREAS, it is required by the U.S. Department of Transportation, in accord with the
prowsions of Title VI of the Civil Rights Act of 1964, as amended, that the County give an
assurance that it'wil comply with the Title VI of the Civil Rights Act of 1964 ano theU.S.
Department of Transportation requirements thereunder; and
WHEREAS, upon approval of the grant, Suffolk County will acquire the vehicles
fr. oma New York State Deoartment of Transportation (NYSDOT) vendor, and subsequently,
transfer right, title and interest in the vehicles to the Organizations, and
WHEREAS, the NYSDOT will execute a Memorandum of Understanding (MOU) with
Suffolk County to assume all responsibility for the required federal oversight in the use and
maintenance of the vehicles, together with any reporting requirements thereof, and including the
local share of the costs which has been deposited by the Organizations with the NYSDOT. and
WHEREAS, it is the goal of the county that minority business enterprise be utilized to the
fullest extent possible in connection with these projects and that definite procedures shall be
established and administered to ensure that minority business shall have the maximumr feasible
opportunity to complete for contracts when procuring construction contract, supplies, equipment
contracts, or consultant and other services; now, therefore, be it
Pa~e 17 of 22
RESOLVED, that tl~e Director of Transportation Operations as the designee of the
County.. E×ecutive of Suffolk County is. hereby authorized to execute and file an application on
behalf of~the County of Suffo~ witch, the
of ~apita{ assistance: projects [he Federal Transit Act, said progran~-
of Projects and Budget being described as follows:
Program of P[oiects
Estimated
Cost
$279,1~zH
bUsesand.vans 124,063'
155,O79
Town of Riverhead, elderly and disabled buses;,and'.~ans
Town of Shelter Island elderly and '
'Town of Sr~ithtoy~n, elderly 455.079
Town of Southampton, elderly and disabled'buses:and~vans 1;55,,0~
Town of Soathokl, elderly and',disabled bus~ anctvan~ 124.063
Disabled America Veterans 6f No~:[hpo,~, elder,s:and d~sabl~ed buses
Total Cost
Estimated Federal Share:
and be it further
124~ 063
$1,240~630
$ ~2~504
RESOLVED, that the Designed of the County Executive of Suffolk County is hereby
authodzed~ to execute and file with such application' an assurance or any other document
required, by the U.S. Department of Transportation. effectuatiag the purpose of Title VI of the Civil
Rights Act 'of 1964; and to fumish such additional~- information as the U.S. Department of
T[anspo[tatfon may require ir~ connectior~ with the application for the Program of Projects and
Budget; and be it further
RESOLVED; that the Designed of the County Executive of Suffolk County is hereby
authorized to execute grant agreements on behalf of the County of Suffolk with the U.S.
Department of Tmnsportat on. for aid in the financing of the capital assistance Program of
Projects andBadget herein described; and be it further
RESOI~VED, that the County Executive of Suffolk County or his designee k~ hereby
authorized to execute an MOU with the New York State Department of Transportation .to provide
n'ecessa~ oversight in connection with said grant.
County Executive of Suffolk County
Date of Approval: "~'\ ~ \ ~' ~
SUFFOLK COUNTY
County Legislature
RIVERHEAD, NY
This is to certify that I, HENRY L. BARTON, ~K., Clerk of the
County Legislature of the County of Suffolk, have compared th~ foregoktg
copy of resolution with the original resolution now oa file in this office, and
which was duly adopted by the County Legislature of said County on
June 29, 1999 and that the same is a true and correct transcript
of said r~solutiun and or' the whole thereof.
