AI meeting of the Fayette County Board of Commissioners was held at 10 a.m. on Thursday, November 21 2024, at the meeting room of 2 West Main Street, Uniontown PA. In attendance- Commissioner Chairman Scott Dunn Commissioner Dave Lohr Commissioner Vincent A. Vicites Chief Clerk Amy Liston County Solicitor Jack Purcell Commissioner Dunn convened the meeting at 10 a.m. and asked everyone to stand for a prayer led by Mark Trujllo of Cherry Tree Alliance, which was followed by the recitation of the pledge of allegiance. Commissioner Dunn said the agenda needed to be amended. AI motion was made by Commissioner Dunn and seconded by Commissioner Lohr to amend the agenda to reject all bids received for Bid 24-05, Dunlap Creek Park Lake Trail Development Project, as all bids came in over budget. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Public Comment on Agenda Items- None Controller Christopher Hager presented the following financial condition of the county on behalf of Controller Robb Rhodes. Office of the Controller Fayette County, Pennsylvania Phone (724)430-1217 Fax(724)430-1366 ROBERT P. RHODES Controlier DATE GENERALFUND CashE Balance TRAN TaxA Anticipation Note 2024 Revenue: 2024 Expenditures: 2023 Expenditures Paidi in: 2024: DUE TO GENERAL FUND Payroll Payments Duet to General Fund- -LF Payroll Payments Duet to General Fund -CYS Loan Payable Duet to GeneralFund- -CYS CYS Current Cosh Bolance S 974,451.03 TOTAL ACT13 MARCELLUS SHALE FUND/FUND1 13 Cash Balance- Unconventional Wells Account Cash Balance- Legacy Account Cash Balance- Bridge Department Account CAPITAL RESERVE FUND/FUND: 51 Cash Balance November21,2 2024 General Ledger Budget YTD %F Received Budget VTD %Used $ 2,343,400.52 $ 4,200,000.00 52,307,115.00 37,059,329.32 70.85% 56,514,026.51 41,734,847.57 73.85% 3,109,724.62 $ $ 5,930,037.11 $ 750,000.00 $ 6,680,037.11 172,659.42 754,512.34 1,798,240.95 $ 297,716.05 AVETECQUMYCOUATPOLE 61 EASTI MAIN STREET . UNIONTOWN, PENNSYLVANIA 15401 Fayette County Redevelopment Authority 2 Chief Clerk Liston read the agenda items into the record. AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider adoption of the attached resolution which approves funding recommendations for Fayette County's 2024-2025 Local Share Account (LSA) Program application being submitted by the Fayette County Redevelopment Authority to the Pennsylvania Department of Community and Economic Development (DCED). Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Behavioral Health Administration Amotion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider approval of the following agreements and modifications. Contract Value $557,577 $621,383 $2,171,392 $955,355 $857,241 Period 01/01/25-12/31/25 07/01/24-06/30/25 0701/23-06/30/24 07/01/23-06/30/24 07/01/23-06/30/24 HealthChoices Professional Service Agreement 2025 Modification Agreement #1 2024-2025 Modification Agreement #1 2023-2024 Chestnut Ridge Counseling Services, Inc. Crosskeys Human Services, Inc Mental Health Association inl Fayette County Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Building and Grounds Adelphoi Village Laurel House, Inc. A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider accepting bids for Bid 24-07 for county cars int the amounts listed on the bid sheets as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously 3 A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider advertising for bids on tires for county vehicles. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Children and Youth Services A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to ratify a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Community Resources of Fayette County, Inc. a/klal Crime Victims' Center of Fayette County, 6 Oliver Road, Suite 108, Oliver Square, Uniontown, PA 15401 for School & Community Program on as needed basis. The rate is $23,000.00 for the contract period. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to ratify a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Community Resources of Fayette County, Inc. alk/al Crime Victims' Center of Fayette County, 6 Oliver Road, Suite 108, Oliver Square, Uniontown, PA 15401 for Parenting Classes, CounselingVstationuie Skills, Victim/Community Awareness, Teen Life Skills, Teen Parenting on an as needed basis. The rates are as follows: Parenting Classes Individual one on onej parenting Counseling/Visitation (life skills) Services $ 50.00/hr Victim/Communty Awareness Competency Development Program Teen Life Skills Program Teen Parenting Program Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes $ - 250.00/per class $ 100.00/hr $ 000hrindivdualsesson 5 00Ohrindivdualisesion : 50.00/hr/individividual/session 4 Motion passed unanimously Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children and Youth Services and Arora, Inc., 414 S. Maple Lane, Greensburg, PA 15601 for various evaluations, mental health assessments, consultations, and related services on an as needed basis. The rates are as follows: Parental Capacity Evaluation Bonding Assessment Psychological Evaluation Mental Injury Evaluation Alleged Victim/Trauma Assessment Consultations Report Writing Court Preparation/Testimony Master's Level Professionals & Below (two-hour minimum) Professionals Above Masters Level (inj person) Professionals Above Master'sLevel (via phone/virtual) Trauma-Specific Educational Support 800.00/per occurrence 800.00/per assessment 750.00/per assessment 600.00/per assessment 500.00/ per assessment $ 75.00/hour $ 75.00/hour 100.00/hour $1,000.00/halfday 500.00/half day 4 85.00/hr No-Call/No-Show/Cancellation Fee. This fee will be charged for no-call/no-show appointments or appointments cançelled by clients with less than 24 hours' notice, and will be billed at the rate of one (1)hour ofthe specified service. Mileagereimbursement will be billed at the current IRS rate. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Pressley Ridge, 5500 Corporate Drive, Suite 400, Pittsburgh, PA 15237 for all related counseling services, consultations, assessments, court testimony, documentation, and collateral activity for all family preservation services provided to the County at a rate of $95.84 per hour. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes 5 Motion passed unanimously Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Pressley Ridge, 5500 Corporate Drive, Suite 400, Pittsburgh, PA 15237 for Family Behavioral Therapy with four (4) therapists. The rate for this service is $232,000.00 annually. Commissioner Dunn yes CommissionerLohr. yes Commissioner Vicites yes Motion passed unanimously An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Pressley Ridge, 5500 Corporate Drive, Suite 400, Pittsburgh, PA 15237 for Homebuilders with one (1) therapist. The rate for this service is $127,000.00 annually. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Outside In School of Experiential Education, Inc., 1050 Fort Palmer Road, Bolivar, PA 15923, to provide. in-home services to families on as as-needed basis. The rates are as follows: Initial Clothing Pathway to Recovery Voyagers $250.00 $359.00/day $348.00/day Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile 6 Probation and Merakey Pennsylvania, 4521 Crums Mill Road, Harrisburg, PA 17112 for Foster Care Providers on an as needed basis. The rates are as follows: Initial Clothing $250.00 Foster Care Plus (FCP)-BX Enhanced Foster Care-BD Foster Care infant only-EF Foster Care Mother with infant-TF Foster Care Mother with infant-TG Foster Care with two infants-TH Therapeutic Foster Care Mother with infant-DD Respite Foster Care-CX Emergency Respite-HX TFC FULL FEE-FF CRR ITP-GG Rate/day $114.02 $166.95 $104.81 $173.21 $173.21 $248.88 $135.82 $115.09 $126.22 $174.22 $56.10 $19.18 $213.07 $215.90 Therapeutic Foster Care-(TFC) room & board-AA Enhanced Foster Care with Peer Support-JK Enhanced Foster Care with Peer Support- JL Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a FY2024-25 Purchase of Service Agreement between the County of Fayette through Fayette County Children and Youth Services and Fayette County Juvenile Probation and Hoffman Homes for Youth, 815 Orphanage Road, Littlestown, PA 17340 for Residential, Group Home and Shelter Placements on an as needed basis. The rates are as follows: Initial Clothing - $250.00 Program PRTF (MCO) RTF (county rate) Shelter (BA) Rate/day $506.21 $506.21 $425.00 $888.99 $888.99 $5.00 Transitional Living Program (JU) Transitional Living Program (HO) Clothing and Personal Incidentals Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Emergency Management Agency/911 7 A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve Change Order#1t to Motorola Contract: # USC000006004 to add ASTROI Managed Detection and Response and Enhanced Post Warranty to the present contract running 2025 thru 2033. Total cost of Change Order over thel life of the contract is $2,302,873.41. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve an intergovemmenta agreement for sharing radio talk groups(s) between the Commonwealth of Pennsylvania acting through the Pennsylvania State Police and the County of Fayette acting through the Fayette County Department of Emergency Management. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Human Resources CYS AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the hiring of Leah Bierer, Caseworker 1, SEIU CYS, $23.04/hour ($44,928.00 annually) effective November 25, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the hiring of Tyrissa Betters, Case Aide 1, SEIU CYS, $18.31/hour ($35,705.00 annually) effective December 2, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously FACT 8 A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the resignation of Ashley Walker, Part Time Bus Driver, effective September 21,2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the resignation of David Brady, Part Time Bus Driver, effective October 14, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to ratify the hiring of Christie Pillar, FACT Dispatcher, Non-Union Supervisor, PG 9, Step SR, $19.34/hour ($37,713.00 annually) effective November 12, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to ratify the hiring of Cassandra Booze, Full Time Bus Driver (CDL), SEIU, PG 14, Step SR, $18.16/hour ($35,412.00 annually) effective November 18, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously FCBHA A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the resignation of Brianna Copeland, County Caseworker 2, effective November 1, 2024. Commissioner Dunn yes 9 Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Ar motion was made by CommissionerLohr: and seconded by Commissioner Vicites to approve the resignation of Donald Nemchik, County Caseworker 2, effective November 13, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the hiring of Kara Popson, County Caseworker 1, Non-Union, PG 33, Step EE, $19.82/hour ($38,649.00 annually) effective December 2, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the hiring of Edward Dugas, County Caseworker 2, Non-Union, PG 35, Step EE, $21.00/hour ($40,950.00 annually) effective December 2, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the hiring of Joy Yoder, Fiscal Officer 1, Non-Union, PG 38, Step II, $25.64/hour ($49,998.00 annually) effective December 2, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously 10 A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the hiring of David Behary, MH Program Specialist 1, Non-Union, PG 39, Step MM, $29.62/hour ($57,759.00 annually) effective December 2, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously VETERAN AFFAIRS AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the resignation of Brian Bensen, Director of Veteran Affairs, effective November 8, 2024. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Prior to a vote, Commissioner Dunn thanked Mr. Bensen for his years of service. Commissioner Vicites wished him good luck in his new position. HUMAN RESOURCES An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the updated 2024 Workers Compensation Panel effective December 1, 2024. The change includes replacing The Ortho Group for Physical Therapy with OSPTA. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the collective bargaining agreement between the County of Fayette Board of Commissioners and Court Appointed employees represented by United Mine Workers of America (UMWA) for the period of January 1, 2024- December 31, 2027. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously 11 Office of Human and Community Services/FACT A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to authorize Rudy Dutko, Executive Director of Fayette Area Coordinated Transportation on behalf of the County of Fayette, to enter into a contract with Hivebox Creative in the amount of $75.00 per hour (estimated total cost to be between $1,500 and $1,800) for the creation, design, launch and all that entails of a new website for Fayette Area Coordinated Transportation. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the Revised Disadvantaged Business Enterprise Program for Fayette Area Coordinated Transportation as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the Revised Drug & Alcohol Policy for Fayette Area Coordinated Transportation as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the Public Transportation Agency Safety Plan for Fayette Area Coordinated Transportation as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Office of Tax Services 12 Tax Claim Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the following Repository Bids opened on November 5, 2024, subject to all conditions being met. Total bid amount is $13,140.25. Bidder Anastasia Paylian Digi Solutions Tiffany Peterson Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Parcel Municipality Bid $583.00 $3,257.25 $9,300 25-39-0164 North Union Township 02-10-0157 Brownsville Borough 13-19-0006 Franklin Township Planning, Zoning and Community Development: AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a grant application to the Solid Waste Infrastructure for Recycling (SWIFR) funding opportunity EPAOLEMAORCR2405: This is an opportunity is in the category of discretionary, and there is no match requirement. This application will include equipment for Saltlick, Springfield, and Stewart Townships. The amount of the request is $1.3 million. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioners An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the October 22, 2024 commissioners agenda meeting minutes. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve the October 24, 2024 commissioners meeting minutes. 13 Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously An motion was made by Commissioner Dunn and seconded by Commissioner Vicites to approve the appointment of Alex Grote to the Conservation District for a farmer representative for a term to expire on December 31, 2028. Commissioner Dunn yes Commissioner! Lohr yes Commissioner Vicites yes Motion passed unanimously Prior to a motion Commissioner Dunn said the Fayette County Farm Bureau and the Township Supervisors Association both nominated Alex Grote to fill the position A motion was made by Commissioner Vicites and seconded by Commissioner Dunn toa approve the appointment of Scott Dunn to the Conservation District fora commissioner representative for a term to expire on December 31, 2025. currently held by Donald Bowser. Commissioner Dunn yes CommissionerLohrr no Commissioner Vicites yes Motion passed 2-1 An motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a resolution authorizing an amendment to the Loan Agreement dated October 24,2023 with First National Bank of Pennsylvania relating to the 2023 Fayette County Infrastructure Bank Program for the purpose of extending the period for drawdown of proceeds. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioner Dunn said after the vote that this is extending the drawdown from one to two years. He said that is the recommended length of time. 14 A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a resolution to apply for funding from the Main Street Matters Program through the Pennsylvania Department of Community and Economic Development for $35,887 for the Gallatin Building Feasibility Study, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to approve a resolution to apply for a Statewide Local Share Assessment grant of $477,215 from the Commonwealth Financing Authority to be used for the German Masontown Park Baseball Field improvements project, as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioner Dunn said for the record, there is no match. Ar motion was made by Commissioner Vicites and seconded by Commissioner Dunn to approve a resolution to apply for a Statewide Local Share Assessment grant of $525,119 from the Commonwealth Financing Authority to be used for the Sheepskin Trail Development project, as attached. Commissioner Dunn yes Commissioner Lohr no Commissioner Vicites yes Motion passed 2-1 After the vote, the commissioners clarified that there was not a county match. A discussion then occurred between the commissioners about grant money being tax dollars and the amount of money it costs per mile to build a trail. They also discussed whether or not bike trails bring money to communities. Commissioners Vicites and Lohr disagreed about how to handle applying for grant money for trails. A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to reject all bids received for Bid 24-05, Dunlap Creek Park Lake Trail Development Project, as all bids came in over budget. Commissioner Dunn yes Commissioner Lohr yes 15 Commissioner Vicites yes Motion passed unanimously Prior to a vote, Commissioner Dunn said they are working with the DCNR to rescope Public Announcements- Commissioner Dunn said the burning ban was ending today with input from local and state fire officials. He said despite the rain and snow, the project. the county is still in drought conditions. Public Comments- Bill Talkington asked about the zoom chat window. Adjournment adjourn the meeting. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to 16 RESOLUTION OF THE BOARD OF COMMISSIONERS APPROVING RECOMMENDATIONS FOR FUNDING 2024-2025 FAYETTE COUNTYI LOCAL SHARE ACCOUNT PROGRAM OF FAYETTE COUNTY THROUGHT THE WHEREAS, the PA Race Horse Development and Gaming Act (Act 2004-71) as amended has established the Pennsylvania Gaming Local Share Account (LSA) through the Pennsylvania Department of Community and Economic Development (DCED) for the purpose of distributing 2% of gross terminal revenues of certain licensed gaming facilities in an orderly and timely fashion to support and enhance community and economic well-being WHEREAS, an LSA has been established by DCED for Fayette County due to gaming revenues generated by thel Lady Luck Casino at Nemacolin Woodlands Resort in Wharton' Township, Fayette County; and WHEREAS, Fayette County has entered into a Cooperation Agreement, dated March 17, 2015, with the Redevelopment Authority of the County of Fayette, Pennsylvania, which designates the Redevelopment WHEREAS, the Redevelopment Authority has established local guidelines in order to facilitate the local WHEREAS, these guidelines indicate that prior tos submission ofa any combined single application tol DCED requesting LSA funding, the Redevelopment Authority will present funding recommendations to the County WHEREAS, for the 2024-2025 Fayette County LSAI Program the Redevelopment Authority has prepareda NOW, THEREFORE, BE ITE RESOLVED, by the Board of Commissioners of the County of Fayette: 1. That the 2024-2025 Fayette County Local Share Account (LSA) Program funding recommendations prepared byt the Redevelopment Authority are hereby approved. The Clerk is hereby directed to file an overview of said funding recommendations with the minutes of 2. That the County further expresses full support for the 2024-2025 LSA Program Application which will be submitted byt the Redevelopment Authority to the Pennsylvania Department of Ihereby. certify that the foregoing resolution is a true and correct copy of a Resolution duly adopted by the Fayette County Board of Commissioners at their meeting held the 215t day of andr mitigate thei impact of gaming and related activities; and Authority as the local administrator of thel Fayette County LSAI Program; and process for administration andi implementation oft the Fayette County LSA Program;and Commissioners' for formal approval; and listing of funding recommendations for consideration byt the County Commissioners. this meeting. Community and Eçonomic Development (DCED). November 2024. Chief Clerk (Seal) County Vehicles Bid Sheet Bid# #24-07 Fill in bid amount beside vehicle YEAR MAKE 1) 2011 FORD 2) 2009 FORD 3) 2009 FORD 4) 2009 FORD 5) 2008 FORD MODEL VIN BID AMOUNT Escape 1FMCU9DG7BK821043 $ 40000 Escape IFMCU9STX9XB4828 $ Escape IFMCU93769XB48326 Escape IFMCU93789XB48327 EPIPNEUIBALAYICS $ Additional Bid Information Required: 32500 > 3250 6) 1990 INTERNATIONAL TmAITSAZIMOLIQSOHS 60000 Name of Bidder: Rey Address: Phone Number: Contact Person: Fax Number: SUBMIT ONE ORIGINAL AND FIVE COPIES OF THIS BID! FORM. County Vehicles Bid Sheet Bid#24-07 Fill in bid amount beside vehicle YEAR MAKE 1) 2011 FORD 2) 2009 FORD 3) 2009 FORD 4) 2009 FORD 5) 2008 FORD MODEL VIN BID AMOUNT Escape IFMCU9DG7BK821043 $ Escape FMCU937X9XB48328 $ Escape IFMCU93769XB4826 $ Escape IFMCU93789XB48327 $ PATPMEUIBAUAYRCS $_776 00 6) 1990 INTERNATIONAL TruckIHTSAZPMOLIQ430445 Additional Bid Information Required: Tanes Guc Lnoton Name of Bidder: Address: Phone Number: Contact Person: Fax Number: SUBMIT ONE ORIGINAL AND FIVE COPIES OF THIS BID. FORM. County Vehicles Bid Sheet Bid #24-07 Fill in bid amount beside vehicle YEAR MAKE 1) 2011 FORD 2) 2009 FORD 3) 2009 FORD 4) 2009 FORD 5) 2008 FORD MODEL VIN BID AMOUNT BapiMCUDOTBX32I06 $ Escapel IFMCUP37X9XB48928 $ Loso Escape IFMCU93769XB48326 $ Escape FMCU93789XB48327 $ ExplorerlFMEU73E980A97306 $ Additional Bid Information Required: 7 Phalg Bablo dnatom 6) 1990 INTERNATIONALTIekIHISAZPMOLIQ430445 Name of] Bidder: Address: Phone Number: Contact Person: Fax Number: SUBMIT ONE ORIGINAL AND FIVE COPIES OF THIS BID FORM. FACI Fayebbe Area COORDINATED TPANSPORIATION FAYETTE AREA COORDINATED TRANSPORTATION DBE PROGRAM PLAN FAYETE AREAECIDNTIETDNRES Revised November 8, 2024 hudPDutho SIGNATIREOF EXECUTIVE! DIRECTOR FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 TABLEOF CONTENTS Program Overview. Subpart A General Requirements Applicability ($26.3). Definitions ($26.5). Objectives and Policy Statement ($26.1 and $26.23). Non-Discrimination Requirements ($26.7). Record Keeping Requirements ($26.11)... Bidders List ($26.11 (c)). Federal Financial Assurances ($26.13). Contract Assurance ($26.13 (b)). DBE Program Updates ($26.21). Policy Statement ($26.23).. DBE Liaison Officer (DBELO)(26.25). DBE: Financial Institutions ($26.27). Prompt Payment Mechanisms (526.29). Prompt Payment ($26.29(a)).. Retainage ($26.29(b)). Monitoring and Enforcement (526.29(d)). Directory ($26.31).. Overconcentration (526.33). Business Development Programs ($26.35). Monitoring and Enforcement Mechanisms ($26.37). Small Business Participation (526.39). Set-asides or Quotas ($26.43). Overall Goals (526.45). Goal Setting and Accountability ($26.47). Transit Vehicle Manufacturers Goals (526.49). Meeting Overall Goals/Contract Goals ($26.51). Uniform Report ofDBE. Awards or Commitments and Payments (526.11(a)).. SUBPART! B-ADMINISTRATIVE REQUIREMENTS, SUBPARTC-GOAS, GOOD: FAITH EFFORTS, AND COUNTING 10 10 10 11 11 12 1Page FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Good Faith. Efforts Procedures (526.53). Award of Contracts with al DBE Contract Goal (S26.53(a)) Information to be Submitted ($26.53(b)).. Evaluation of Good Faith Efforts (526.53 (c)).. Administrative Reconsideration ($26.53(d)). Counting DBEI Participation (526.55). SUBPARTS D and) E - CERTIFICATION. Certification Process ($26.61 - $26.73) Unified Certification Programs ($26.81). SUBPARTF-COMPLIANCE AND: ENFORCEMENT. Information, Confidentiality, Cooperation (526.109). 12 12 13 13 13 14 15 15 15 15 17 17 17 17 18 19 24 26 Good. Faith Efforts when al DBEi is Terminated/Replaced on a Contract with Contract Goals (S26.53(f). Monitoring Payments tol DBES. Monitoring DBE Work. Attachment. A -4 49 CFR Part 26. Attachment B - Bidder'sI List Collection Form.. Attachment C = CFR 491 Part 26, Appendix. A - Guidance Concerning Good Faith Efforts. : 21 Attachment D. - Forms 1 and 2 for Demonstration of Good) Faith Efforts.. Attachment E - Disadvantage Business Enterprise Program Approval. 2Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 PROGRAM OVERVIEW 26 (ATTACHMENTA). Fayette Area Coordinated Transportation (FACT) has developed this Disadvantaged Business Enterprise (DBE) Program witha a Small Business component pursuant to 49 Code of Federal Regulations (CFR) Part SUBPART A GENERAL REQUIREMENTS OBJECTIVES AND POLICY STATEMENT ($26.1 AND $26.23) FACT's Program objectives and policy statement. are int thei following signed policy statement (FIGURE 1). FIGURE 1: SIGNEDI DBE POucY STATEMENT FACV Fayette Aree DISADVANTAGED! BUSINESS ENTERPRISE (DBE) POUCYSTATEMENT DISADVANTAGED BUSINESS! ENTERPRISE (DBE) Poucy Objectives/Poliry: Statement (526.1,5 $26.23) FayetteA Area Coordinated1 Transportation (FACT) hase establishedat Disadvantaged Business Enterprise (DBE) programi ina accordance withr regulations oft thel U.S. Department oft Transportation (0or), 49CFR Part: 26.F FACThasn received Federalf financiala assistance fromt the Departmento ofT Transportation, anda asa condition ofr receiving thisa assistance, FACT hass signeda ana assurance thatitv willo complyv with4 49 CFRPart Itist thep policyo oft theF FACT to ensuret thatD DBEsa ared definedi inp partz 26, havea ane equald opportunityto receivea andp participatei inD DOTa assisted contracts. Itisa also ourp policy: 1. Toe ensure nondiscriminationi int thea award anda administration ofDOTa assisted contracts; 2. Toc createa al levelp playing field onv which! DBES cand compete fairlyf for DOT assisted contracts; Toe ensure thatt the DBEF Programi isr narrowlyt tailoredi ina accordance witha appliçable law; Toe ensure thato only firms thatf fully meet 490 CFRF Partz 26e eligibllity standards arep permittedto Toh helpr remove barrierst tot thep participations ofD DBESI in DOT assistede contracts; and, Toa assistt thed development offirmst thato canc competes successfullyi in1 ther marketp place Kristine Peck, FACT's Accountings Speclalist hast been delegateda ast the DBEL Liaison Officer. Int that capacity, Kristine Peck responsiblei fori implementing: alla aspects ofthe DBE program. Implementation: of the DBE programi isa accordedt thes same priority as compliancev witha allo other! legalo obligations incurredby the FACTI init itsf financiala assistance agreements witht thel Department ofT Transportation. FACT has disseminatedt thisp policy statement tot Fayette County'sE Board ofCommissioners: anda allofthe components ofour organization." Thiss statement has been distributedt to DBE andr non-DBEL business communitiest thatp periormv workf forF FACTO ont DOT-assisted contracts. 26. participate as DBES; outside the DBEF Program. H-804 Date Rudy Dutko, Executive Director pha 3/Page FACT-DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 APPLICABILITY ($26.3) FACTisa ar recipient of federal transit funds. DBE regulations are applicable to federal transit funds authorized by Titles 1, III,' Vand VI ofl ISTEA, Pub. L. 102-240 or byi federalt transit lawsi in Title 49, U.S. Code, or Titlesl, Il, and Vo of the' TEA-21, Pub.! L.: 105-178. Titles! 1, Il, and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: AI Legacy for Users (SAFETEA-LU), Pub. L.: 109-59, 119Stat. 1144; and Divisions A: and B oft the Moving Ahead for Progress in1 the 21st Century Act (MAP-21), Pub. L. 112-141, 126 Stat. 405. DEFINITIONS ($26.5) [ATTACHMENTA). FACT will adopt the definitions contained in Code of Federal Regulations (CFR), Title 49, 526.5. NON-DISCRIMINATION REQUIREMENTS ($26.7) FACT will never exclude any person from participation! in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by Ina administering its DBE program, FACT will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially! impairing accomplishment oft the objectives of the DBE program with respect to individuals ofa particularrace, 49 CFR part 26 oni the basis of race, color, sex, or national origin. color, sex, or national origin. RECORD KEEPING REQUIREMENTSG26.) Uniform Report of DBE. Awards or Commitments and Payments (526.11(a)) FACT will report DBE participation to FTA using the Uniform Report of DBE Awards or Commitments and Payments, found in Appendix B1 to thel DBE regulation. Reporting willl be on a semiannual basis usingt the electronic Uniform Report of DBE Awards or Commitments and Payment form available int the FTA TEAM-Web system. This report is due each. June 1 and December1. In calendar year 2025, the reporting FACT has developed the following procedures to ensure the Uniform Report of DBE Awards or FACTh has adopted tracking procedures system andt the bulleted list below summarizes the categories that will be annual on December: 1. Commitments and Payments are accurate and timely. the Agency documents for alli federal expenditures by project. DBE Tracking System: Project Procurement Method firms will perform. Participation Contract type such as a prime, subcontractor, Invitation for Bid, Sole Source, etc. Names, addresses, phone numbers, contact email and description of the work that DBE FACT will monitor the number of DBE's, dollar amounts awarded, and percentage of! DBE FACT will monitor thes status of alli funds paid ori in progress. 4Page FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 FACT will require that DBES provide an update by ethnicity and gender oft the number of employees and dollar amounts paid to certified DBE firms during ther reporting period. (Ethnicity willi include Black American, Hispanic American, Native American, Asian-Pacific American, Subcontinent Asian. Americans, Non-minority, and Other.) Overall DBE Goal and the percentage race-neutral andr race-conscious. Amount andi Percentage of Small Business Participation Activities and outreach tol DBE Firms Activities and outreach to Small Businesses Submission Requirements: Semi-annually (March and October), FACT's DBELO will provide thel Executive Director with the amount oft federal expenditures along with monies paid to certified DBE firms. The Executive Director, DBELO and Department Managers willr meet to discuss past andi future expenditures andi identify strategiest to increase DBE participation. This effort willi increase DBE participation as wella as enable timely submission oft the Uniform Report. The Accounting Specialist will update the Uniform Report of DBE Commitments/Awards and The Executive Director will review the draft Uniform Report of DBE Commitments, /A Awards The Executive Director will submit thet finalized report byt the required submission date. Payments for the reporting period. and Payments. Bidders List ($26.11 (c)) FACT will create and maintain a bidders list, consisting of information about all DBE andi non-DBE firms that! bid or quote on Department of Transportation (DOT)-assisted contracts. Thel list willi include successful and unsuccessful bidders/offerors. The purpose of this requirement is to allow use oft the bidder's list approach to calculating overall goals. Thel bidder list willi include the name, address, DBE FACT will collect thisi information through notification in alll bid solicitations anda a contract clause requiring prime bidders to report information regarding all firms that quote tot them ons subcontracts andf firms quoting on subcontracts to report thei information directly to FACT. non-DBE status, age, and annual gross receipts off firms. (ATTACHMENTB) FEDERAL! FINANCIALASSURANCES(626.13) FACT has signed the following assurances, applicable to all DOT-assisted contracts and their administration: FACTS shall not discriminate on the basis ofi race, color, national origin, or sex int the award and performance of any DOT assisted contract or ini thec administration of its DBE Program or the requirements of 49 CFR part. 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination. in the award and administration of DOT assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, isi incorporated by reference in this agreement. Implementation oft this program is a legal obligation and failure to carry out its terms shalll be treated as a violation oft this agreement. Upon notification to the [Recipient] ofi its failure to carry out its approved program, the 5Page FACT-[ DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Department may impose sanction as provided for under part 26 and may, in appropriate cases, refer the matter fore enforcement under. 184 U.S.C.. 1001 and/or thel Program Fraud Civil Remedies Actof 1986 (31 U.S.C. 3801 ets seq.). Thisl language will appear int financial assistance agreements with sub-recipients. CONTRACT. ASSURANCE ($26.13(B)) FACT wille ensurei that thet following clause is placed in every DOT-assisted contract and subcontract: The contractor, sub-recipient, or subcontractor. shall not discriminate on the basis of race, color, national origin, or sex in the performance oft this contract. The contractor shall carry out applicable requirements of4 49 CFR part 261 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is ar materia!! breach of this contract, which may result int the termination of this contract or such other remedy as the recipient deems appropriate, which mayi include, but is not limited to: 1. Withholding monthly progress payments; 2. Assessing sanctions; 3. Liquidated damages; and/or 4. Disqualifying the contactor from future bidding as non-responsible. SUBPARTB-ADMINISTRATIVE REQUIREMENTS DBE PROGRAM UPDATES ($26.21) Since FACTI has received a grant of $250,000 or more in FTA planning capital, and or operating assistance inaf federal fiscaly year, we will continue to carry out this program until all funds from DOT financial assistance have been expended. We will provide to DOT updates representing: significant changes in the program. POLICY STATEMENT ($26.23) FACTi issued and disseminated: as signed and dated policy statement that is on page three of this program document. The policy statement expresses FACT's commitment tot the DBE program, the program objectives, and outlines responsibilities for its implementation. DBELIAISON OFFICER (DBELO)(26.25) implement all aspects of FACT's DBE Program. The DBELOis: The Disadvantaged Business Enterprise Liaison Officer (DBELO) will work witht the Director of FACTt to Kristine Peck White, Accounting Specialist 724-628-7433 extension 407 Fayette Area Coordinated Transportation 825 Airport Road Lemont Furnace, PA: 15456 Apeck@hs.fayette.rg 6Page FACT-DSADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISEDNOVEMBER. 8, 2024 Int that capacity, the DBELOI is responsible for implementing alla aspects oft the DBE program and ensuring that FACT complies with all provision of 49CFR Part 26. The DBELO has direct, independent access to FACT's Executive Director concerning DBE program matters. The Accounting Specialist reports directly to The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. The duties and responsibilities include thei following: 1. Gathers andr reports statistical data and other information asrequired by DOT. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 4. Ensures that bidr notices and requests for proposals are available to DBEs ina at timely manner. 5. Identifies contracts and procurements 5o that DBE goals are included in solicitations (both race- neutral methods and contract specific goals attainment and identifies ways to improve progress. 6. Analyzes FACT's progress toward attainment andi identifies ways toi improve progress. 8. Advises the Director andg governing body on! DBE matters and achievement. the Executive Director. 3. Works with all departments to set overall annual goals. 7. Participates in pre-bid meetings." 9. Chairs the DBE Advisory Committee. 10. Participates inp pre-bid meetings. insurance. 11. Provides DBES withi information and: assistance in preparing bids, obtaining bonding and 13. Provides outreach tol DBES and community organizations to advise them of opportunities. 12, Plans and participates in DBE training seminars. DBEI FINANCIAL INSTITUTIONS ($26.27) Itist the policy of FACT to investigate the fulle extent of services offered byf financial institutions owned and controlled by socially and economically disadvantaged individuals in1 the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contract to make use of these institutions. However, there are no suchi institutions in1 the area att the current time andt the daily requirements for handling and depositing fares, employee payroll transactions, etc. necessitate the use ofal local bank. FACT wille evaluate if DBE financial institutions exist onat triennial basis when setting new goals. PROMPT PAYMENT MECHANISMS (526.29) Prompt Payment ($26.29(a)) FACT willi include thet following clause ine each DOT-assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance ofi its contract no later than 30 days from the receipt ofe each payment the prime contract receives from FACT. Any delay or postponement of payment from the above referenced time frame may occur only forg good cause following written approval of FACT. This clause applies to both DBE andi non-DBE: subcontracts. 7Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Retainage ($26.29(b)) The prime contractor agrees to return retainage payments to eachs subcontractor within 30 days after the subcontractors worki is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur onlyf for good cause following written approval of FACT. This The County of Fayette, FACT willl bring to the attention of the DOT any false, fraudulent, or dishonest conduct in connection witht the program, so that DOT cant take thes steps (e.g., referralt to the Department ofJ Justice for criminal prosecution, referral1 tot thel DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. Similar action will alsol be considered under the County of Fayette, FACT's own legal authorities, including clause applies tol both! DBE andr non-DBE subcontracts. Monitoring and Enforcement (526.29(d)) responsibility determinations ini future contracts. DIRECTORY ($26.31) FACT utilizes the Pennsylvania Unified Certification Program (PAI UCP) as its DBE directory. The PAI UCP maintains a unified DBE directory that lists alli firms certified byt the PAI UCP. The PAI UCP directory lists ther name, address, telephone number, type of work thet firm has been certifiedi to perform as a DBE and thel North American Industry Classification: System (NAICS) code(s). Thel PAI UCP directoryi is at least updated annually and throughout the year as new DBE firms are: added. The PAI UCP Directoryi is available inj print (or on thei internet. The PA UCP website is! tps/bepdhessiencn FACT willi include thei following paragraph ini its requests for proposals and bids: Itist the policy of FACT to ensure that DBE's, as definedi in 49CFRA Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. The Pennsylvania Unified Certification Program (PA UCP) certifies DBE firms as wellas provides a detailed directory of DBE firms by their NAICS code. Bidders, proposers, contractors and: subcontractors can locate certified DBE firms by accessing the PA UCP website, p/Papdbeytmcon. FACT utilizes the PAI UCP website toi identify possible DBE firms and obtain quotes. OVERCONCENTRATION: (526.33) FACT has not identified that overconcentration: exists int the types of work that DBES perform. We will re-evaluate for overconcentration on at triennial basis when setting new goals. BUSINESS DEVELOPMENT PROGRAMS (526.35) program on at triennial basis when setting new goals. MONITORING AND ENFORCEMENT MECHANSM5(62637) FACTI has not established. a business development program. We will re-evaluate the need for sucha FACT will take thet following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part: 26. 8Page FACT-DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 1. Wev willl bring tot the attention of the Department ofl Transportation: anyf false, fraudulent, or dishonest conducti in connection with the program, so that DOT can taket the steps (e.g., referral to the Department ofJ Justice for criminal prosecution, referralt to the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) 2. We will consider similar action under out own legal authorities, including responsibility determinationsl int future contracts. FACT mayi impose such contract remedies as are available under federal, state andl local law and regulations for non-compliance.Such Breach of contract action, pursuant tot thet terms of the contract; Breach of contract action, pursuant to enforcement actions pursuant to Pennsylvania Unified Program for Disadvantaged Business Enterprises; Withholding of progress payments and contract retention's; Imposition of liquidated damages; And, termination of the contract in whole ori in part. provided in: 26.109. remedies mayi include, but are not! limitedt to: Inaddition, thet federal government has available several enforcement mechanisms thati it may apply tot firms participating int the DBE program, including, butr not limitedi tot the Suspension or disbarment proceedings pursuant to 49 CFR Part26 Enforcement action pursuant to 49 CFR Part: 31 Prosecution pursuant to 18USC1001 following: 3. IfFACT1 finds the contractor not in compliance witht the DBE provisions and the contractor fails or refuses tot take adequate corrective action, FACT mayi impose one or more oft the following penalties. Issue an order stopping all or part of payment/work; Suspend payments to prime contractor until such timet the: subcontractor receives Terminate contact for cause or default, without liability to FACT; Suspend prime contractor from participating in future contracts with for a time payment and interest; periods specified by FACT; and/or Other penalties as determined by FACT. 4. We will also provide a monitoring and enforcement mechanism to verify that work committed to DBES at contract awardi is actually performed by the DBES. This willl be accomplished! by completing a written certification that we have reviewed the contracting records and monitored work sites on which DBES are performing, and will occur for each 5. We willl keep a running tally ofactual payments to DBE firms for work committed to them at contract/project on which DBES are participating. thet time of contract award. SMALLI BUSINESS PARTICIPATION (526.39) FACT hasi incorporated the following non-discriminatory element toi its DBE program, in order to facilitate competition on DOT-assisted public works projects bys small business concerns (both DBES and 1. removal of unnecessary and unjustified bundling of contract requirements 2. review of small purchases for small business participation non-DBE small businesses): 9Page FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 3. annually review operating and capital budgets andi identify possible procurements for smal! 4. review procurements and solicitations for possible restructuring to encourage small business 5. requiring bidders on! large contracts to identify and/or provide specific subcontracts appropriate 5. development of acquisition strategies and: structuring procurements tot facilitate bids by and 7. letting prime contract of as size that small businesses can reasonably compete for and perform 8. business size willl be verified using another entity whose process is for determining eligibilityis is Tol help meet FACT's overall goal through race-neutral measures, ity wille ensure that a reasonable number of prime contracts are ofa as size that small businesses, including DBES can reasonably perform. FACT utilizes the definitions and criteriai for smalll businesses as described by the Pennsylvania Department of Transportation (PennDOT). The current definitioni is as follows: 1. "Afor-profit business, owned bya a U.S. citizen or lawfully admitted permanent resident of the 2. Afirm that does not exceed the Small Business Administration's: size standards for the work they 3. Af firm whose average annual gross receipts for the three previous fiscal years does not exceed Ihtps/www.dotsbe.pagoys8Ewev/veb/sbe/vlewHome.do) thath has as searchable function to identify and business participation participation for small business participation awards to small business consortia orj joint ventures consistent with Part: 26. U.S.; desire to perform; and $22.41 million. FACT will utilize PennDOT's small business enterprise website verifyc certified small businesses. SET-ASIDES OR QUOTAS( ($26.43) SUBPARTC-GOALS, GOODFAITH EFFORTS, AND COUNTING FACT does not use quotas in any' wayi int the administration of this DBE program. OVERALL GOALS (526.45) specified by FTA. isast follows: In accordance with $26.45, FACT wills submit its triennial overall DBE goalt to FTA on August 1 of1 they year FACT will also request use of project-specific DBE goals as appropriate, and/or wille establish project- specific DBE goals as directed by FTA.1 The process generally used by FACT to establish overall DBE goals Goals are most often set based ont thel Department's' "Step: 1, Step: 2" process established in $26.45(c)-(d), whereby we establisha a base figure of1 ther relative availability of DBES to perform 10/Page FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM work on our DOT-assisted contracts, then adjust our goal as necessary based on additional Before establishing the overall goal each year, FACT will consult with the Department of General Services website, Fayette Chamber of Commerce and DBELO1 to obtain information concerning the availability of disadvantaged: andr non-disadvantaged. businesses, the effects of discrimination on opportunities for DBES, and FACT's efforts to establish al level playing field for the participation of DBES. Following this consultation, we will publish a notice of thep proposed overall goals, informing the public that the proposed goal andi its rational are available: for inspection during normal business hours aty your principal office for 30 days following the date oft ther notice, and informingt the public comments oni the goals will be accepted for 45 days fromi the date of the notice. Notice willl be advertised int the local newspaper and FACT'swebsite. Normally, we willi issue this notice by. June 1 of eachy year. Ther notice must include. addresses to which comments may be: sent and address where the proposal may be Our overall goal submission tol DOT willi include: the goal (including the breakout of estimated race- neutral andr race-conscious participation, as appropriate); a copy oft the methodology, worksheets, etc., usedt to develop the goal; a summary ofi information and comments received during this public participation process and our responses; and proof of publication oft the goal inr media outlets listed We willl begin using our overall, goal on October: 1 oft the specified year, unless we have received other instructions from FTA. Ifv we establisha a goal on a project basis, we willl begin using our goal by thet time oft thef first solicitation for al DOT-assisted contract for the project. Ourg goal will remain effective for the duration of thet three-year period established and approved by FTA. FACT's goal will remain oni its REVISED NOVEMBER 8, 2024 market information in our area. reviewed. above. website. GOAL SETTING. AND ACCOUNTABILITY ($26.47) Ift the awards and commitments shown on FACT's Uniform Report of Awards or Commitments and Payments at the end of anyf fiscal year are lesst than the overall applicable tot that fiscal year, we will: 1. Analyze in detail the reason fort the difference between the overall goal and the actual 2. Establish specific steps and milestones to correct the problems identified in the analysis;a and 3. Submit the plan to FTA within! 