IN WITNESS WHEREOF, [ have hereunto set my hand and the
official seal of the County Le~islatur~ of the Cou.n. ty of Suffl>l~
counO h, la e t
Pat~e 19 cif 22
Intro. Res No. 1828-2000 Laid onTable 8/8/2000
Introduced by the Presiding Officer at the request of the County Execut ye
RESOLUTION NO: '7 ~ ¢ - 2000, AMENDING THE 2000
OAPITAL BUDGET AND PROGRAM, AOCEPTING ANB
APPROPRIATING FEDERAL FUNDS AND OTHER
FUNDS AND AUTHORIZING THE PURCHASE OF
pARATRANSIT VANS FROM A NEVV YORK STATE
ON
TOTAL
OF
WHEREAS, Section 3031 of the Transportation Equity Act of the 21st Century
(TEA-21) allocated various,amounts of capital ~nds in Federal Fisca, Year 1998 to the Town~
of Brookhaven, East i~tarnpt,on, Riverhead, Shelter Island, Smithtown, Southampton, Southold
and the Disabled American Veterans of Nbrthbort ('the Organizations") to acquire paratransit
vans f5¢ their eldedy and disabled prQgrams; and
WHEREAS, in order to redube the grant making ~aper work process, Suffolk
County was reque.st~,c~ by the Federal Transit Administration (FTA) to file for and to accept the
grant on behalf of thC Organizations;, and
WHEREAS, Resotution No. 616-I999 authorized the filing for the execution of a
grant with the FTA for these Organization's project involving the acquisition of paratransit vans
and said grant NY-03~0366 was approved by the FTA; and
WHEREAS, in order to implement this project, the Department of Public Works
proposes to purchase the paratransit vans utilizing Federal funds (80%) and the Organization's
(20%) funds; the only County funds required for this project.will be to "first instance" the Federal
share; and
WHEREAS, New York State Contracts provide for the manufacture of paratransit
vans from which the County seeks to purchase the paratransit vans for a total co~t not to
exceed $1.240,628; and
WHEREAS, Resolution No. 471-1994. as revised by Resolution No. 520-1999, has
established a ododty ranking of Caoital Projects as the basis for funding Capital Projects such
'as this project: therefore be it
RESOLVED, that this Legislature. being the lead agency under the State
Environmental Quality Review Act ("SEQRA"), Enwronmental Conservation Law Article 8,
hereby finds and determines that [his law constitutes a Type I1 'action, pursuant to Volume 6 of
the New York code of Rules and Regulations ("NYCRR") Section 617.5 (25) and (27), in that the
resolution concerns purchasing of furnishings, equipment and supplies, other than land,
radioactive material, pesticides, herbicides or other hazardous materials, and adoption of a local
legislative decision ih connection with the same; as a Type 11 action, the Legislature has no
further responsibilities under SEQRA; and oe it further
PaQe 20 of 22
RESOLVED, that it .is hereby determined that this project has been classified as a
priodty ranking of sixty~two (62) and is eligib e for approval in accordance with the provisions of
'Resolution 471-1994 as revised by'Resolution No~ 520-1999; and be it further
RESOL,VED, that the 2000 Capital Budget and Program is hereby amended as
follows:
Project No. 5658
Project Title: Purchase of Public Transit Vehicles
Current Revised
2OOO 20OO
Total Capital Capital
Est'd. Budg, et & Budget &
Cost Pro~rarn Proc~ram
5. Furniture & Equipment
$53,392,225
$60,000B $ 60,000B
60:000S 60,000S
48~000F 1,472,502F
00 248.1260
6. TOTAL $53.392.225 $600,000 $1,840.628
and be it further
RESOLVED, that the County Comptroller and County Treasurer be and they
hereby are authorized to accept and appropriate the following federal funds:
Proied No.
525-CAP-CAP-56027
ReF525-5658.525
Proiect Title
Purchase of Paratransit Vans on Behalf
Of Eight Organizations
Amount
$992,502
and be it further
RESOLVED, that the County Comptroller and County Treasurer be and they
hereby are authorized to accept and appropriate the following other funds:
Pr0iect No.
525-CAP-CAP-56027
Ref-525-5658,525
Proiect Title
Purchase of Paratransit Vans on Behalf
of Eight Organizations
Amount
$248.126
DATED: SEP ! g 2000
APPROVED BY:
'County Executive of Suffolk County
Date of Approval: '=~ b ~
$,di~FOEKco~T,~ ....... Thi~i-a~t6 certify, that 1, HENRY E:.~AP, TON;~.IF.., Clerkofthe
County Legislature County Legislature of'the County of SuffOlk have compared th~ foregoing
KiVER.HEAD, NY copy of resolution with the original resolution now on file Lq this office, and
which was dull' adopted by the Cotmty Legialature of said Countyon.,
September 12, 2000, and that the same is a uae and correct transcript
· o£ sam ,re~olutiori an~d of the whole thereoL ....
IN'WITNESS WttE~O]~, I~have hereuato set ~y ~ aha tae
official seal o[the Co f~