90 days of the end of the affected fiscal year. awardsy/commitments, TRANSIT VEHICLE! MANUFACTURERS GOALS ($26.49) FACT will require each transit vehicle manufacturer (TVM), as a condition of being authorized to! bid or propose on FTA-assistedi transit vehicle procurements,' to certify thati it has complied with the requirements oft this section. Only thoset transit vehicle manufacturers listed onl FTA's certified list of Alternatively, FACT may, ati its discretion and with FTA approval, establish project-specific goals for DBE participation int thep procurement oft transit vehicles in lieu of thel TVM complying with this element of TVM at thet time oft the solicitation are eligible tol bid. the program. 11/Page FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 MEETING OVERALL GOALS/CONTRACT GOALS(526.51) FACT will meet the maximum feasible portion ofi its overall goal using race-neutral means ofi facilitating DBE participation. Following are actions FACT may undertake to increase DBE participation: 1. Arrange solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules iny ways thati facilitate DBE, and other small businesses, participation (e.g., unbundling large contracts to maket them more accessible to: small businesses, requiring or encouraging prime contractors tos subcontract portions of work that they might otherwise perform withi their 2. Provide assistance in overcoming limitations such asi inability to obtain bonding or financing (e.g., by such means as simplifying thel bonding process, reducing bonding requirements, eliminating thei impact ofs surety costs from bids, and providing services to help DBES, and other 4. Carry outi information and communications programs on contracting procedures and: specific contract opportunities (e.g., ensuring thei inclusion of DBES, and other small businesses, on recipient mailing listsf for bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision ofi information in languages other than English, where 5. Provide services to help DBES, and other small businesses, improve long-term development, increase opportunities to participate ina a variety of kinds of work, handle increasingly significant 6. Establish: a program to assist new, start-upi firms, particularly int fieldsi in which DBE participation 7. Ensure distribution of your DBE directory, through print and electronic means, to the widest 8. Assist DBES, and other small businesses, to develop their capability to utilize emerging FACT will use contract goals to meet any portion of the overall goal FACT does not project being able to meet using race-neutral means. Contract goals are established so that, over the period to which1 the overall goal applies, they will cumulatively resulti in meeting any portion of our overall goal that is not We will establish contract goals only ont those DOT-assisted contracts that have subcontracting possibilities. We need note establish: a contract goal on every such contract, and the size of contract goals willl be adapted tot the circumstances of eachs such contract (e.g., type andl location ofv work, availability We wille express our contract goals as a percentage of thet total amount of DOT-assisted contract. own forces); small businesses, obtain! bonding and financing); 3. Provide technical assistance and other services; appropriate); projects, and achieve eventual self-sufficiency; has historically been low; feasible universe of potential prime contractors; and technology: and conduct business through electronic media. projected tol be met through the use ofr race-neutral means. of DBES to perform the particular type of work.) GooD! FAITH EFFORTS! PROCEDURES (526.53) Award of Contracts with al DBE Contract Goal ($26.53(a)) Int those instances where a contract-specific DBE goali isi included ina a procuremenvsolidtation, FACT will not award the contract to al bidder who does not either: (1) meet the contract goal with verified, 12/Page FACT-DSADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 countable DBE participation; or (2) documents it has made adequate good faithe efforts to meet thel DBE contract goal, event though ity was unable to do so. Iti is the obligation oft thel bidder to demonstrate it has made sufficient good faith efforts prior to submission of its bid. Information to be Submitted ($26.53(b)) FACT treats bidder/offers' compliance with goodi faith efforts' requirements as a matter of responsiveness. Each solicitation for which a contract goal has been established will require the bidders/offerors tos submit the following information: 1. The names and addresses of DBE1 firms that will participate int the contract; 2. A description of they work that each DBE will perform; 3. The dollar amount oft the participation of each DBE firm participating; 4. Written ands signed documentation of commitment to use al DBE: subcontractor whose participation its submits to meet a contract goal; 5. Written: and: signed confirmation from the DBE1 that iti is participating in the contract as provided int thep prime contractors commitment and 6. Ifthe contract goali is not met, evidence of good faith efforts. Evaluation of Good Faith Efforts (526.53 (c)) FACT will make the initial determination of whether ab bidder/offeror who has not met the contract goal has documented: sufficient good faith efforts to! be regarded as responsive. The good faith efforts will be documented: andt the evaluation process willi follow the guidance in Appendix A of 49CFR Part 26, FACT's Director is responsible for determining whether al bidder/offeror who has not met the contract goal has documented sufficient good faith efforts tol be regarded as responsive. FACT wille ensure that all information is complete and accurate and adequately documents the bidders/offerors' good faith efforts before we commit tot the performance oft the contract by the Within 10 days of beingi informed by FACT thati iti is not responsive because ith has not documented sufficient good faith efforts, al bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing toi the following reconsideration official: Kristine Peck White, Accounting: Specialist, Fayette Area Coordinated Transportation, 825 Airport Road, Lemont Ther reconsideration official will not have played any role int the original determination that the As part of this reconsideration, the bidder/offeror willl havet the opportunity to provide written documentation or argument concerning the issue of whetheri itr met the goal or made adequate good faithe efforts to do sO. The bidder/offeror will havet the opportunity to meet in person with our reconsideration official to discuss the issue of whether itr met the goal or made adequate good faith efforts to do.) We will: send thel bidder/offeror a written decision on reconsideration, explaining thel basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do: so. examples of good faith efforts. (ATTACHMENTC) bidder/offeror. Administrative Reconsideration (526.53(d)) Furnace, PA1 15456, peckehsayette.Org. bidder/offeror didr not document: sufficient good faith efforts. 13/Page FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Ther result of the reconsideration process is not administratively appealable tot the Department of Good Faith Efforts when al DBE is' Terminated/Replaced on a Contract with Contract Goals FACT requires that prime contractors not terminate al DBE subcontractor listed on a bid/contract witha DBE contract goal without FACT's prior written consent. Prior written consent wil only be provided where therei is' "good cause" for termination oft the DBE firm, as established by $26.53(f)(3) oft the DBE 1. We require that ap prime contractor not terminate for convenience al DBE subcontractor and then perform the work oft thet terminated subcontract withi its own forces ort those of an 2. Whenal DBE subcontractor ist terminated, or fails to complete its work on the contract for any reason, we require thep prime contractor to make goodi faith efforts tot find another DBE subcontractor to substitute for the original DBE. These goodf faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract ast the DBE that was terminated, toi the extent needed to meet the contract goaly we established for 3. Wei include ine each prime contract a provision for appropriate administrative remedies that willl bei invoked ift the prime contractor fails to comply withi the requirements of this section. Before transmitting tol FACTi its request tot terminate, the prime contractor must give notice in writing to the DBE of its intent to do sO. AC copy of this notice must be provided to FACT prior to consideration of ther request tot terminate. The DBE willt then have five (5) days to respond and advise FACT of whyi it objects tot the proposed termination. Int those instances where' "good cause" exists to1 terminate al DBE's contract, FACT will require the prime contractor tor make good faith efforts to replace al DBE thati is terminated or has otherwise failed to complete its work on a contract with another certified DBE, tot the extent needed to meet the contract goal. We will require the prime contractor to notifyt the DBE Liaison officer immediately oft thel DBE's inability or unwillingness to perform and provide reasonable documentation. Int this situation, we will require the prime contractor to obtain our prior approval of thes substitute DBE andi top provide copies of new or amended subcontracts, or documentation of good Ifthe contractor stillf fails to comply, the contracting officer mayi issue at termination for default FACT will include: al bid specification when a contract goal is established pursuant to FACT's DBE program. Thel bids specification willl be usedt to notify bidders/offerors of the requirements to make good faith efforts. FACT will use forms (ATTACHMENT! D) to collect information necessary to determine whether Transportation. (526.53(f)) regulation. affiliate, without our prior written consent. the procurement. faith efforts. proceeding. Sample Bid Specification thel bidder/offeror has satisfied these requirements. The following is an example ofal bids specification: The requirements of 49 CFR Part 26, Regulations oft the U.S. Department of Transportation, apply tot this contract. Itist the policy of the FACT to practice nondiscrimination based on race, color, sex, or national origini int the award or performance of this contract. Allf firms qualifying 14/Page FACT-DSADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 under this solicitation are encouraged to submit bids/proposals. Award of this contract willl be conditioned upon satisfying the requirements oft this bids specification. Theser requirements apply to all bidders/offerors, including those who qualify as al DBE. AD DBE contract goal of percent has been established for this contract. The bidder/offeror shall make good faithefforts, as defined in 49 CFR Part 26, to meeti the contract goal for DBE participation in the performance The bidder/offeror willl be required to submit thef following information: (1) the names and addresses of DBEI firms that will participate int the contract; (2) a description ofthe workt that each DBE firm will perform; (3) the dollar amount oft the participation of each DBE firm participating; (4) Written documentation oft the bidder/offeror's commitment to use al DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that iti is participating in the contract as provided in the commitment made under (4); and (5) ift the contract goali is not met, evidence of good faith efforts. oft this contract. COUNTING DBE: PARTICIPATIONIG26.55) FACT will count DBE participation toward overall and contract goals as provided in 49 CFR: 26.55. Only thev value oft the work actually performed willl be counted toward the DBE goals. Expenditures to aDBE contractor willl be counted toward DBE goals only ifthe! DBE is performing a commercially useful function on that contract. SUBPARTSD ANDI E-C CERTIFIÇATION CERTIFICATION, PROCESS (526.61-526.73) The PAL UCP web address is: www.paucp.com. FACT does not operate a certification program. FACT uses the Pennsylvania Unified Certification Program (PAL UCP) for its DBE Program certification. FACT willt refer potential DBE providers to PA UCP. Any party that has a concern with certification willl be referredi tol PA UCP and/or the U.S. Department of Transportation, Office of Small and Disadvantaged Business Utilization, 1200 New. Jersey Avenue SE, W56-485, Washington, DC20590, Phone: 1023861980A0.32116. ONIFIED CERTIFICATION PROGRAMS ($26.81) FACTis a member ofa a Pennsylvania Unified Certification Program (PAL UCP). The PA UCP meets all oft the requirements of this section. FACT will use and count for DBE credit only those DBE firms certified byt the PAUCP. Entities that are not certified will be encouraged tol become certified through the PAU UCP. The PAI UCP describes its Program oni its website www.paucp.com) as follows: The purpose oft the Pennsylvania Unified Certification Program (PAL UCP) ist to provide "one-stop shopping" for firms seeking certification as al Disadvantaged Business Enterprise (DBE)i in accordance with 490 CFRF Part 26, The PAUCPI makes all certification decisions on behalf ofall agencies and organizations ini the Commonwealth with respect to participation in the DBE Program. In other words, firms certified as al DBE with the PAI UCP are eligible to participate on 15/Page FACT-DSADVANTAGED BUSINESS ENTERPRISE PROGRAM any Federal Aviation. Administration, Federal Highway Administration: and Federal Transit Administration funded contract as a Disadvantaged Business Enterprise. The following table shows contact information for certifying participants that FACT will provide to encourage firms tol be certified ort to learn more about the DBE program. REVISED NOVEMBER 8, 2024 CONTACTI INFORMATION Phone Organization Allegheny County of E PA Department of Transportatio n(PENNDOT) Pittsburgh Transit Transportatio (SEPTA) Cityof Address 542 Forbes Avenue Building P.O. Box 3251 Harrisburg, PA 17105-3251 345 Sixth Avenue Email Department 204 County Office 412-350-4309 mwdbecerticationealeghenycounty, us MBE/WBE/DB Pittsburgh, PA 15219 717-787-5891 penndotu-pnioepagow prt@dbesystem.com DBEPlogam@septaorg Regional Pittsburgh, PA 15222 412-566-5500 Southeastern DBE Program Office Pennsylvania 1234 Market Street nAuthority Philadelphia, PA 1910 11th Floor 7 Philadelphia International Airport DBE Program Office 215-937-5475 215-580-7278 OBD@PHL.Org Philadelphia Philadelphia, PA 1915 3 FACT will also refer potential DBES tol PennDOT's! Supportive Services Center. The website is: https://www.; penndot.p pa. gov/about-usy/EqualempbymenvageyDisadyantaged-usines-Enterprise uportivesentes-apk. The DBE Supportive: Services Center "provides training and consulting services that wille enable DBES to acquire the proficiency, expertise and experience necessary to compete, on an equal basis, with non-DBES" for contracts. Services include training andy workshops, Anyi firm or complainant may appeal al PAU UCP decision ina ac certification matter tol DOT. Such appeals technical: support, business development, management and networking." may be sent to: U.S. Department of Transportation Office of Civil Rights Certification Appeals Branch 1200 New Jersey Ave. SE 16/Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 West Building, 7th Floor Washington, D.C.20590 SUBPARTF-COMPLIANCE AND ENFORCEMENT INFORMATION, CONFIDENTIALITY, COOPERATION ($26.109) FACT wills safeguard from disclose to third parties information that may reasonably be regarded as confidential business information, consistent with federal, state, andI local law. Notwithstanding: any contrary provisions of state or local law, we will not release personali financial information submitted in response tot thep personal net worth requirement toa at third party (other than DOT) without the written consent of the submitter. MONITORINGI PAYMENTSTODBES FACT will require prime contractors to maintain records and documents of payments to DBEs for three years following the performance of the contract. These records willl be made available for inspection upon request by any authorized representative oft the [Recipient) or DOT. This reporting requirement FACT will perform interim audits of contract payments to DBES. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the See the section titled "Prompt Payment Mechanisms (526.29)" on page 7 of this document for more also extends to any certified DBE subcontractor. dollar amounts states int the schedule of DBE participation. information. MONITORING. DBE WORK FACT monitors DBE work. Seet the: section titled "Monitoring and Enforcement Mechanisms ($26.37)" on page 81 for details on how 17/Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER. 8, 2024 ATTACHMENT A- -49CFRI PART 26 htp//www.ecfrgov/g-bin/text-idx. Subpart A- General The Code of Federal Regulations 49, Part 26, Participation by Disadvantaged Business Enterprisesin Department of Transportation Financial, Assistance Programs can be accessed on-line at: Following are thet titles for the subparts and Appendices Subpart B-Administrativel Requirements for DBE Programs for Federally-Assisted Contracting Subpart C-Goals, Good Faith Efforts, and Counting Subpart D-Certification: Standards Subpart E-C Certification Procedures Subpart F-C Compliance and Enforcement Appendix A- Guidance Concerning Good Faith Efforts Appendix B-Uniform Report of DBE Awards or Commitments and Payments Form Appendix C-DBE Business Development Program Guidelines Appendix D--Mentor-Protége Program Guidelines Appendix E -Individual Determinations of Social and Economic Disadvantage Appendix F--Uniform Certification Application Form Appendix G--Personal Net Worth Statement 18Page 0000D 00000 00000 0000D 00000 00000 00000 FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 ATTACHMENT C - CFR 49 PART 26, APPENDIX, A - GUIDANCE CONCERNING GooD FAITH EFFORTS e-CFR data is current as of December 1, 2015 U.S. Government Publishing Office (GPO) nttp:l/www.ecfr.go/cg-bin/text- Title 49 Part 26 Subpart F Appendix/ A dx7SD-2alec'9dbi273lac62-494b7294a6me-trveanode-ap49.126 1109.a8rgn-div9 Appendix At to Part 26--Guidance Concerning Good Faith Efforts 1.When, as a recipient, youe establish: a contract goal on al DOT-assisted contract for procuring construction, equipment, services, or any other purpose, a bidder must, in order tol be responsible and/or responsive, make sufficient good faithe efforts to meet the goal. Thel bidder can meet this requirement ine either oft two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient fort this purpose. Second, eveni ifit doesn't meet the goal, the bidder can document adequate good faithe efforts. This means that the bidder must show that it took all necessary and reasonable. steps to achieve al DBE goal or other requirement of this part which, by their scope, intensity, and; appropriateness to the objective, could reasonably be expected to obtain sufficient II. Inz any situation in whichy youl havee established: a contract goal, Part 26 requires yout to use the good faith efforts mechanism oft this part. As a recipient, youl have the responsibility to make ai fair and reasonable judgment whether al bidder that did not meet the goal made adequate good faith efforts. It isi important for yout to consider the quality, quantity, andi intensity oft the different kinds ofe efforts that thel bidder has made, based on1 the regulations and the guidance int this Appendix. The efforts employed byt the bidder should be those that one could reasonably expect al bidder to take ift the bidder were actively anda aggressively tryingt to obtain DBE participation sufficient to meet the DBE contract goal. Mere proi forma efforts are not good faith efforts to meeti the DBE contract requirements. Wee emphasize, however, that your determination concerning thes sufficiency oft thet firm's good faith efforts is aj judgment call. Determinations: should not be made using quantitative formulas. III. The Department also strongly cautions you: against réquiringt that al bidder meet ac contract goal (ie., obtain as specified amount of DBE participation) in order to be awarded a contract, even though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits youf fromi ignoring IV.T The following is al list of types of actions which yous should consider as part oft the bidder's good faith efforts to obtain DBE participation. Itis not intended tol be a mandatory checklist, nor isi iti intended tol be exclusive or exhaustive. Other factors or1 types of efforts mayl be relevant in appropriate cases. A.(1) Conducing market research toi identify small business contractors and: suppliers and: soliciting through all reasonable anda available means the interest of all certified DBEs that havet the capabilityt to DBE participation, eveni if they were notf fully successful. bona fide good faith efforts. 21Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 perform the work oft the contract. This mayi include attendance at pre-bid and business matchmaking meetings and events, advertising and/or written notices, posting of Notices of Sources Sought and/or Requests for Proposals, written notices or emails to all DBEs listed in1 the State's directoryo of transportation firms thats specializei int the areas of work desired (as noted ini the DBE directory) and (2) Thel bidder should solicit this interest as early int the acquisition process as practicable to allow the DBES to respond tot the solicitation ands submit ai timely offer for the: subcontract. The bidder should determine with certaintyi ift the DBES arei interested by taking appropriate steps tot follow up initial B. Selecting portions oft the work to be performed by DBEs in order toi increase thel likelihood" that the DBE goals willl be achieved. Thisi includes, where appropriate, breaking out contract worki items into economically feasible units (for example, smaller tasks or quantities) tot facilitate DBE participation, even whent the prime contractor might otherwise prefer to perform these worki items with its own forces. This may include, where possible, establishing flexible timeframes for performance and delivery schedules in C.Providing interested DBES with adequate information about the plans, specifications, and requirements of the contract in at timely manner to assist them in responding to as solicitation witht their D. (1) Negotiatingi in good faith with interested DBES. Iti is the! bidder's responsibility to make a portion of the work available to DBE subcontractors: and suppliers and to select those portions oft the work or material needs consistent witht the available DBE subcontractors: ands suppliers, so ast toi facilitate DBE participation. Evidence of such negotiation includes ther names, addresses, andt telephone numbers of DBEs that were considered; a description of thei information provided regarding the plans and specifications for the work selectedi fors subcontracting; and evidence as to whya additional Agreements (2)A AL bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, andy wouldt take af firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not ini itself sufficient reasoni for al bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire ofap prime contractor top perform the work of a contract withi its own organization does not relieve thel bidder oft the responsibility tor make good faithe efforts. Prime contractors are not, however, required to accept higher quotes from DBEsif E.(1) Not rejecting DBES as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing withini its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union Vs. non-union status) are not legitimate causes for ther rejection or non-solicitation of bidsi int the contractor's efforts to meet the project goal. Another practice considered ani insufficient good faith efforti is ther rejection of the DBE because its quotation for1 the work was not the lowest received. However, nothing ini this which are located int the area or surrounding areas of the project, solicitations. a manner thate encourages: and facilitates DBE participation. offer for thes subcontract. could not be reached for DBES to perform they work. the price difference is excessive or unreasonable. 22/Page FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes (2)A A prime contractor's inability tot find a replacement DBE at the original price is not alone sufficient to support at finding that goodi faithe efforts have been made tor replace the original DBE. The fact that the contractor has the abilitya and/or desire to perform the contract work withi its own forces does not relieve the contractor oft the obligation to make goodi faith efforts to find a replacement DBE, and iti is not as sound basis for rejecting a prospective replaçement DBE's reasonable quote. F.N Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as G. Making efforts to assist interested DBES in obtaining necessary equipment, supplies, materials, H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, State, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance int the V.In determining whether: ab bidder has made goodf faith efforts, iti is essential tos scrutinize its documented efforts.. Ata a minimum, your must review thep performance of other bidders in meeting the contract goal. For example, wheni the apparent successful bidder fails tor meet the contract goal, but others meeti it, you may reasonably raise the question of whether, with additional efforts, the apparent successfull bidder could have met the goal. Ift the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, you may viewt this, in conjunction with other factors, ase evidence oft thea apparent. successful bidder having made good faith efforts. As provided in 526.53(b) (2)((vi), you must also require the contractor tos submit copies ofe each DBE and non-DBE subcontractor quote submitted tot the bidder whena a non-DBE: subcontractor was selected over a DBE forv work on the contract to review whether DBE prices weres substantially higher; and contact thel DBES listed on a contractor's solicitation to inquire as to whether they were contacted byt the prime. Proi forma mailings to DBES requesting bids are not alone sufficient to satisfy good faith VI. A promise to use DBES after contract awardi is not considered to be responsive tot the contract inorder tos satisfy contract goals. required byt ther recipient or contractor. or related assistance or services. recruitment and placement of DBES. efforts under the rule. solicitation or to constitute, goodi faith efforts, [79 FR! 59600, Oct. 2, 2014] 23Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 ATTACHMENT D-F FORMS 1 AND2FOR DEMONSTRATION OF GOoD FAITH EFFORTS FORM1:DSADVANTAGE BUSINESS ENTERPRISE (DBE) UTILIZATION DISADVANTAGE BUSINESS ENTERPRISE (DBE) UTILIZATION BID SOLICITATION! DBE FORM1 The undersigned! bidder/offeror has satisfied the requirements of thel bids specification int the following manner (please check and complete the appropriate box/space): Thel bidder/offeror is committed to a minimum of %0 DBE utilization on this Thel bidder/offeror (if unable tor meet the DBE goal of %)i is committed to a minimum of % DBE utilization on1 this contract. Attach documentation contract. demonstrating good faithe efforts. Name of bidder/offeror firm: State Registration No.: By: Title: Signature Date 24/Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FORM 2: DISADVANTAGE BUSINESS ENTERPRISE (DBE) UTILIZATION-1 LETTER OFINTENT REVISED NOVEMBER 8, 2024 Disadvantage Business Enterprise (DBE) Letter of Intent Bid Solicitation DBE Form2 Complete one formi fore each DBE subcontractor. Name of bidder/offeror firm: Address: City: Telephone: NAICS Code: NAICS Code: NAICS Code: State: Zip Code: Description of work to be performed by DBE firm including North American Industry Classification System (NAICS) Codet fort the work to be performed. Description of Work: Description of Work: Description of Work: Thel bidder/offeror is committed to utilizing the above-named DBE firm for the work described The above-named DBE firm affirms that iti is certified int the! NAICS code(s) listed above and will perform the portion oft the contract fori the estimated dollar value as stated above. above. The estimated dollar value of the worki is$ Affirmation By: Title: Signature Date Ifthe bidder/offeror does not receive award oft they prime contract, any and all representations in this Letter ofl Intent and Affirmation shall be null and void. 25Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 ATTACHMENT E-DISADVANTAGE BUSINESS ENTERPRISE PROGRAM, APPROVAL Fayette County Board of Commissioners: Chairman Vice-Chair Secretary Date Date Date Date Attest: County Chief Cierk 26]Page FACI Fayebte Area COORDNATED TRANSPORTATON FAYETTE AREA COORDINATED TRANSPORTATION DRUG & ALCOHOL POLICY MdPDtke SIGNAT'RE OF) EXECUTIVEI DIRECTOR Revised November 12, 2024 Scheduled tol be approved byt the Fayette County Board of Commissioners on November 21, 2024 FACI Fayette COORRATED RAASPOHIAIN Area DRUG AND ALCOHOL POLICY CONTENTS 1.0Policy. 2.0 Purpose. 3.0 Covered Employees 4.01 Prohibited Substances. 5.01 Prohibited Conduct 6.0 Testing Procedures. 7.01 Employment Assessment. 8.0 Re-Entry Contracts.. 9.01 Employee and Supervisor Training 11.0 System Information. Reasonable Suspicion' Training Certificate. Requirements. 4 4 8 13 14 14 14 15 16 17 18 19 20 10.0 New Hires and' Transferees into Satety-Sensitive Positions. Post-Accident Drug and Alcohol Decision Making, Scenarios, and Regulatory Pre-Employment Notification and Acknowledgement Form. Previous Employer Release ofl Information Form. Approyal/Adoption ofFACT's Drug and. Alcohol Policy. 2 FACI Faygtte RANSOFTARN Area DRUG AND ALCOHOL POLICY 1.0 POLICY Fayette Area Coordinated Transportation (hereinafter referred to as' "FACT") is dedicated to providing safe, dependable, and economical transportation services to our transit system passengers. This company viai its Board of Commissioners has adopted this policy as the official policy of Fayette Area Coordinated Transportation. FACT employees are ar most valuable resource: and iti is our goal to provide al healthy, satisfying work environment which promotes personal opportunities for growth. In meeting these goals, iti is our policyt to: (1) assure that employees are not impairedi int their ability to perform assigned duties in (2) create a workplace environment free from the adverse effects of drug abuse and (3) prohibit the unlawful manufacture, distribution, dispensing, possession or use of (4) toe encourage employees tos seek protessional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to asafe, productive, andl healthy manner; alcohol misuse; controlled: substances; and perform their assigned duties. Ify youl have questions about this policy and/or FACT's anti-drug and alcohol misuse program, please contact: Rudy Dutko, Executive Director, phone: (724)6 628-7433, extension 403. 2.0PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect our employees, passengers, and the public fromt ther risk posed byt the misuse of alcohol and use of prohibited drugs bye employees that perform safety-sensitive functions. This policy is alsoi intended to comply with all applicable Federal regulations governing workplace anti-drug anda alcohol programs int thet transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655,as amended, that mandate urine drug testing and! breath alcohol testing for safety-sensitive positions and prohibits performance ofsafety-sensitive functions when therei is a positive test result. The U.S S. Department of Transportation (DOT) has also published 49 CFR Part 40, as amended, that set standards fort the collection and testing of urine and breath specimens. In addition, the Federal government published 49CFR Part 29, "Thel Drug-Free Workplace Act of1988," which requires the establishment of drug-free workplace policies and ther reporting of certain drug-related offenses tot the FTA. This policy incorporates those requirements for safety-sensitive employees and others when so noted. A copy of these procedures may be obtained from the FACT's Executive httrs/transitsafet.fa.detrov/DrurAncA-coh/Renulations/Resulations/defaultaspx All Fayette Areas Coordinated Transportation: employees are: sublect to the provisions of the Director. Part 40i isa also available on-line at: Drug-Free Workplace, Act of1 1988. 3 FACI Fayette OCADATED TRAASPORIAROV Area 3.0 COVERED EMPLOYEES Part 655, section 655.4. DRUG AND ALCOHOL POLICY This policy applies to every person, employee (full or part-time) including an applicant or transferee, contractors who performs or will perform a' 'safety-sensitive function" as defined in You are a covered a covered employee ify you perform any ofi thet following: (1) Operating a revenue service vehicle, including when not in revenue service; (2) Operating a nonrevenue. service vehicle, when required to be operated by al holder (3) Controlling dispatch or movement ofar revenue service vehicle; (4) Maintaining (including repairs, overhaul andi rebuilding) a revenue: service vehicle or ofa Commercial Driver's License; equipment used ini revenue service; (5) Carrying a firearm for security purposes. Asafety-sensitive function is any duty related tot thes safe operation of mass transit service including the operation ofa ai revenue service vehicle (whether or not the vehicle isi inr revenue service), dispatch, maintenance ofar revenue service vehicle or equipment usedi inr revenue service, security personnel who carryf firearms, and any other employee who operatesa nonrevenue service vehicle, when required tol be operated by al holder of a Commercial Driver's License. FACT safety-sensitive positions include: Dispatcher Transit Operator Operations Manager Maintenance: Supervisor Maintenance Technicians (A, B,Cand D) 4.0 PROHIBITED SUBSTANCES 4.1 llegally Used Controlled Substances or Drugs The use ofi illegal drugs is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty anyt time there is a quantifiable presence ofap prohibited drugi int the! body: at or above the minimum thresholds as defined in Part 40. Prohibited drugs include: marijuana, amphetamines (amphetamine, methamphetamine, MDMA, MDEA, and MDA), opioids (morphine, codeine, and 6-acetylmorphine), phencyclidine (PCP) and cocaine. Illegal use includes use of anyi illegal drug, misuse ofl legally prescribed drugs, and use ofi illegally obtained prescription drugs. 4.2 Legal Drugs The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of anys substance, which carries a warning label thati indicates that mental functioning, motor skills orj judgment mayt be adversely affected, must be reported to a transit system supervisor. ina addition, thee employee must obtain a written release from the 4 FACT Fayette Area ORZAED RAASAORTAROV DRUG AND ALCOHOL POLICY attending physician releasing the person to perform theirj job duties any time they obtaina a Alegally prescribed drug means that thei individual has a prescription or other written approval froma physician for the use ofa drugi int the course of medical treatment. It musti include the patient's name, the name of thes substance, quantity/amount tol be taken, and the period of authorization. The misuse ora abuse of legal drugs while performing transit business is performance-altering prescription. prohibited. 4.3 Alcohol The use of beverages containing alcohol ors substances including any medication mouthwash, food, candy or any other substance such that alcoholi isp present in the body while performing transit business is prohibited. The concentration of alcohol is expressed ini terms ofg grams of alcohol per 210 liters of breath as measured bya an evidential breath-testing device. 5.0 PROHIBITED CONDUCT 5.1 Manufacture, Trafficking, Possession and Use Transit system employees are prohibited from engaging int the unlawful manufacture, distribution, dispensing, possession or use ofA prohibited substances on transit authority premises, int transit vehicles, in uniform or while on transit authority business. Employees who violate this provision will be discharged. Law enforcement shall be notified, as appropriate, where criminal activity is suspected. 5.21 Intoxication/Under the Influence Any safety-sensitive employee whoi is reasonably suspected of being intoxicated, impaired, under the influence ofa prohibited substance, or not fit for duty shall be immediately suspended fromj job duties with pay pending ani investigation and verification of condition. The determination that reasonable suspicion exists shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors oft the covered employee. As supervisor(s), or other company official(s) whoi ist trainedi in detecting the signs and: symptoms of drug use anda alcohol misuse must make the required observations. Employees found to be under the influence ofa aj prohibited substance or whot fail to pass a drug ora alcohol test shall be immediately removed from dutya ands subject to termination. A drug or alcohol test is considered positive ifthei individual is found to have a quantifiable presence ofa prohibited substance above the minimum thresholds defined in 49 CFR Part 40, as amended. 5.3 Alcohol Use All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.04 or greater. 5 FACI Fayette PAMSADHIATON Area DRUG AND ALCOHOL POLICY All covered employees are prohibitedi from consuming alcohol while performing safety-sensitive jobi functions or while on-call to perform safety-sensitive, jobf functions. If an on-calle employee has consumed alcohol, he/she must acknowledge the use of alcohol ati thet timet that they are called to report for duty. If the on-call employee claims the ability to perform his or her safety- sensitive function, he or she must take an alcohol tést witha a result of less than 0.02 prior to Allo covered employees are prohibitedi from consuming alcohol within four (4) hours prior tot the All covered employees are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until he ors she: submits tot the post-accident drug anda alçohol test, performance. performance ofs safety-sensitive) jobf functions. whichever comes first. Violation ofthese provisions is prohibited and punishable by termination. 5.4 Compliance with Testing Requirements Alls safety sensitive willl be subject to urine drug testing and! breath alcohol testing as a condition ofe employment. Any safety-sensitive employee who refuses to comply with a request for testing shall bei immediately removed from duty, referred to a Substance Abuse Professional (SAP), and their employment terminated. Any safety-sensitive employee shall not use alcohol while on duty, in uniform, while performing safety-sensitive functions, or just before, during or immediately: after performinga as safety-sensitive function. Violation oft these provisions is prohibited and punishable byt termination. Any safety-sensitive employee whoi is suspected by the collector during thes specimen collection process of falsifying test results through tampering, contamination, adulteration, ors substitution will be required to undergo ani immediate observed second collection. Verification of these actions willr resulti int the employee's immediate removal from duty andt their employment terminated. Refusal cani include ani inability to provide sufficient urine specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting int the inability to conduct the test, failure to permit the observation or monitoring of provision of sample when required, orf failure tot take as second test when directed. Any person who has been given a conditional, job offer subject to preemployment drug testing andl leaves the testing site once testing has commenced: shall be deemed to have refused thet test. Failure to undergo a medical examination ore evaluation directed byt the Medical Review Officer (MRO) shall constitute a refusal ofa aj pre- employment test onlyi ift the pre-employment testi is conducted. after a contingent offer of employment. Additionally, thet following shall constitute a test refusal. 49 CFR, Part 40, Section 40.191 (a) (5): states: "As an employee, you have refused toi take a drug Failure to appear for any test (except a pre-employment test) within ar reasonable time, Failure to remain at thet testing site until the testing process is complete Failurei to provide as specimen for any drug test required Failure to provide an adequate amount of saliva or breathi for any alcohol test test ify you: asd determined by FACT. 6 FACI Fayetbe COAINAD RAMSHDRIADOV Area DRUG AND ALCOHOL POLICY Failure to undergo ar medical examination or evaluation as directed byt thel MRO or DER as part of the verification process, or as directed byt the Designated Employer Failure top permit a directly observed or monitored collection when required Possessing or wearing a prosthetic or other device that could be used toi interfere with Failure or declining to take a second test as directed by the employer or collector MRO reports that youl have a verified adulterated or substituted test result Failure to sign the certification at Step 2 of the Alcohol Testing Form (ATF) Failurei to provide as sufficient amount of specimen when directed, andi it has been determined, through a required medical evaluation, that there was no adequate Failure to cooperate with: any part of thet testing process (e.g., refuse to empty pockets whens so directed byt the collector, behave inac confrontational way that disrupts the collection process, failure to wash hands after being directed by collector, fail to remove objects from mouth, fail to permit inspection of the oral cavity, ort fail to complete rinse Failure to follow the observers' instructions to raise your clothing above the waist, lower clothing and underpants, and tot turn around to permit the observer to determine ify you have any type of prosthetic or other device that could be used toi interfere with the Admitting the: adulteration or substitution ofas specimen to the collector or MRO. Drug tests can be performed anyt time as safety sensitive employee is on duty. An alcohol test can be performed when the safetys sensitive employee is actually performing: as safetys sensitive duty, just before, ori immediately: after the performance ofas safety sensitive duty. 5.5 Consequences of Refused or Failed Drug Test Representative (DER) the collection process medical explanation for thei failure. when requested); collection process. Failure to remain readily available following an accident. After FACTI immediately receives notices from ar medical review office (MRO) ora consortium/third party administrator (C/TPA) that a covered employee has a verified positive drugt test result, FACT willr require that the covered employee to cease performingas safety- Ifa covered employee has a verified positive drug test result, or has a confirmed alcohol test of 0.04 or greater, or refuses tos submit toa drug or alcohol test required byt this part, FACT will advise the employee oft the resources available for evaluating and resolving problems associated with prohibited drug and alcohol misuse, including the names, addresses, and telephone numbers of substance abuse professionals (SAPs) and counseling and treatment programs. 5.6 Consequences of an Alcohol Test greater than 0.02 but less than 0.04 FACT shall not permit a covered employee tested who is found to have an alcohol concentration of0.02 or greater but less than 0.04 to perform or continue to perform safety-sensitive functions, until (1) The employee's alcohol concentration measures lesst than 0.02; or (2)1 The start of the employee's next regularly scheduled duty period, butr not less than eight hours sensitive function. following administration of the test. DOT: SAP referral is prohibited. 7 FACT Fayette RAMGPDHIANNVY Area 5.7Treatment Requirements DRUG AND ALCOHOL POLICY Alle employees are encouraged voluntarily to make use of the available resources for treatment fora alcohol misuse andi illegal drug use problems. Employees are encouraged to voluntarily: seek professional substance abuse assistance before any: substance abuse or dependence affects job Under certain circumstances, employees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses or fails to comply with FACTsrequirements fort treatment, after care, or return to dutys shall be: subject to termination. The cost of any treatment or rehabilitation: services will be paid for directly byt the employee ort theiri insurance provider. Employees willl be allowedi toi take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. The provisions of this paragraph applyto employees whoy voluntarily seek treatment prior to notification fora drug or alcohol test. Any performance. employee with aj positive test result will be subject tot termination. 5.8 Notifying the FACT of Criminal Drug Conviction All employees are required to notify FACTI in writing of his or her conviction forc a violation ofo any criminal drug statute conviction or arrest for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action, upi to andi including termination. 5.9 Proper Application of the Policy FACT is dedicated to assuring faira ande equitable application of this substance abuse policy. Therefore, supervsors/managers are required to use and apply alla aspects oft this policyi in an unbiased. andi impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who ist found to deliberately misuse the policyi in regard to subordinates, shall be subject to disciplinary action, upt to andi including termination. 6.OTESTING PROCEDURES All safety-sensitive employees are: subject to drug anda alcohol testing as a condition of employment in: accordance with 49 CFR Part 655. All testing is conducted in accordance with 49 All: safety sensitive employees who voluntarily submit to a rehabilitation program prior tot testing positive on a drug or alcohol test willl be tested prior to returning to duty following completion oft the Substançe. Abuse Professional's recommendedi treatment program. Follow-upt testing will also be conductedi following return to duty for ap period of one tot five years with at leasts six tests Those employees who perform safety-sensitive functions as defined int this policy shall also be CFR Part 40. performed during thei first year. subject tot testing on a random, unannounced basis. 8 FACI Fayetbe RAMGADHTATON Area DRUG AND ALCOHOL POucY Testing shall be conducted in ar manner to assure al high degree ofa accuracy and reliability and using techniques, equipment and laboratory facilities, which have been approved by the U.S. Department of Health and Human Service (DHHS). Allt testing willl be conducted consistent with The drugs that willl bet tested fori include marijuana metabolites, cocaine metabolites, amphetamines, opiates, and phencyclidine. Ani initial drug screen willl be conducted on each urine specimen. For those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test willl be performed! by an HHS-certified laboratory. Thet test willl be considered positive ift the amounts present are abovet the minimum thresholds establishedi in 49 CFRE Part 40, as amended. Ini instances where therei isa a reason to believe an employee is abusing as substance other thant the five drugsl listed above, FACT reserves the right tot test for additional drugs under FACT's own authority using standard laboratory testing protocols. This additional testing will not be conducted on: any specimen Tests for breath alcohol concentration will be conducted utilizing al National Highway Traffic Safety Administration INHTSA)-approved testing device operated bya at trained technician. If the initial testi indicates an: alcohol concentration of 0.02 or greater, a second test willl be performed byt the Breath Alcohol Technician (BAT). The confirmatory test will be performed using an NHTSA-approved evidential breath testing device (EBT) operated bya at trained BAT. As safety- sensitive employee who has confirmed: alcohol concentration of 0.02 or greater but lesst than 0.04 willl be immediately removedi from his/her position for eight hours unless a retest results in aconcentration measure ofl less than 0.02. Thei inability to perform safety-sensitive duties due to an alcohol test result of 0.02 or greater but less than 0,04 willb be considered an unexcused miss out subject to FACT's disciplinary procedures. An alcohol concentration of 0.04 or greater willl be considered: a positive alcoholt testi iny violation oft this policya anda a violation of the requirements set forthi in 49 CFR Part 6551 for safety-sensitive employees. Any: safety-sensitive employee that has a verified positive drug or confirmed alcohol test result with ac concentration of 0.04 or greater, or who refuses to submit to at test, willl be removed immediately from his or her safety-sensitive function and be informed ofe educational and rehabilitation programs available and referred to a Substance Abuse Professional (SAP) for assessment. Ap positive drug and/or alcohol test will also result in1 termination. The cost of any treatment or rehabilitation services willl be paid directly byt thee employee. FACT affirms ther need top protect individual dignity, privacy and confidentiality throughout the testing process. Employees willl be required to submit to observed collection in accordance with 49 CFRI Part 40 Section 40.67. FACT will notify the employee the reason for observed testing. the procedures put forthi in 49 CFR Part 40, as amended. collected using DOT/FTA1 testing authority. 6.1 Employee Requested Testing Any safety-sensitive employee who questions the results of a verified positive required drug test orr refusal toi test because of adulteration or substitution under paragraphs 6.2-6.8 oft this policy may request that the: split sample bei tested. This test must be conducted on as split sample that was provided by the employee at the same time as the original sample. FACT will seek reimbursement from the employee for all costs of suchi testing unless the result of the split sample test invalidates ther result of the originaltest.1 The method of collecting, storing and 9 FACI Faygtte TRASPORIARON Area DRUG AND ALCOHOL POLICY testingt the splits sample will be consistent witht the procedures set forthi in 49 CFR Part 40, as amended. The employee's request for as split sample test must be made to the Medical Review Officer within 72 hours of notice oft the original sample verified test result. Requests after 72 hours will only be accepted ift the delay was due to documentable facts that were beyond the control of the employee. 6.2 Pre-Employment Testing Alls safety-sensitive position applicants shall undergo urine drug testingi immediately following the offer of employment ort transfer into a safety-sensitive position. If any employee returns toa safety-sensitive position after having been removed from FACT'srandom: selection pool for 90 consecutive calendar days or more regardless ofr reason, he/she must be pre-employment DOT drug tested.. AV verified negative result must be obtained by FACT prior to performing safety- Ifay pre-employment drug testi is canceled, FACT requires the covered employee or applicant to take another pre-employment drug test administered under this part with a verified negative Failure ofap pre-employment drug test will disqualify an applicant for employment for a period of 6r months. Evidence of the absence of drug dependency from a Substance Abuse Professional that meets with the approval ofi FACT anda ar negative pre-employment drug test willl be required prior tof further consideration for employment. The cost fori the assessment and any subsequent Acovered employee or applicant who has previously failed or refused ap pre-employment drug and/or alcohol test must provide proof of having successfully completedareferral, evaluation sensitive work. result. treatment willl be the sole responsibility of thei individual. and treatment plan meeting DOTI requirements. 6.3 Reasonable Suspicion Testing All safety-sensitive employees may! be: subject to af fitness for duty evaluation. and urine and/or breath testing when there are reasons to believe that drug or alcohol usei is adversely affecting job performance. Ar reasonable suspicion referral fori testing will be made on the bases of documented objective facts and circumstances, which are consistent with thes short-term effects Examples of reasonable suspicion include, but are notl limitedi to, the following: 1. Physical signs and: symptoms consistent with prohibited substance use or alcohol misuse whichi includes specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of an employee. 2. Evidence of the manufacture, distribution, dispensing, possession or use of controlled substances, drugs, alcohol or other prohibited substance. 3. Fights (to mean, physical contact), assaults andi flagrant disregard or violations of established safety, security or other operation procedures. Reasonable suspicion referrals must be made by one or more: supervisors who are trained to detect the signs and symptoms of drug and alcohol misuse and conclude that an employee may ofs substance abuse or alcohol misuse. 10 FACI Fayette CRONATED PAAGPORIAION Area DRUG AND ALCOHOL POLICY be adversely affected or impaired in his/her work performance due to possible prohibited Covered employees may be subject to reasonable suspicion drug testing anytime while on duty. Covered employees may be subject to reasonable alcoholtestingi ift the observations are made during, just preceding, or just after the period of the workday when the coverede employeei is substance abuse ora alcohol misuse. performing: safety-sensitive functions. 6.41 Post-Accident Testing All safety-sensitive employees willl be required to undergo urine and breath testing ift they are involved ina an accident with al FACT vehicle (regardless of whether or not the vehicle isi in revenue: service) that results in: at fatality. This includes any surviving safety-sensitive employee that was operating the vehicle and any other employee whose performance could have Ina a non-fatal accident, drug and alcohol tests willl be conducted. as soon as practical on each covered employee operating the public transportation vehicle at the time of the accident ifat contributed tot the accident. least one of the following conditions isi met: Ani individual suffers bodilyi injurya andi immediately receives medical treatment away from thes scene oft thea accident, and the employee's performance cannot be completely discounted. as a contributing factor tot the accident; Avehicle (including a non-transit vehicle) incurs disabling damage as the result of the occurrence, in which the public transportation vehicle involved is al bus, electric bus, van, or automobile, and is transported away from the scene by ai tow truck or other vehicle, and the employee's performance cannot be completely discounted: as a contributing factor tot the accident; Following an accident, the safety-sensitive employees willl bei tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Any safety sensitive employee involved in an accident must refrain from alcohol uset for eight hours following the accident or until he/she undergoes a post-accident alcohol test. Anys safety-sensitive employee who leaves the scene of the accident without justifiable explanation prior tos submission to drug anda alcohol testing will be considered" to have refused the test andt theire employment terminated. Testing is stayed while employee assistsi in resolution of accident or receives medical caret followingt the accident. Employees tested under this provision willi include not only the operations personnel, but also any other covered employee whose performance could have contributed tot the accident. 6.5 Random Testing Employees in safety-sensitive positions willl be subject to random, unannounced drug and alcohol testing. The dates for administering random tests are: spread reasonably throughout the year. The selection of safety-sensitive employees for random drug and alcohol testing willl be made usinga as scientifically valid method that ensures that each covered employee willl have equal chance of being selected on each draw. The random test willl be unannounced and conducted on all days and at allt times of the day when safety-sensitive functions are performed. Once ane employee is notified of selection ofar random drug or random alcohol test, he/she 11 FACID Fayette RASHORARON Area managemenvsupervson. DRUG AND ALCOHOL POLICY should proceed tot thet testing site immediately. There isr no discretion ont the part of Testing rates will meet or exceed1 the minimum annual percentage rates set each year byt the FTA Alcoholl Testing: The employee shall only be tested while she/he is performing safety-sensitive functions, immediately prior to performing, during performance or immediately: after Drug Testing: Drug testing may be performed at any time while the employee is at work for the administrator. Current rates are available of FTA's website: htrs/wwwiransportatonsovodarcrandomiesthg-rates performing safety-sensitive functions. employer. 6.6 Return-to-Duty Testing All safety-sensitive employees who previously voluntarily entered into a Rehabilitation Program ass seti forthi in Paragraph! 5.5r must test negative on a drug or alcohol test (below 0.02 for alcohol) on a return-to-dutyt test and be evaluated and released to duty byt the Substance Abuse Professional before returning to work.. Allt testing is donei in accordance with Part 40, Subpart 0. Return1 to duty testing after a DOT1 testing violation requires collectors to observe all return-to- duty specimen collections. 6.7 Follow-Up Testing Safety-sensitive employees who previously voluntarily entered into a prescribed rehabilitation program will be required to undergo frequent, unannounced urine and/or breath testing following their return to duty. Thei follow-up testing will be performedi for ap period of one to five years with a minimum of six tests to be performed thet firsty year.. Allt testingi is done in Follow-up testing aftera al DOT testing violation requires testing thati is conducted in accordance with the: substance abuset follow-up testing plan. Collectors are to observe alli follow-up Follow-up testing alcohol testing is only permissible just before, during orj just after the actual accordance with Part 40, Subpart 0. specimen collections. performance of safety-sensitive functions. 6.8 Dilute Negative Policy Ift there is a negative dilute test result, FACT will accept thet test result and there willl be no retest, unless the creatinine concentration of a negative dilute specimen was greater than or equal to: 2 mg/dL, but less than ore equal to! 5mg/dL. Dilute negative results with ac creatinine level greater than or equalt to 2mg/dL but less than! 5mg/dL require ani immediate recollection under direct observation. 12 FACI Fayette RAASPORIATON Area 6.91 Information Disclosure DRUG AND ALCOHOL POLICY 1) FACT: shallr release information regarding a covered employee's record as directed by specific, written consent from the employee authorizing release oft thei information to: an 2) Ac covered employee is entitled, upon written request, to obtain copies of any records pertaining tol his/her use ofp prohibited substances, including any records pertaining to 3) FACT may disclose information thati is required tol be maintained byt the decision maker inal lawsuit, grievance or other proceeding initiated by or on behalf of the employee 4) When requested by thel National Transportation: Safety Board as part of an accident investigation, FACT shall disclose information related to its administration of drug and 5) Records shall be made available to subsequent employers upon receipt of written 6) FACTs shall disclose data fori its drug and alcohol testing program and any other information pertaining to its anti-drug program, when requested byt the! Secretary of Transportation or any DOT agency with regulatory authority over the FACT System. 7) Tol be considered for employment, all safety-sensitive applicants willl be asked1 to give consent to FACT for al background check of the applicant's previous DOT covered employer overt the past two years. Thei information requested willi include: a. Alcohol test results of 0.04 or higher alcohol concentration. identified person. test results. tested. alcohol tests followingt the accident investigation. request from the covered employee. b. Verified positive drugt tests. results). Refusals to be tested (including verified adulterated or substituted drug test d. Other violations of DOT agency drug and alcohol testing regulations. With respect to anye employee whoy violated a DOT drug and alcohol regulation, documentation: oft thee employee's successful completion of DOT return-to-duty See attachments (pages 19 and 20) for forms usedi for safety sensitive positions. Pre- Employment Notification and Acknowledgement Form and Previous Employer Release requirements (including follow-upt tests). of! Information Form. 7.0 EMPLOYMENT ASSESSMENT Any safety-sensitive employee who tests positive for the presence ofi illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40, as amended, willl be referred for evaluation by a Substance Abuse Professional (SAP). An! SAP is al licensed or certified physician, psychologist, social worker, employee assistance professional or addiction counselor with knowledge of and clinical experience int the diagnosis and treatment of alcohol-related disorders. The SAP wille evaluate eache employee to determine what assistance the employee needsi inr resolving problems associated with prohibited drug use or alcohol misuse.. Any cost of All employees who test positive for1 the presence of illegal drugs ora alcohol above the minimum treatment willl be paid solely! byt the employee. thresholds set forth above willl be terminated. 13 FAGI Fayeete RANGPDHTARON Area DRUG AND ALCOHOL POLICY Employees who voluntarily: submit to rehabilitation program prior to testing positive on a drug or alcohol test willl be allowed tot take accumulated sickl leave andy vacation leave to participate int the prescribed rehabilitation program. Voluntary requests for treatment must be made prior to any pending drug/alçohol test or disciplinary: action. The cost of anyt treatment or rehabilitation services willl be paid directly by the employee ort their insurance provider. 8.0RE-ENTRY CONTRACTS Employees who re-enter the workforce after voluntarily submitting to a rehabilitation program prior tot testing positive ona a drug or alcohol test must agree to are-entry contract. That (1) Arelease to work statement from the Substance Abuse Professional. (2) A negative test for drugs and/or alcohol. (3) An agreement to unannounced frequent follow-up testing for: a; period of one tot five years with atl least six tests performedi thet firsty year. (4) Astatement of work-related behaviors. (5) An agreement tof follow specified after care requirements with the understanding that violation oft ther re-entry contract is grounds for termination. contract mayi include (but is not limited to); 9.0 EMPLOYEE AND SUPERVISOR TRAINING All safety sensitive employees will undergo a minimum of 60 minutes oft training ont the: signs and symptoms of drug use including the effects and consequences of drug use in personal health, safety, and the work environment. The training must also include manifestations: and Supervisors willa also receive 60 minutes of reasonable suspicion training ont the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training ont the physical, behavioral, speech, and performance indicators of FACT's Operations Manager (Kelly Bradigan) has received reasonable suspicion decision making training as well as post-accident drug and alcohol decision making, scenarios and regulatory requirement training. See certificates on! pages 16 and 17 oft this document. The reasonable suspicion training included physical signs ands symptoms and contemporaneous observations. 10.0 NEW HIRES AND TRANSFEREES INTO SAFETV-SENSITIVE POSITIONS All new hires ande employees transferring to: safety-sensitive positions are required to sign the "Pre-Employment Notification and Acknowledgement Form". See page 191 for a copy oft the All new hires and employeestransfering to safety-sensitive positions who have workedi ina behavioral cues that mayi indicate prohibited drug use. probable alcohol misuse. form. 14 FAGI Fayebte CODRIVTE) RAAGHORIAIN Area DRUG. AND ALCOHOL POLICY safety-sensitive position fora al DOT-Regulated company int the past two years are required to sign a releasei titled "Previous Employer Release ofl Information Form" and provide the signed form(s) to previous employers to obtain the requested information. (See page 201 for a copy of IfFACT does not receive responses from the employers listed ont thei form, the Operations Manager willi follow-up with the previous employer(s). The good-faith efforts willl be documented andy placed into the respective employee file. This procedure must be completed in 30-days. Ift the procedure is not completedin3 30-days, the employee willr not be permitted to perform safety-sensitive functions. this form.) 11.0 SYSTEM INFORMATION Any questions regarding this policy or any other aspect of the drug free and alcohol-free transit program: should contact thet following transit system representative: Program Manager: Name: Rudy Dutko Title: Executive Director Address: 825 Airport Road, Lemont Furnace PA 15456 Phone: (724)628-7485, extension 403 Fax: (724)628-7468 Fayette Area Coordinated Transportation Safety-Sensitive Functions Dispatcher Transit Operator Operations Manager Maintenance Supervisor Maintenance TechnidanAB,CandD 15 FACI Fayette CORINUEDT TRAWS-ORIAION Area DRUG AND ALCOHOL POLcy REASONABLE SUSPICION TRAINING CERTIFICATE POPeNnTRAIN CERTIFICATE THIS CERTIFIES THAT elly Bradigan has successfully completed the course Reasonable Suspicion Decision Making pAg PENNTRAIN CHAIR PROGRAM DIRECTOR OCTOBER 26, 2023 DATE 16 FACI Fayetbe CORDED IRSPORIARHT Area DRUG AND ALCOHOL POLICy POST-ACCIDENT DRUG AND ALCOHOL DECISION MAKING, SCENARIOS, AND REGULATORY REQUIREMENTS oPennTRAIN CERTIFICATE THIS CERTIFIES THAT Ydly Bradigan has successfully completed the course Post-Accident Drug and Alcohol Decision Making, Scenarios, and Regulatory Requirements pA3 PENNTRAIN CHAIR gk PROGRAM DIRECTOR OCTOBER: 26, 2023 DATE 17 FACI Area Faygbte PAASPOHTAROT DRUG AND ALCOHOL POLIcY PRE-EMPLOYMENT NOTIFICATION AND ACKNOWLEDGEMENT FORM FACI Fayebte Area Pre-Employment Notification: andA AcknowledgementFor Pre-Employment) Notification & Acknowledgement lunderstand ands acknowledget thatl willl ber requiredto undergo urine drugt testu undert the anthority ofthe U.S. Depariment of" Transportation (DOT), Federal' Transit Administration (IFTA) priort to being! hired or transferredi intoas safery- sensitive positiona as definedi inc CFRI Part 655'. lunderstand: anda acknowledyet thatl Iwillr notb be ussignedt to perfoma sutety-sensitive function mlcss myu urine drug test! basa as verifiedn ncgativc result. (Print Name) (Signature) (Date) Have your testedp positive, or refusedt tot test, ona any DOT pre-employment druy or alcoholt test Administered1 bya and cmployert to which yous applied for, but didr noto oblain, asafety-sensitive positioni int thep pastt twoy years? Please circley yourr response below; Tfyoua answered YES. cau) youp provide documentationt thaty yous successfullys completed thel DOT rolirn-to-duty requircments describedi in 49CFR Part 40, Subpart 071 Pleasc circle yourr response VES NO helow: YES NO (Print? Name) (Signalure) (Date) Asft-snsitivet functiun.: firan purpoxs PanfssSi65A: incluths. bya CDLE bukhr senice suvix dick. ()upertinga lipulclat mucmmia TVTIN aicke: 18 FACI Fayebte Area DRNAIEDT TRAAS-ORTAIN DRUG AND ALCOHOL POLICY PREVIOUS EMPLOYER RELEASE OF INFORMATION FORM FAGI FaygtteAres previous emplayer. Employce Name:, Regulation 49CFRT Part4 40. section 40.25. Employee! Signature 1-A: New Employer) Nane:. Designated Employer Represcniative:. Addruss: Phone#: I-B:. Previous Employer Naue: Designted Employer Rcpreseniativc:. Address:, Phonc#: II-A: PreviousE Employer Released ofinformationf Form Relesse ofI Information! Form 49 CFRI Part 401 Drug and/ Alcobol Testing Section 1: Tobec completedh byt then newe emploper ands signedh by thee employee, and ransmittediothe Ihercby autlorizer relcase ofinformation from y DOT-regulaied druga anda alcolol icsting rocords by m previous employer, lisiedi ins Section 1-B1o1le employer) lisiedi ins Seclianl 51.7 This relcasei isi inaccordance withDOT SSAID Numbur: Date Fax#: Fax: Section 1: Tuh hec completedky they previose employer andi transmittedtot ther Rens emplayer. Inihciwos ycarsp priori loi thed datc ofthcc empioyee'ssignaturet (ins Soction!). forD DOT-regulatod lcsting: I. Did thec employee) lovea alcoholt tesis witlhar resullo ofo.morhigher? 2, Didt thec cmployce) hurvev verified positived drugt tests? 3. Did the cimployoer refise lober tesied? Didi the cimployeel lunvec othery violationsu UFDOT: mgency drug: anda alcolo! lestingr regulations? Didaprevious cmplayern rpona adnga anda alcololr niles violationi loyou? Yex 6. lfyoua answered" "Ycs" toanyo ofuc aboici itcims, didu thec cmployce complcic thor relumto duly proccss? I-B: Personprovidingi informationi ins Scclion I-A: Name:, Plnnc# Yes No_ Ves_ Ver No_ Yes_ Yes_ Title:, Date: 19 FACI Fayebte CODRORVATED TRAMSPDTIARNN Area DRUG AND ALCOHOL POLICY APPROVAL/ADOPTION OF FACT's DRUG AND ALCOHOL POLICY Scheduled for November 21, 2024. Fayette County Board of Commissioners: Chairman Vice-Chair Secretary Date Date Date Date Attest: County Chief Clerk 20 FACI Fayette Area COORDNNATHD TRANSPOHIATON FAYETTE AREA COORDINATED TRANSPORTATION PUBLIC TRANSPORTATION AGENCY SAFETY PLAN 825 Airport Road Lemont Furnace, PA 15456 NOVEMBER 12, 2024 hudPDtke SIGNATIREOFI EXECUTIVEDIRECTOR SIGNATURE OF ACCOUNTABLE EXECUTIVE FACI Fayette CORINATED PANSPOATATON Area CONTENTS Fayette. Area Coordinated Transportation Public Transportation AgencySafety Plan - November 12, 2024 Definitions and Acronyms.. 1. Transit Agency Information 1.1 Accountable Executive. 1.2 Chief Safety Officer. 1.3 Safety Committee 2.1 Drafting the Plan. 2.3 Certification of Compliance. 2.4 Plan Review and Updates.. 3. Safety Performance Targets... 3.1 Target Development 5. Safety Management Policy. 5.1 Safety Management Policy Statement. 5.2 Safety Management Policy Communication. 5.3 Employee Safety Reporting Program 5.4 SMS Authorities, Accountabilities, and Responsibilities. 5.4.1 Accountable Executive. 5.4.2 Chief Safety Officer. 5.4.3 Agency Leadership and Executive Management. 5.4.4 Safety Committee 6. Safety Risk Management (SRM). 6.1 Safety Hazard Identification. 6.2: Safety Risk Assessment. 6.3Safety Risk Mitigation. 7. Safety Assurance. 8. Safety Promotion. 2. Plan Development, Approval, and Updates.. 2.2: Signature by the Accountable Executive and Approval byt the Board. 10 10 12 12 12 13 13 14 14 15 15 15 16 16 17 18 18 20 22 4. Overview oft the Agency'sS Safety Management Systems (SMS). 7.1 Safety Performance Monitoring and Measurement. Page2of28 FACI Fayette, OAGNATED TRANSAOHTANNV Area 8.1Safety Communication. 9. Documentation. Fayette. Area Coordinated Transportation Public Transportation AgencySafety Plan - November. 12,2 2024 22 23 24 25 26 27 27 28 Attachment. A-Plan Certification and Approval. Attachment C-History of Updates. Attachment D - Signed Policies and Procedures. FACT Safety Policy: Statement. FACTS Safety Reporting Policy. Attachment B-20241 NTD: Safety and Security Quick Reference Guide TABLES Table: 1: Calendar Year 2025 Safety Performance Targets. Table 2: Risk Assessment Matrix.. Table 3: Safety Hazard Summary Log.. 10 17 19 21 Table 4: Calendar Year 2025 Goals, Objectives and Safety Performance Indicators.. Page 3 of 28 FACI Fayetbe QOORDMATED TRANSPORTATON Area Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan - November. 12, 2024 DEFINITIONS AND ACRONYMS Accountable Executive means the single, identifiable person who has ultimate responsibility for carrying outt the PublitTransportation. Agency! Safety Plan of an Agency; responsibility: for carrying out the Agency'sTransit. Asset Management Plan; and control or direction over the human and capital resources needed to develop and maintain both the Agency's Public Transportation Agency Safety Plan, in accordance with 49 U.S.C. $ 5329(d), and the Agency's Transit Asset Management Plan in accordance with 49 U.S.C. 55326. Agency or Transit Agency means Fayette Area Coordinated Transportation. Assault on a Transit Worker means, as defined under 49 U.S.C. 5302, a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety ofanyi individual, or witha ar reckless disregard for thes safety of human life, interferes with, disables, or incapacitates at transit worker while the transit worker is performing the duties oft thet transit worker. Board means governing body of Fayette Area Coordinated Transportation which is the which is the CDC means the Centers for Disease Control and Prevention of the United States Department of Health Chief Safety Officer means an adequately trained individual who has responsibility for safety and reports directlytoa atransit agency's chiefe executive officer, generalmanager, president, or equivalent officer. A Chief Safety Officer may not serve in other operational or maintenance capacities, unless the Chief Safety Officer is employed by at transit agency that is a small public transportation provider as defined int thisp part, ora a public transportation provider that does not operate a railf fixed guideway Fayette County Board of Commissioners. and Human Services. public transportation: system. CFR means Code of Federal Regulations. Transit Administration. Direct Recipient means an entity that receives Federal financial assistance directly from the Federal Emergency means, as defined under 49 U.S.C. 5324, a natural disaster affecting a wide area (suchas af flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, as a result of which the Governor ofa a State has declared an emergency and the Secretary has concurred; or the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance. Act (42 U.5.C.5170). Equivalent Entity means an entity that carries out duties similar to that ofa a Board of Directors, fora recipient or subrecipient of FTA funds under 49 U.S.C. chapter 53, including sufficient authority to review and approve ar recipient ors subrecipient's Public Transportation Agency Safety Plan. FTA means the Federal Transit Administration, an operating administration within the United States FACT means Fayette Area Coordinated Transportation Department of Transportation. Page 4 of2 28 FACI Fayette GOORINATED TRANSADHIATON Area Fayette Area Coordinated Transportation Public Transportation. Agency Safety) Plan - November. 12, 2024 Hazard means any real or potential condition that can cause injury, illness, or death, damage to or loss of the facilities, equipment, rolling stock, or infrastructure of the system, or damage to the Injury means any harm to persons as a result of an event that requires immediate mediçal attention nvestigation means thep process of determining the causal and contributing factors ofas safety event Joint Idbor-Management process meansaf formal approach to discusst topics affecting transit workers Large Urbanized Area Provider means a recipient or subrecipient of financial assistance undér 49 U.S.C. 53071 that serves an urban area with a population of 200,000 or more as determined by the environment. awayf from the scene. or hazard, fort the purpose of preventing recurrence and mitigating safety risk. and thej public transportation system. mostr recent decennial Census. MCSAP means Motor Carrier Safety Assistance Program. National Public Transportation Safety Plan means the plan to improve the safety of all public transportation: systems that receive federal financial assistançe under 49 U.S.C. Chapter 53. Operator of a Public Transportation: System means a provider of public transportation. Near-Miss means ar narrowly: avoided safetye event. Part 673 means 49 CFR (Code of Federal Regulations) Part 673. PennDOT means the Pennsylvania Department of Transportation. Performance Measure means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Potential Consequence means the effect ofa! hazard. Public Transportation means, as defined under 491 U.S.C.! 5302, regular, continuing: shared-ride: surface transportation services that are opent tot the general public oro opent to a segment of the generalpublic 1) Intercity passenger rail transportation provided by the entity described in 49 U.S.C. defined by age, disability, or lowi income; and does not include: chapter243 (or a successor to such entity); 2) Intercity bus service; 3) Charter bus service; 4) School bus service; 5) Sightseeing service; 6) Courtesy shuttle: service for patrons of one or more: specific establishments; or 7) Intra-terminal ori intra-facility shuttle: services. Page! 5of28 FACI Fayebte COORDNAIED TRANSADTARN Area Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November 12, 2024 Public Transportation Agency Safety Plan (PTASP) means this document, which is the documented comprehensive Agency safety plani for al Transit Agency thati is required by 49U.S.C.5329. PUC means Pennsylvania Public Utility Commission. Recipient means a State or local governmental authority, or any other operator of a public transportation: system, that receives financial assistance under 49 U.S.C. chapter 53. Safety Assurance means processes within the Transit Agency's Safety Management Systems that function to ensure the implementation ande effectiveness of safety riskr mitigation, and to ensure that the Transit Agency meets or exceeds its safety objectives through the collection, analysis, and Safety Committee means the formal joint labor-management committee on issues related to safety Safety Event means an unexpected outcome resulting in injury or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to Safety_Management Policy means the Transit Agency's documented commitment to safety, which defines the Transit Agency's safety objectives and the accountabilities and responsibilities for the Sofety Management Systems (SMS) means the formal, organization-wide approach to managing safety risk and assuring the effectiveness of a Transit Agency's safety risk mitigation. SMS includes systematic procedures, practices, andj policies for managing hazards and safety risk. Safety Management System (SMS) Executive means a Chief Safety Officer or an equivalent. Safety Perlormance Target (SPTI means a quantifiable level of performance or condition, expressed asavalue for the measure, relatedt to safety management activities, tol be achieved within as specified Safety Promotion means a combination of training and communication of safety information to Safety Risk means the composite of predicted: severity and likelihood ofap potential consequence ofa Safety Risk Assessment (SRA) means the formal activity whereby the Transit Agency determines Safety Risk Management priorities by establishing the significance or value of its safety risk. Safety Risk Management (SRM) means a process within the Transit Agency's Public Transportation Agency Safety Plan for identifying hazards and analyzing, assessing, and mitigating the safety risk of assessment ofi information. thati is required by 49 U.S.C. 5329. the environment. management of safety. time period. support SMS as applied to the Transit Agency's public transportation system. hazard. their potential consequences. SEIU means Service Employees International Union. Page 6 of2 28 FACI Fayette 00ACN47ED TRAMSADHATNV Area Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan - November. 12, 2024 Safety Risk Mitigation means a method or methods to eliminate or reduce the severity and/or Safety Set-Aside means the allocation of not! less than 0.75 percent of assistance received byal large, urbanized. area provider under 49 U.S.C. 5307 to safety-related projects eligible under 49 U.S.C. 5307. Small Public Transportation: Provider means a recipient or subrecipient ofF Federal financialassistance under 49 U.S.C. 53071 that! has one hundred (100) or fewer vehicles in peak revenue: service across all non-rail fixed route modes or in any one non-fixed route mode and does not operate a rail fixed State means a State oft the United. States, the District of Columbia, Puerto Rico, thel Northern Mariana State of Good Repair means the condition in which a capital asset is able to operate at ai full level of State Safety Oversight Agency means an agency established bya a State1 that meets the requirements and performs the functions specified by 49 U.S.C. 5329(e) and (k) and the regulations set forthi in 49 Subrecipient means an entity that receives Federal transit grant funds indirectly through a State ora Transit Agency means and operator ofap public transportation: system thati isar recipient ors subrecipient Transit Asset Management Plan means thes strategic ands systematic practice of procuring, operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, and costs over their life cycles, for the purpose of providing safe, cost-effective, and reliable publict transportation, as required by 491 U.S.C. 5326 and 49 CFR part 625. Transit Worker means any employee, contractor, or volunteer working on behalf of the transit Urbanized Area means, as defined under 49 U.S.C. 5302, an area encompassing a population of 50,000 or moret that has been defineda and designated int the most recent decennial census as an urban likelihood ofa potential consequence ofa al hazard. guideway public transportation system. Islands, Guam, American Samoa, andt the Virgin Islands. performance. CFR part 674. direct recipient. of Federal financial assistance under 49 U.S.C. 5307 or a rail transit agency. agency. areal byt the Secretary of Commerce. U.S.C. means United States Code. VRMI means Vehicle Revenue Miles. The miles that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue miles include layover/recovery time. Excludes: deadhead, operator training, vehicle maintenance testing; and, schooll bus and charter services. Page7of28 FACI Fayette COORONATED TRANSPORTANNN Area Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November 12, 2024 1. TRANSIT AGENCY INFORMATION Fayette Area Coordinated' Transportationi: isal Department of Fayette County, Pennsylvania formed by the Fayette County Board of Commissioners, which operates fixed route and demand response/shared ride services in Fayette County, Pennsylvania. FACT does not purchase transportation: services froms subcontractors. FACT does not provide transportation services on behalf FACT's administrative offices, bus maintenance and storage facility are located at 825 Airport Road, Lemont Furnace, PA 15456. FACT operates fixed route and Americans with Disabilities Act (ADA) paratransit services seven days a week with reduced service on Saturdays and limited service on Funding sources include federal (5307), state, Fayette County, andi farebox revenues. FACT does not provide transportation services on behalf of another entity. ofanother entity. Sundays. The Agency'sservice area is Fayette County. 1.1 ACCOUNTABLE EXECUTIVE FACT's Accountable Executive is the Executive Director. The Executive Director is the single, identifiable person who has ultimate responsibility for carrying out the Public Transportation Agency Safety Plan (PTASP), responsibilityi for carrying out FACT'sTransit Asset Management Plan, and control and direction overt thel human and capital resources needed to develop andi maintain bothFACT'SPTASP, ina accordance with4 49U:S.C.55329ld), and FACT'sTransit, Asset Management The Executive Director is accountable for ensuring that the PTASP using Safety Management Systems (SMS) are effectively implemented throughout the FACT's public transportation system. The Executive Director is accountable for ensuring action is taken, as necessary, to address substandard performance in FACT's SMS. The Executive Director may delegate specific responsibilities, but the ultimate accountability for safety performance cannot be delegated and The Executive Director designates the Operations Manager as FACT's Chief Safety Officer (CSO) who has the authority and responsibility for day-to- day implementation and operation of FACT's SMS. The Chief Safety Officer- holds a direct line of reporting tot the Accountable Executive. The CsOi is adequately trained and has responsibility for safety andi reports directly tot the FACT's chief executive officer. The CSO has a strong working relationship with the operations and the FACTI is not al large, urbanized area provider; however, it has established: a labor-management safety committee thati is actively involved in safety and security initiatives for the Agency. The committee isl led byt the Operations Manager (CSO): and comprised of thef following front-line employees: 2 Operators, 1 Maintenance Technician, 1 Dispatcher and 1 Scheduler. In addition, managemen/superson, members include the Operations Manager, Transportation: Manager Plan, inz accordance with 49 U.S.C.55326. always rests with the Executive Director. 1.2 CHIEF SAFETY OFFICER asset management functions at FACT. 1.3 SAFETY COMMITTEE Page 8 of28 FACI Fayebbe COOADNATED TRASOHARON Area Fayette. Area Coordinated Transportation Public Transportation. Agency: Safety Plan - November: 12, 2024 and Maintenance Supervisor. Four oft thee eight committee members are represented by the Service Emplayees International Union (SEIU). The committee participated int the updating of this PTASP (November 12,2024). The cooperation of the safety committee included reviewing the PTASP, policies, procedures, performance metrics and developing goals for calendar year 2025. 2. PLANI DEVELOPMENT, APPROVAL, AND UPDATES 2.1 DRAFTING THE PLAN Pursuant to 49 CFR Part 673.11, including amendments, FACT certifies this updated PTASP. This PTASP addresses all applicable requirements and standards as set forth in FTA's Public Transportation: Safety Program and the National Public Transportation: Safety Plan. This plan was updated in co-operation with FACT's labor management safety committee. The FTA oversees compliance with ther requirements of Part 6731 through the existing Triennial Review processes. Should FACT grow so that it no longer meets the definition of a small public transportation provider, it will, within one year from that date, draft and certify a plan compliant with Pursuant to 49 CFRI Part 673.11 (a)(1), this PTASP ands subsequent updates must be signed byt the Accountable! Executive: anda approved! by Fayette County Boardo of Commissioners (See Attachment Pursuant to 49CFRPartsf 673.13(a) ande 673.13(b), FACTcertifies thati ith has established this PTASP, meeting the requirements of 49 CFR Part 673. On an annual basis in the month of December, FACT will certify its compliance with 49 CFR Part 673. FTA does not require this plan to be submitted to FTA on regular basis. FACT will certify thati it has established this PTASP fulfilling the FTA annually amends and issues al list of Certifications and Assurances. FACT will review such FACT will update its PTASP at any point when information, processes or activities change within FACT and/or when Parte 673 undergoes significant changes, ora annually, whichever comes sooner. As FACT collects data through its Safety Risk Management and Safety Assurance processes, the Agency wille evaluate its safety performance targets (SPTs) to determine whether they need to be FACT will review and update its safety plan each year in December. The annual process willl bea complete internal review of PTASP. In: addition to the annual review, FACT will review its PTASP requirements of systems operating greater than 100 vehicles. 2.2 SIGNATURE BY7 THE ACCOUNTABLE EXECUTIVE. AND APPROVAL BY1 THE BOARD A). 2.3CERTFICATION OF COMPLIANCE requirements under Part 673. Certifications will be attached to the PTASP. guidance for incorporation into the safety program as necessary. 2.4 PLAN REVIEW AND UPDATES changed, as well. wheni it: Page 90 of2 28 FACI Fayebbe QOUHCEVA7ED RANSPOHTATON Area Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan - November 12, 2024 Determines its approach to mitigating safety deficiencies isi ineffective; Makes significant changes to service delivery; Introduces new processes or procedures that mayi impact safety; Changes or re-prioritizes resources available to support SMS; and/or Significantly changes its organizational structure. The updates will be signed by the Accountable Executive and approved by the Fayette County Board of Commissioners. 3. SAFETY PERFORMANCETARGETS 3.1 TARGET DEVELOPMENT FACT includes SPTS int this PTASP. These targets are specific numerical targets set byt the FACTand is based on the safety Performance Measures established by FTA in the National Public Transportation Safety Plan. Consistent with the National Public" Transportation Safety Plan, FACT has adopted the following safety Performance Measures: Major Events, Major Event Rate, Collision Rate, Pedestrian Collision Rate, Vehicular Collision Rate, Fatalities, Fatalities Rate, Transit Workerl Fatalities Rate, Injuries, Injury Rate, Assault onl Transit Workers, Assault oft Transit Workers Rate, (3) Safety Events and System Reliability. These targets were developed in cooperation with the joint labor-management safety committee. This committee also determined that additional FTArequires the Agency to coordinate with PennDOT andi the! Metropolitan Planning Organization (MPO) to the maximum extent practicable. Pursuant to 49CFRPart673.15la), FACTwillannually transmit safety performance targets available to PennDOT and Metropolitan Planning Organizations to aidi int the planning process upon certification of this plan. FACT tracks injuries and safety issues and has monitored, reported and adjusted performance targets accordingly. FACT will adjust measures annually and believes that these are, good targets metrics were notr needed att this time. according to past data. Table 1: Calendar' Year: 2025 Safety Performance Targets CALENDAR' YEAR 2025 SAFETY PERFORMANCE TARGETS Fixed Route ADA Paratransit Major Events (Safety and Security) Major Event Rate (per 100,000 VRM) Collision Rate (per 100,000 VRM) Pedestrian Collision Rate (per 100,000 VRM) Vehicular Collision Rate (per 100,000 VRM) Fatalities Rate (per 100,000VRM) Transit Worker Fatality Rate (per 100,000 VRM) 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 Fatalities Injuries Page 10 of28 FACI Fayette OMRANATED TRANSPORIARN Area Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan - November. 12, 2024 Injury Rate (per 100,000 VRM) Transit Worker Injury Rate (per 100,VRM) Assaults on Transit Workers Assaults of Transit Workers Rate (per 100,000VRM) System Reliability (Mean distance between major mechanical failure.) Below is a summary of National Transit Database Definitions: 0.00 0 0 0 40,000 0.00 0 0 0 15,000 Fotality is "A death or suicide confirmed within 30 days ofar reported event. Does not include deaths in or ont transit property that are a result of illness or other natural causes." Injuryf for non-rail modes is "any damage or harm to persons as a result of an event that Safety Event is "a collision, derailment, fire, hazardous material spill, act of nature (Act of God), evacuation, or Other Safety Occurrence not Otherwise Classified (OSONOC) occurring on transit right-of-way, ina at transit revenue facility, ina transit maintenance facility, or involving at transit revenue vehicle and meeting established NTDt thresholds." Reportable Major Event isr reportable event is one that meets any NTD reporting threshold Occurs ata at transit revenuei facility, maintenance facility, or raily yard; Occurs on transit right-of-way ori infrastructure (the underlying framework or structures thats support aj public transportation system); Occurs during at transit-related maintenance activity; or einvolves at transit revenue vehicle. requires immediate medical attention awayi fromt the scene." (see Safet and Security Reference Chart) and Major Mechanical: System Failure is' "a failure of somer mechanical element of the revenue vehicle that prevents the vehicle from completing as scheduled revenue trip or from starting the next scheduled revenue trip because actual movement is limited or because of safety Assaults on Transit Workers is "a circumstance in which ani individual knowingly, without lawful authority or permission, and withi intent to endanger the safety ofa anyi individual, or with a reckless disregardi for the safety of human life, interferes with, disables, or incapacitates ai transit worker while thet transit worker is performing the duties oft thet transit Appendix. A contains 20241 NTD Safety & Security Quick Reference Guide- Non-Rail Mode Targets submitted to the Pennsylvania Department ofl Transportation, Bureau of Public Transit Targets submitted to Southwestern Pennsylvania Planning Commission (SPC/11/13/2024. concerns." worker. Reporting on11/13/2024. Page 11 of28 FACT Fayetbe CMAMID TPANSHORTARON Area Fayette Area Coordinated Transportation Public Transportation. Agency Safety Plan - November. 12, 2024 4. OVERVIEW OF THE AGENCY'SSAFETY, MANAGEMENT SYSTEMS (SMS) SMS are a comprehensive, collaborative approach that brings management and labor together to build on the transit industry's existing safety foundation to control risk better, detect and correct safety problems earlier, share and analyze safety data more effectively, and measure safety performance more carefully. FACT's SMS focus upon applying resources to risk and is based on ensuring that the Transit Agency has the organizational infrastructure to support decision-making at all levels regarding the assignment of resources. Some key parts of SMS include: Defined roles and responsibilities; Strong executive: safety leadership; Formal safety accountabilities and communication; Effective policies and procedures; and Active employee involvement. Furthermore, FACT's have four distinct components, which are discussed in: subsequent sections to this PTASP: Safety Policy Safety Risk Management Safety Assurance Safety Promotion The first component of FACT's SMS is the Safety Policy, which is the foundation of FACT's SMS. It clearly states the organization's safety objectives and sets forth the policies, procedures, and organizational structures necessary to accomplish the safety objectives. The Safety Policy clearly defines management and employee responsibilities for safety throughout the organization. It also ensures that management is actively engaged int the oversight oft thes system'ss safety performance by requiring regular review of the safety policy, budget and program by the designated Accountable Executive. 5. SAFETY MANAGEMENT POLICY The first component of FACT's SMS is the Safety Policy, which is the foundation of FACT's safety management system. It clearly states the organization's safety objectives ands sets forth the policies, procedures, and organizational structures necessary to accomplish the safety objectives. The Safety Policy clearly defines management and employee responsibilities for safety throughout the organization. It also ensures that management is actively engaged in the oversight of the system's safety performance by requiring regular review of the safety policy, budget and program by the designated. Accountable Executive. 5.1 SAFETY MANAGEMENT POLICY STATEMENT Safety is a core value of Fayette Area Coordinated Transportation (FACT). FACT is committed to providings safe and reliable publictransportation services tot the communities its services as wella as a safe environment for its employees, contractors, customers and the general public. This commitment includes the allocation of sufficient financial and personnel resources as well as Page 12 of28 FACI Fayebte PANSPORTANOV Area Fayette Area Coordinated Transportation Public Transportation. Agency Safety Plan - November. 12, 2024 structures, roles and responsibilities to effectively manage safety risks using the principles of Safety Management System (SMS). FACT fosters safe practices and enables effective employee safety reporting and communication. Implementing and continuously improving SMS wille enable FACT1 to effectively manage and mitigate its safety risks. Objectives include: Identification and mitigation of safety hazards and risks Effective communication of safety policies and procedures Promote and enhance: safety culture Maintain an acceptable level ofs safety Foster a culture to report all safety hazards Establish andi monitor performance targets Labor-management safety committee actively involved in workplace safety Alle employees and contractors are accountable fora as safe work environment Annual review and update of Public Transportation Agency Safety Plan in cooperation with FACT's labor-management. safety committee 5.2 SAFETY MANAGEMENT POLICY COMMUNICATION The safety management policy is communicated throughout FACT, to all employees, as well as contractors and Fayette County's Board of Commissioners. Typically, safety policies are disseminated through new hire orientation materials, postings, training and meetings. Employees of Fayette Area Coordinated Transportation (FACT) are strongly encouraged tor report safety concerns. Reporting safety concerns fosters a safety culture. Safety concerns include hazards and potential consequences of hazards. Examples of safety concerns include: 5.3 EMPLOYEE SAFETY REPORTING PROGRAM road, vehicle andi facility conditions; near misses; and policies and procedures that are not working as intended; information about whya a safety event occurred or could have been prevented. Safety hazards and concerns can be made by contacting: Kelly Bradigan, Operations Manager by telephone (724-628-7433 extension 417) or e-mail dratranensfaveteca) Robin Snyder, Transportation Manager by telephone 724-628-7433 extension 408) snyderehsayeteora: or Rudy P. Dutko, Executive Director by telephone (724-628-7433, This Safety Reporting! Programi isi ina addition1 tot the requirements tor report accidents andi incidents. The safety concerns identified int this program are documented int thes safety hazard log. Reporting of safety concerns will not result in disciplinary action unless the employee willfully participated in or conducted an illegal act, gross negligence of deliberate or willful disregard of or email extension 403) or e-mail: rdutko@hsfeyetteor. laws, regulations, policies and/or procedures. Page 13 of28 FACI Fayetbe COACNATED RANSFORIANON Area Fayette Area Coordinated Transportation Public Transportation Agency. Safety Plan - November. 12, 2024 The Operations Manager or Executive Director will follow-up with the employee reporting the safety concern. All reported safety concerns willl be documented including the action(s) taken to Executive Director is the Accountable Executive who has the ultimate responsibility for carrying out FACT's PTASP; responsibility for carrying out the transit agency's Transit Asset Management (TAM) Plan; and control or direction over thel human and capitalr resources needed to develop and maintain both FACT's PTASP, in accordance with 49US.C.5329ld, and FACT's TAM Plan in accordance with 49 U.S.C..5326. Responsibilities include SMS strategic direction; oversight of safety program; effective implementation of SMS; holds all employees and contractor(s) accountable for safety performance, roles and responsibilities; and, allocates sufficient resources Operations Manager is the Chief Safety Officer who reports directly to the Executive Director (Accountable Executive) andi is responsible for day-to-day operations of FACT's service as well as the day-to=day implementation of FACT's SMS. Responsibilities include ensuring the Executive Director is informed of safety issues, concerns and program adherence; implementation and adherence of safety program, policies and procedures; identification and resolution of safety hazards; training; instiling a safety culture; conducts safety meetings; leads safety committee; maintains hazard safety log, safety committee meeting notes and safety documentation; and, developing and monitoring safety performance metrics. Other duties include developing, implementing and updating safety policies and procedures; and, investigating accidents and Transportation Manager, Maintenance Supervisor and Dispatchers are responsible for safety and adherence to all rules, regulations, policies, procedures and programs including FACT's SMS Safety Program as well as ensuring that the employees who report to them adhere to the safety Safety Committee Members actively participate in safety meetings and in PTASP plan development and updates. Other responsibilities include: participating in setting FACT's annual safety performance targets for the safety risk reduction; Identifying and recommending safety riskr mitigationst toi improve safetyp performance: andr metrics; dentifyingsafelyrisk. mitigations that may be ineffective, nappropriate, or were not implemented as intended; and, identifying safety All Emplayees are responsible for safety and adherence to all rules, regulations, policies, address the safety concern. 5.4 SMS AUTHORITIES, ACCOUNTABILITIES, AND RESPONSIBILITIES fora an effective PTASP. incidents. program, policies and procedures. deficiencies for purposes of continuous improvement. procedures and programs including FACT's SMS Safety Program. 5.4.1 ACCOUNTABLE EXECUTIVE The Executive Director may delegate specificr responsibilities, but the ultimate accountability for FACT's safety performance cannot be delegated and always rests with the Executive Director. The Executive Director is accountable for ensuring that the FACT's SMS is effectively implemented andt that action ist taken, as necessary, to address substandard performance int the Page 14 of28 FACI Fayette COORANATED TANSPDHTATON Area Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan- - November 12, 2024 FACT's SMS. The Accountable Executive may delegate specific responsibilities, but not accountability for FACT's safety performance. The authorities, accountabilities, and responsibilities assigned tot the Executive Director int the Safety Plan reflect these requirements. The Executive Director designates the Operations Manager as FACT's Chief Safety Officer (CSO) who has the authority andr responsibility for day-to-dayi implementation and operation of FACT's SMS. The Chief Safety Officer holds a direct line ofreporting to the Accountable The CSO is adequately trained andl has responsibility for safety and reports directly toi the FACT's chief executive officer. The CSO has as strong working relationship with the operations 5.4.2 CHIEF SAFETY OFFICER Executive. andi the asset management functions at FACT. Chief Safety Officer's Roles include: and capital investments; Recommends: resources (e.g. people: andi funds) tos support asset management, SMS activities, Leading hazard identification and safety risk assessment; Monitoring safety risk mitigation activities; Providing periodic reports on safety performance; Planning safety management training; and Other duties as assigned/necessary. 5.4.3 AGENCYL LEADERSHIP AND EXECUTIVE MANAGEMENT FACT's internal leadership team consists of the Executive Director (Accountable Executive), Operations Manager (Chief Safety Officer), Transportation Manager and Dispatchers. Ina addition to facilitating quarterly PTASP safety committee meetings, the Executive Director and Operations Manager participates in bi-monthly Fayette County safety committee meetings. This committee reviews safety issues and concerns andi identifies solutions. Actively participate int the review of FACT's PTASP: and updates Address safety concerns brought tot the committee 5.4.4SAFETY COMMITTEE FACT's PTASP safety committee duties include: Promote safety act or condition Identify risks and! hazards metrics Make recommendations regarding methods top prevent a repeated occurrence of an unsafe Participate in setting FACT's annual safety performance targets for thes safety risk reduction Identifying and recommending safety risk mitigations to improve safety performance and Identifying safety risk mitigations that may be ineffective, inappropriate, or were not implemented: asi intended Page 15 of28 FACI Fayette CORONAED TRANSADATANOV Area Fayette Area Coordinated Transportation Public Transportation Agency. Safety Plan - November. 12, 2024 Identifying safety deficiencies for purposes of continuous improvement 6. SAFETY RISK MANAGEMENT (SRM) The: second component oft the FAÇT's! SMSi is Safetyl Riski Management (SRM), whichi includes processes for identification, analysis, and mitigation of safety hazards. FACT hasi implemented an SMS process for all elements of its transportation. system. The SMS process is comprised of thei following: activities: safetyl hazard identification, safety risk assessment, and safety risk mitigation. 6.1 SAFETY HAZARDI IDENTIFICATION FACT uses multiple methods to identify safety hazards and each method is documented and summarized in the Safety Hazard Summary Log (Table 3). Al hazard is defined under 5 673.5, as any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, ori infrastructure ofa public transportation: system; or damage The Safety Committees along with all staff have the task of identifying safety hazards. All employees are expected toi identify andr report. FACT also reviews data andi information provided by Pennsylvania Department of Transportation, the United States Center for Disease Control, the Pennsylvania Department of Health, local health organizations as well as the Federal Transit tot the environment. Administration. The! bullets below list the activities to identify safety hazards: Employee direct reporting to management staff Safety Committee Meetings FACT quarterly safety meeting Fayette County bi-monthly safety meetings Accident Reports Incident Reports Employee Injury Reports Operator Reports tol Dispatcher Walk-through inspections Customer Complaints and Calls Vehicle inspections Preventative Maintenance Review of performance data andi targets Maintenance reports, audits andi inspections Pre and postt tripi inspection (Driver Vehicle Inspection Report) Follow directives from FTA, PennDOT, local health organizations and/or other oversight agencies that provide requirements and guidelines to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions including control of infectious disease Page 16 of28 FACI Faygtte TRANSAORTARN Area Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November. 12, 2024 6.2SAFETY RIsk ASSESSMENT Identified hazards are documented and analyzed. Trends are examined and solutions are: sought. Safety hazards are analyzed to assess the risks resulting from the identified hazards. The assessment includes determining the likelihood and severity of the consequences of the hazards, identifying mitigations and/or controls to reduce or eliminate the risks associated with the The lead person for assessing risks is typically the Operations Manager/CSO of Maintenance Supervisor depending on who is the subject matter expert. For example, the maintenance supervisor ist thel lead fora assessing safety hazardsi identified through pre andy post tripi inspections, vehicle inspections and preventative maintenance. Assessment oversight is provided byt the CSO. Safety hazards willl be evaluated based on probability of occurrence and severity of hazards. consequences using the matrix below, Table; 2: Risk Assessment Matrix Risk Assessment Matrix Severity 2 Critical Hiph High Medium Medium Low Likelihood A Frequent B Probable C Occasional D Remote E Improbable Severity 1 Catastrophic High High Medium Medium 3 Marginal Medium Medium Low Low Negligible Medium Medium Low Low Low Catastrophic- resulting ini multiple deaths, permanent disability, significant environmental Critical- resultingi ina a death, partial disability, injuries that result ink hospitalization, major Marginal- -resultingi in ani injury resultingi in al lost workday, moderate environmentall impact, Negligible- -resulting ina a minor injury, minor environmental impact, or minor monetary! loss Frequent- Likely or expected to occur often or multiple times throughout a year Probable- Strong possibility to occur atl least once ort twicei ina a year Occasional likely to occur atl least once between: 1 and 5 years Remote- Unlikely to occur but possible improbable- So unlikely it can be assumed it won't occur Yellow- Acceptable, but monitoring isr needed Green Acceptable under existing conditions impact, ors significant monetary loss environmental impact, or major monetary loss orr moderate monetary loss Likelihood Safety Risk Level sine Page 17 of28 FACT Fayetbe COOANATED TRAASPDATARON Area Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November. 12, 2024 When a safety hazard is identified, the CSO is notified and willi include subject matter experts, as needed. Wheni feasible, corrective actions are immediately initiated to eliminate or mitigate the hazard. Safety hazards that are: significant (medium andl high severity) and/or need more time to investigate will resuit in a series of actions dependent on the hazard such as: protect the scene, remove the vehicle or equipment from service and holding the employee off work. Prioritization oft ther mitigations are! basedo ont the risk assessment fore eachl hazard. Medium and! highratedsafety Anyi identified hazard that posesar real andi immediate threat to life, property ort thee environment Safety risk mitigations are identified to reduce the likelihood and severity of the potential consequences of hazards assessed during the safetyr risk assessment process. As single safety risk mitigation does not have to address both likelihood and: severity of the potential consequences In general, mitigation of safety risks is primarily the responsibility of the subject matter expert and/or CSO. For example, a vehicle safety risk willl be eliminated or mitigated byt the maintenance supervisor. Medium and high safety risks and associated mitigations are discussed with the CSO including actions taken to mitigate or eliminatei the hazard. The CSO works with operational staff toe ensure the mitigation efforts are implemented. and have the desired impact. The objective of hazard resolution, mitigation and/or control is to eliminate or reduce the associated risk(s) of thel hazard to the lowest practical level. The ideal solutioni is to eliminate the hazard through design whenever possible. When al hazard cannot be eliminated: actions will be taken to reduce the risk. Actions may include: design to minimize risk, safety devices and equipment, warning devices, new procedures, new processes and/or training. hazards are discussed at FACT'ssafety meetings. requires immediate notification toi the Accountable Executive. 6.3SAFETY RISK MITIGATION ofhazards. 7. SAFETY ASSURANCE The third component of FACT's SMS is Safety Assurance, which ensures the pertormance and effectiveness of safety risk controls established under safety risk management. Safety assurance is also designed to ensure that the organization meets or exceeds its safety objectives through the collection, analysis, and assessment of data regarding the organization's performance. Safety assurance also includes inspection activities to support oversight and performance monitoring. FACT identifies data and information it collects from its operations, maintenance, and public transportation services so that it can monitor safety performance as well as the effectiveness of its SMS. Monitoring includes operations and maintenance protocols and procedures, and anys safety risk mitigations, to ensure that it is implementing them as planned. Furthermore, investigation will be conducted ofsafetye events anda anyr reports of non-compliance with applicable regulations, standards, and legal authority. Finally, FACT will continually monitor information reported to it through any internal safety reporting programs including thee employee safety reporting program. Page 18 of28 FACI Fayetbe COORDRATED RANSADHTAROWY Area Fayette Area Coordinated Transportation Public Transportation Agency. Safety Plan - November. 12, 2024 All incidents are monitored to ensure compliance with procedures. Safety risk mitigations are reviewed to ensuret the appropriate actions were taken. FACT examines all incidents to determine the best course ofa action to help reduce and/or eliminate similar incidents from occurring. The following activities are undertaken to monitor the system for compliance with procedures for operations and maintenance: Accident, Incident and Injury Reports appropriateness Walk-through inspection Prea and post tripi inspections Vehicle inspections Preventative Maintenance Refresher Training Hazard Log Summary Review safety risk mitigations for proper implementation to ensure effectiveness and Safety hazards including thosei identified int thee employee safety reporting program andl FTA and other oversight authorities with the associated actions are documented and summarized in a hazard log. Table 3p provides an example oft the summary log. Table 3: Safety Hazard Summary Log Safety Hazard Summary Log Existing Risk Mitigation Date Hazard Risk Assessment Further Mitigation Actions bya andv when Measures Page 19 of28 FACI Fayebbe COANATED TFANSADHIARN Area Fayette Area Coordinated Transportation Public Transportation. Agency: Safety Plan - November. 12, 2024 The CSO provides oversight on safety risk mitigations and reports the information to the safety Safety events are investigated by the CSO and/or subject matter expert supervisor/manager. Safety events such as accidents, incidents and occurrences are investigated to identify causal and contributing factors. The investigation includes determination of preventability and adherence to committee and Accountable Executive. safetypolicies and procedures. Thei investigation includes the following: Investigate, interview and collect data and information Identify all causes Identification of causal factors C Organizational factors safety event E Equipment: and infrastructure factors contributedi tot the: safety event Environmentalt factors Outside factors Human factors Elements of the management, policies, and procedures that contributed to the Failures in functioning of vehicles or other technological components that Characteristics of the environment in which the people and vehicles were Larger context in whicht thet transita agency is operating, wheret factors outside the Errors, rule violations, and characteristics of the people involved contributed to operating that contributed tot the safety event control of the agency contributed to the safety event thes safety event Assess the probability of occurrence and severity of consequences using the risk assessment Develop and implement corrective actions and preventative strategies including addressing matrix Report casual factors Monitor actions Evaluate effectiveness and make changes as needed The CSO routinely monitors multiple data and information sources including material from the internal safety reporting program, safety metrics to ensure safety performance, compliance with Safety meetings include a variety oft topics including review of safety hazards, accidents, incidents as procedures ande effectiveness ofs safety risk mitigations. wella as prioritization, status ande effectiveness of mitigation efforts. 7.1 SAFETY PERFORMANCE MONITORING AND MEASUREMENT Safety performance monitoring andr measurement tasks include: Monitor the system for compliance with procedures for operations andi maintenance; Page 20 of28 FACI Fayebbe COORCMATED FANSPOHATW Area Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November 12, 2024 Monitor operations toi identify any safety risk mitigations that may be ineffective, inappropriate, or werer not implemented asi intended; Conduct investigations of safety events toi identify causal factors; and Monitor information reported through anyi internal safety reporting programs. FACT has multiple processes in place to monitor the entire system for compliance with policies, procedures and programs including reports, logs, inspections, audits, and performance metrics. Employee Injury Reports and Drug and Alcohol Program are examples of other data sources that are reviewed for trends and compliance. The CSO monitors processes and performance trends andt takes appropriate actions to address non-compliance andi ineffective procedures or activities. Actions to address trends, non-compliance and ineffective procedures or activities are FACT has established Safety Performance Targets for major events, collisions (total, pedestrian and vehicular), fatalities (including transit worker fatalities), injuries, assault on transit workers, and system reliability. The targets are detailed in Section 3 of this PTASP. These targets were developed in cooperation with the joint labor-management safety committee. This committee In cooperation with FACT's safety committee, we have established the following goals and objectives to foster a safety culture and promote the PTASP. Eachy year, FACT will revise its goals, objectives ands safety performance indicators based on1 the previous year's safety performance. The table below provides the goals/objectives. and the associated safety performance indicators. documented: and provided tot the Accountable Executive. also determined that additional metrics were not needed at this time. Table 4: Calendar' Year 2025 Goals, Objectives and Safety Performance Indicators Calendar Year 2025 Goals, Objectives and Safety Performance Indicator Goals/Objectives hazards. Safety Performance Indicator Develop a program to encourage employeest tor report hazards such as a"token" recognition items such as aT-shirt for reporting hazards Provide safety committee members with at least one SMS training information session. Develop and implement one: safety promotion each quarter Foster as safety culture where everyone takes an active rolei in transit safety by increasing employee reporting ofs safety Raise awareness of FACT's staff of SMS principles and through training and information initiatives. Promote safety Int the event ofai fatality, FACT must comply witha all FTA drug and alcohol requirements and 75 Pa. C.S. Section4704. Pursuant toi the Commonwealth: statute, int the eventamotorcarier vehicle or mass transit vehicle is involvedi in an accident that causes the death of the vehicle operator or another person, the motor carrier vehicle or mass transit vehicle andi its equipment, load, driver and documents shall be inspected by a qualified Commonwealth employee as designated by 75 Page 21 of28 FACI Fayette OORCNAIED TRANSADRIARON Area Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November, 12, 2024 Pa. C.S.Section 4704 before the vehicle or driver willl be allowed to continue operation. FACTwill contact the nearest PUC District Office to request a post-accident MCSAP bus inspection. The nearest PUC District Office is Pittsburgh, PA. The current manager is James Murray, and her telephone number is 412.423.9310: and thei fax number is: 412.820.2607. 8. SAFETY PROMOTION The fourth component of FACT's SMS is Safety Promotion, which requires a combination of training and communication ofs safety information to employees to enhance safety performance. FACT established competencies and training for all FACT personnel directly responsible for safety, and to establish and maintain ther means for communicating safety performance and safety management information. Thist training program contains refresher training, as necessary. Safety Promotion is conducted through training, safety meetings, posters, information flyers, brochures, bulletins, seasonal tips andi inspections. PTASP key staff that are required to receive SMS related: safety training are: FACT's Executive Director Operations Manager FACT's operator training components include: defensive driving; ADA requirements; accident/emergency prevention and procedures; safe bus operations; fatigue awareness; drug and alcohol; drug free workplace; safety and security; ande emergency preparedness. FACT communicates safety and safety performance information throughout their organizations using a variety of methods. The information conveyed includes hazards and safety risks relevant to employees' roles and responsibilities and informs employees of safety actions taken in response to reports submitted through the employee safety reporting program. Typical methods 8.1 SAFETY COMMUNICATION ofc communication include: Safety meetings Safetyt training Employee follow-up meetings Safety bulletins Safety posters Information flyers FACT's Executive Director ensures that all personnel are aware of information relevant to their safety-related roles and responsibilities. Employees are encouraged to report and provided responses to these risks as appropriate. At a minimum, safety will be discussed at the monthly drivers' meetings and at all safety Committee Meetings. Page 22 of28 FACI Fayebte COORAMATEDT TPAASADATATON Areg 9. DOCUMENTATION Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November. 12, 2024 Pursuant to 49 CFR Part 673.31, FACT shall maintain records of its documents that are developedi in accordance with this policy and FTA requirements. FTA expects a Transit Agency to maintain documents that set forth its Public Transportation Agency Safety Plan, including those related to the implementation of its SMS such as the results from SMS processes anda activities. For the purpose of reviews, investigations, audits, or other purposes, this section requires the Transit Agency to make these documents available tol PennDOT, FTA, and other Federal agencies as appropriate. The Agency shall maintain these documents for a minimum oft threey years. Page 23 of28 FACI Fayebbe CORCANATED TPANSPIHANNN Area Fayette Area Coordinated Transportation Public Transportation Agency. Safety Plan - November 12, 2024 ATTACHMENT A- PLAN CERTIFICATION, ANDI APPROVAL Fayette County Board of Commissioners: Chairman Vice-Chair Secretary Date Date Date Date Attest: County Chief Clerk Page 24 of 28 FACI Fayette Area CORINATED TRANSPOATATON Fayette Area Coordinated Transportation Public Transportation. Agency: Safety Plan- - November 2024 12, ATTACHMENTI B-20241 NTD: SAFETY AND! SECURITY QuICK REFERENCE GUIDE 2024 NTD Safety & Security Quick Reference Guide - Non-Rail Mode Reporting Reportable Event As safety or securitye event occurringo on transitr right-of-way ori infrastructure, atat transit revenue facility, atan maintenance! facility, duringa at transitr related maintenance: activity, ori involvinga transit revenue vehicle. Excludedfromt thise event-reporting/ requirement are: eventst thoto occur offu transit, property whered affected persons, vehicles, or objectso come tor resto on transitp property after thee event, OSHAE eventsi inc administrative! bulidings, deoths thate areoresulto ofillness ord other naturalc causes, othere events (osscult, robbery, non-tronsit vehiclec collisions, etc.)occurring atbuss stops or shelters thato are noto on transit-owned; property (unless boarding/alighting at thet time), collsions thatoccurs whilet troveling: toorfrom atransit- related maintenanced activity, collisionsi involvingas supervisor car, ord other transits service vehicle operating onp publicr roads. Ane eventr meetingt ther reportablee eventdefinition/ ANDn meeting Assaulto ona transitw worker withr noir injury, Other Safety Afatality confirmed within 30d days (Indudingsuicide) AREI NOTa aresulto ofacollision, derailment, evacuation, major Ani injury requlringt transporta awayf fromt thes scenef for securitye event, hazmats spill,A Acto ofGod;a andr non-major fire. Estimated propertyd damage equall toore exceeding $25,000 Intentt toendanger thes safetyo ofanyi Individual Collisionsi involvingt transitr roadwayr revenue vehiclest that Othor Safetyo Occurrence Not Otherwise Classified (OSONOC: requiret towinga awayo ofatransitr roadways vehicle or other Singlei injurye eventr requiringt transporta awayf fromt the 5a5-401 MajorE Event Report MAJORI THRESHOLDS oneorn more ofthef followingr reportingt thresholds: mediçals attentionf for onec or morep persons (partial exception int thec cased afOthers Safety Events) Ane evacuationf forl lifes saferyreasons non-transitr roadwayv vehicle duet todisablingd damage. Reports ared duev within: 30d days ofthec date oft thee event. EVENT TVPES SafetyE Evants Collision ndinesuicswAtempid suicide/assault involvingt transity vehicle contact) Fire Haardous materials spill( (requires specialized clean-up) Acts ofGod (nature) Other Safoty Occurrences Noto Otherwise Classified! (two Injuryd duet to: injuries and/ora anothert threshold) o Miscellaneous events thatr meeta System Security Events Arson Bombt threat/bombing Burglary/Vandalim Chemealpslogsal/redlaiedelega/nudurrelsase Cybers securitye event Hijacking Sabotage Suspiciousp package Others security event (shotsf fired, projectiles, etc.) PersonalSecurity! Events Assault (not transitv vehicle contact) Homicide (notransitvehicle contact) Suicided or Attempteds Suicide (not transitvehice contact) Fire: Robbery Larceny/theft Motory vehiclet theft Rape Other personals security events (e.B perpetrator tased) S8S 50! Non- Major Monthly Summary NON-MAJORI THAESHOLDS Incident injuries meetingt ther reportable evento definitiont that Non- Major Assaukts on Transit Workers: Non-injury (nct transport), Withr reckless disregard fort thes safetyo ofh human! life. scene forn medical attention. Fire: Requireds suppression! bute doesr notn meetar majori incident reportingt threshold. Reports duebyt thec endoft thef followingmonth EVENT TYPES/EXAMPLES Non-Major Assaults on1 Transit Workers Verbala assaul/harassment Spittingors striking Interference witht transltv worker's dutles Others Safety Occurrence Not Otherwise Classified (OSONOG: Slip/Trip Fall Including personr making contactv withar non-r moving transitv vehlcle Excludingir individuais) Injureda atbuss stopsu unless boardingora alightingf froma transit vehicle att thet time ofthee event Injuryt ton maintenance worker Boarding/alighting Abrupto ore evasive transitv vehicler maneuvers Mobillty device (eg., whesichaisecurement. issues Salsyelevao/eabrer. injury Excludesi individualst transportedf forr mentalhealthe evaluation unrelatedt toar reportablee evento duet todeclarations ofself- harm, soleiy fori intoxication, ord drugoverdose. Required suppression! butr nor majort thresholdis met. o Smal! firec onint transits station o Smalie engine firec ont transitv vehicle Page 25 of28 FACI Fayette COOADNATED FANSPORIATON Area Fayette Area Coordinated Transportation Public Transportation. Agency Safety Plan - November 12, 2024 ATTACHMENT C-HISTORY OF UPDATES Original Plan, April 14, 2020 Plan Update 1.1, June 23, 2023 Plan Update 1.2, November 12, 2024 Update 1.2 primary changes included: adding additional performance metric categories, updating safetyr management policy, updating safetyr reporting policy, updating performance metrics targets, infectious disease policy, unsafe conditions, risk assessment matrix, safety hazard summary log, following directives from oversight agencies and health organizations to minimize hazards and establishing labor/management. safety committee, identifying composition and duties ofs safety committee, developing plan in co-operation with labor management committee, changing annual update date to December 31, and, establishing goals for calendar year 2025. Page 26 of28 FACI Fayebbe, Area COOADNATED TRANSADHTARNV Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan -! November 2024 12, ATTACHMENT D - SIGNED POLICIES. AND PROCEDURES FACT SAFET/POLCYSTATEMENT FACV Fayette Areg Fayette Area Coordinated Transportation SnfetyPallcys Stotement SAFYPOUCYSTATEMENT Safetyisacore valued ofFayette Area Coordinated1 Transportation/FACT. FACTis committed top providing safe and reliable public transportation services to the communities its services as well as a safe environmentf fari itsemployees, contractors, customersa andtheg generalpublic." Thisc commitmenti includes the allocation of sufficient financlal and personnel resources as well as structures, roles and responsibilities to effectively manage safety risks using the principles ofs Safety Management! System (SM5). FACT fosters safep practices ande enables effective employee safetyr reporting ando communication. Implementing and continuously Improving SMSV wille enable FACT to effectively managea andr mhigate its safety risks. Objectivesi include: Identification: andn mitigationc ofs safetyl hazardsa andri risks Effective communicationt ofs safety politiesa andp procedures Promote ande enhance safety culture Maintaine an acceptable! tevel ofsafety Fostera culturet tor reporta allsafety! hazards Establish andr monitor performance targets Labormanagements safetyo committee activelyi involvedi inv workplaces safety Allemployeest andc contractors are accountable foras safev worke environment Annualr reviewa andu update ofPublict Transportation/ Agencys SafetyP Planino cooperationu withFACT's labor-r managements safety committee Rs PDtk Ky Rudy P.Durko, Executive Director Fayette Area Coordinated Transportation Page 27 of28 FACI Fayette COOHOWATED TRANSPOHIARNV Area Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan - November 12, 2024 ACFSAFETY/REPORTING POLICY FACV Fayette Ares Fayette Area Coordinated Transpartation Employee! Safety Reporting Progrom EMPLOYEE SAFETY REPORTING PROGRAM Employees ofF Fayette Area Coordinated1 Transportation (FACT) ares stronglye encouragedt ton reports safety concerns. Reporting safety concerns fostersa as safetye culture. Safetys concerns includel hazards and potentialconsequencese of hazards. Examples ofsafetyo concernsi include: road, vehicle andf facilityo conditions; policies andp procedures thata aren notw workinga asi intended; nearn misses; and informationa about whya safetye event accurredord could! havet beenp prevented. Safetyh hazards andc concerns canb ber made byc contacting) KellyE Bradigan, Operations! Manager by telephone (724-628-7 7433e extension4 417)ore-mail (kbradigan@hs.f fayelte.orglorR RudyF P. Dutko, Executivel Directort byt telephone (724-628-7 7433, extension4 403)ore a-mail: (rdutkofhs. fayette.org). This5 SafetyR Reporting Programi isina additiont tot ther requirementst tor reporta accidents andi incidents. The safetyo concernsi identifiedl Int thisp program ared documentedi int thes safetyl hazardk log. Reportingo ofs safety concernsv willn notr result ind disciplinary action unless thee employee willfully participated inord conducteda ani illegala act, gross negligence ofd deliberate or wilfuld disregard ofl laws, The Operations Manager or Executive Director willf follow-upy witht thee employee reporting thes safety concern. All reporteds safetyo concernsy willl bed documentedi includingt thea action(s)takent to addresst the regulations, policiesa and/or procedures. safetyo concern. Mphk db Rudy P.Dub, Executive Director Fayette Area Coordinated Transportation Page 28 of28 RESOLUTION Al Resolution of the County of Fayette, Pennsylvania, to apply fort funding from thel Main Street Matters Program through the Pennsylvania Department of Community and Economic Development for $35,887 for the Gallatin Building Feasibility Study. WHEREAS, the County of Fayette designates Scott Dunn, Chairman Commissioner, to be WHEREAS, the County of Fayette recognizes thei importance of revitalizing historic buildings to enhance the community's economic growth andi future development; and WHEREAS, the Gallatin Building in Uniontown, Pennsylvania, holds significant potential for community and governmental use, with the County currently utilizing the basement for WHEREAS, the proposed project, "Future Foundations: Gallatin Building Revitalization Project," willi involve hiring a consultant: to conduct a comprenensive. feasibility study, which will assess the County's needs fort the building's remaining sixi floors and guide future WHEREAS, thet total project cost for this feasibility studyi is $47,850, with al local match commitment of $11,963, representing 25% of1 the total project cost; and WHEREAS, the Fayette County Commissioners are committed to ensuring the best use of County facilities and resources fori the benefit of the community and its future generations; NOW, THEREFORE, BE IT RESOLVED that the County of Fayette will apply for funding int the amount of $35,8871 from the Main Street Matters Program to support thet feasibility studyf for BEI ITFURTHER! RESOLVED that the Commissioners affirm their support of the project and commit the necessary matching funds to complete the feasibility study. the contract signer of all grant documents; and storage andi two floors for government offices; and development aligned with community priorities; and the Gallatin Building; and ADOPTED this 21st day of November 2024, by the Fayette County Board of Commissioners. Amy Liston/C Chief Clerk County of Fayette, PA RESOLUTION Bei it RESOLVED, that the County of Fayette, Pennsylvania, of Fayette Countyl hereby request a Statewide Local Share Assessment grant of $525,119f fromi the Commonwealth Financing Authority Bei itF FURTHERI RESOLVED, that the Applicant does hereby designate Scott Dunn, Commissioner Chair, andy Vincent' Vicites, Commissioner, ast the official(s)1 to execute all documents and tol be used for the Sheepskin Trail Development project. agreements between the. County of Fayette Authority toi facilitate and assisti in obtaining the requested, grant. and1 the Commonwealth Financing 1 Amy Liston_ a majority vote oft the. November: 21,2024 Fayette County Commissioners this _215_ day of. November 2024. duly qualified Chief Clerk of the County of Fayette, Pennsylvania, of Fayette and said Resolution has been recorded int the! Minutes of the County, hereby certify that thet foregoingi is a true and correct copy of a Resolution duly adopted by Fayette County Commissioners at ar regular meeting held andi remains in effect as of this date. INWITNESS THEREOF, laffix myh hand and attach the seal of the County of Fayette, Pennsylvania, Countyof Fayette Fayette County Chief Clerk RESOLUTION Bei itRESOLVED, thatt the County of Fayette, Pennsylvania, of Fayette Countyherebyrequest: a Statewide Local Share Assessment grant of $477,2151 from the Commonwealth Financing Authority tol be usedi fort the German Masontown Park Baseball Field Improvements project. Bei it FURTHER RESOLVED, that the Applicant does hereby designate Scott Dunn, Commissioner Chair, and' Vincent Vicites, Commissioner, as the official(s) to execute all documents and agreements between the CountyofF Fayette and the Commonwealth Financing Authorityt to I,A Amyl Liston_, duly qualified Secretary of the County of Fayette, Pennsylvania, of Fayette County, hereby certify that thei foregoingi is at true and correct copy of al Resolution duly adopted bya majorityy vote oft the. Fayette County Commissioners atar regular meeting held. November: 21, 2024 and said Resolution has beenr recorded ini the Minutes oft the_ Fayette County facilitate and assisti in obtaining the requested: grant. Commissioners. and remains in effect as oft this date. INWITNESS THEREOF, laffix myl hand and attach thes seal oft the County of Fayette, Pennsylvania, this A 215t day of. November 2024. Countyo of Fayette Fayette County Chief Clerk