An agenda meeting of the Fayette County Board of Commissioners was held at 10 a.m. on Tuesday, November 19,, 2024, at the Fayette County Courthouse first floor commissioners conference room, 61 East Main Street, First Floor, Uniontown PA. In attendance- Commissioner Chairman Scott Dunn Commissioner Dave Lohr Chief Clerk Amy Liston County Solicitor Jack Purcell Commissioner Dunn welcomed everyone to the meeting at 10 a.m. He asked all to stand for a silent prayer, 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 consider placing on the agenda approval of 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. Commissioner Dunn yes Commissioner Lohr yes Motion passed unanimously A motion was made by Commissioner Dunn and seconded by Commissioner Lohr to amend the agenda to consider placing on the agenda approval of 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. Commissioner Dunn yes Commissioner Lohr yes Motion passed unanimously Commissioner Vincent A. Vicites arrived at 10:05 a.m. Public Comment on Agenda Items- None Fayette County Redevelopment Authority Andrew French presented the agenda item. He said 62 applications were received requesting $2 million in funding and $619,000 is available this year, with $588,000 available for actual projects after the administration fee is taken out. He said they will finalize the list and will have it available before the meeting on Thursday. Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda 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 Dave Rider presented the agenda item. A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda approval of the following agreements and modifications. Adelphoi Village Laurel House, Inc. Contract Value $557,577 $621,383 $2,171,392 $955,355 $857,241 Period 01/01/25-12/31/25 07/01/24-06/30/25 0701/23-06/30/24 07/01/23-06/30/24 0701/23-06/30/24 HealthChoices Professional Service Agreement 2025 Modification Agreement #1 2024-2025 Modification Agreement #1 2023-2024 Chestnut Ridge Counseling Services, Inc. Crosskeys Human Services, Inc Mental Health Association in Fayette County Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Building and Grounds Patty Tremba presented the agenda items. 2 A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval of accepting bids for Bid 24-07 for county cars on in the amounts listed on consider placing on the agenda: the bid sheet as attached. Approval to advertise for bids on tires for county vehicles. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Children and Youth Services Gina D'Auria read the agenda items. consider placing on the agenda: Amotion was made by Commissioner Lohr and seconded by Commissioner Vicites to Ratification ofa FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Community Resources of Fayette County, Inc. a/k/al Crime Victims' Center of Fayette County, 6 Oliver Road, Suite 108, Oliver Square, Uniontown, PA 15401 for School & Community Program on as needed basis. The rate Ratification of a FY2023-24 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile Probation and Community Resources of Fayette County, Inc. a/k/al Crime Victims' Center of Fayette County, 6 Oliver Road, Suite 108, Oliver Square, Uniontown, PA 15401 for Parenting Classes, counseingyVstatone Skills, Victim/Community Awareness, Teen Life Skills, Teen Parenting on an as needed basis. is$ $23,000.00 for the contract period. The rates are as follows: Parenting Classes Individual one on onej parenting Counselngvistation (life skills) Services $ 50.00/hr Victim/Community Awareness Competency Development Program Teen Life Skills Program Teen Parenting Program 2 250.00/per class 100.00/hr 50.00/hr/individual/session 5 50.00/hr/individual/session 5 50.00/hr/individividual/session Approval of 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 3 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'sLevel Professionals & Below (two-hour minimum) Professionals Above Masters Level (inj person) Professionals Above Master'sLevel (via phone/virtual) Trauma-Specitic 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/half day 500.00/halfday 85.00/hr No-Call/No-Show/Cancellation Fee. This fee will be charged for no-call/no-show, appointments or appointments cancelled by clients with less than 24 hours notice, and will be billed at the rate of one (1)hour of the specified service. Mileage reimbursement will be billed at the current IRS: rate. Approval of 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 Approval of 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 Approval of 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) Approval of 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- provided to the County at a rate of $95.84 per hour. four (4) therapists. The rate for this service is $232,000.00 annually. therapist. The rate for this service is $127,000.00 annually. needed basis. The rates are as follows: 4 Initial Clothing Pathway to Recovery Voyagers $250.00 $359.00/day $348.00/day Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette, through Fayette County Children & Youth Services and Fayette County Juvenile 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 $215.90 Therapeutic Foster Care-(TFC) room & board-AA Enhanced Foster Care with Peer Support-JK Enhanced Foster Care with Peer Support- JL Approval of a FY2024-25 Purchase of Service Agreement between the County of Fayette through Fayette County Children and Youth Services and Fayette County Juvenile Probation and Hoffman Homes for Youth, 815 Orphanage Road, Littlestown, PA 17340 for Residential, Group Home and Shelter Placements onana as needed basis. The rates are as follows: Initial Clothing-$ $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 5 Jodie Victor read the agenda items. consider placing on the agenda: AI motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval of Change Order # 1 to Motorola Contract # USC000006004 to add ASTRO Managed Detection and Response and Enhanced Post Warranty to the present contract running 2025 thru 2033. Total cost of Change Order over the life of the contract is Approval of an intergovemmental agreement for sharing radio talkgroups(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 $2,302,873.41. Management. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Prior to a vote, a discussion was held about the cost of the change order. Human Resources Lorraine Conard read the agenda items. consider placing on the agenda: A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to CYS Approval of the hiring of Leah Bierer, Caseworker 1, SEIU CYS, $23.04/hour Approval of the hiring of Tyrissa Betters, Case Aide 1, SEIU CYS, $18.31/hour ($44,928.00 annually) effective November 25, 2024. ($35,705.00 annually) effective December 2, 2024. FACT Approval of the resignation of Ashley Walker, Part Time Bus Driver, effective September 21, 2024. Approval of the resignation of David Brady, Part Time Bus Driver, effective October 14, Ratification of 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. 2024. 6 Ratification of 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. FCBHA Approval of the resignation of Brianna Copeland, County Caseworker 2, effective Approval of the resignation of Donald Nemchik, County Caseworker 2, effective November 1, 2024. November 13, 2024. Approval of the hiring of Kara Popson, County Caseworker 1, Non-Union, PG3 33, Step EE, $19.82/hour ($38,649.00 annually) effective December 2, 2024. Approval of 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. Approval of 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. Approval of the hiring of David Behary, MH Program Specialist 1, Non-Union, PG39, Step MM, $29.62/hour ($57,759.00 annually) effective December 2, 2024. VETERAN AFFAIRS Approval of the resignation of Brian Bensen, Director of Veteran Affairs, effective November 8, 2024. HUMAN RESOURCES Approval of the updated 2024 Workers Compensation Panel effective December 1, 2024. The change includes replacing The Ortho Group for Physical Therapy with Approval of the collective bargaining agreement between the County of Fayette Board ofCommissioners and Court Appointed employees represented by United Mine Workers of America (UMWA) for the period of January 1, 2024-D December 31, 2027. OSPTA. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioner Dunn wished Brian Bensen the best in his future endeavors. Office of Human and Community Services/FACT 7 Rudy Dutko presented the agenda items. consider placing on the agenda: Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval 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 Approval oft the Revised Disadvantaged Business Enterprise Program for Fayette Area Approval of the Revised Drug & Alcohol Policy for Fayette Area Coordinated Approval of the Public Transportation Agency Safety Plan for Fayette Area Fayette Area Coordinated Transportation. Coordinated Transportation as attached. Transportation as attached. Coordinated Transportation as attached. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Prior to a vote, there was a discussion about the company being hired to do the new website. Office of Tax Services Rebecca Cieszynski presented the agenda item. Office of Tax Services Tax Claim Ar motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda approval of 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 Parcel Municipality Bid $583.00 $3,257.25 25-39-0164 North Union Township 02-10-0157 Brownsville Borough 8 Tiffany Peterson Commissioner Dunn yes CommissionerLohr yes Commissioner Vicites yes Motion passed unanimously 13-19-0006 Franklin Township $9,300 Planning, Zoning and Community Development Art Cappella presented the agenda items. A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to consider placing on the agenda approval of a grant application to the Solid Waste Infrastructure for Recycling (SWIFR) funding opportunity EPA--OLEM-ORCR-24-05. 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 TBD. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Commissioners Chief Clerk Liston read the agenda items. consider placing on the agenda: A motion was made by Commissioner Lohr and seconded by Commissioner Vicites to Approval of the October 22, 2024 commissioners agenda meeting minutes. Approval of the October 24, 2024 commissioners meeting minutes. Approval of one appointment to the Conservation District for a farmer representative Approval of one appointment to the Conservation District for a commissioner Approval of 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 for a term to expire on December 31, 2028. representative for a term to expire on December 31, 2025. drawdown of proceeds. 9 Approval of a resolution to apply fori funding from the Main Street Matters Program through the Pennsylvania Department of Community and Economic Development for Approval of 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 Approval of 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 $35,887 for the Gallatin Building Feasibility Study, as attached. Masontown Park Baseball Field Improvements project. Trail Development project. Commissioner Dunn yes Commissioner Lohr yes Commissioner Vicites yes Motion passed unanimously Public Announcements- None Public Comments- None 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 10 RESOLUTION OF THE BOARD OF COMMISSIONERS APPROVING RECOMMENDATIONS FOR FUNDING 2024-2025 FAYETTE COUNTY LOCAL SHARE ACCOUNT PROGRAM OF FAYETTE COUNTY THROUGHTHE 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 wel-being and mitigate thei impact ofg gaming andi related activities; and WHEREAS, an LSA has been established by DCED for Fayette County due to gaming revenues generated 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 to submission of any combined single application to 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 IT RESOLVED, by the Board of Commissioners oft the County of Fayette: 1. That the 2024-2025 Fayette County Local Share Account (LSA) Program funding recommendations prepared by 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 by the Redevelopment Authority to the Pennsylvania Department of by thel Lady Luck Casino at Nemacolin Woodlands Resort in Wharton Township, Fayette County; and Authority as the local administrator ofi thel Fayette County LSAI Program; and process for administration andi implementation of 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 Economic Development (DCED). hereby 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 21st day of 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 1FMCUPDG7BK821043 $ 964,00 Gue Escape IFMCU937X9XB48328 $ 782.00 Oui Escape IFMCU93769XB48326 $ 325.00 myls Escape IFMCU93789XB48327 $ 32L,00 Oui ExplorerlFMEU73B980A97306 $ Additional Bid Information Required: 276.00 Culv 60090 Mluply 6) 1990 INTERNATIONALTIeKIHTSAZPMOLIQ430445 Name of Bidder: Address: Phone Number: Contact Person: Fax Number: SUBMIT ONE ORIGINAL AND FIVE COPIES OF THIS BID FORM. FACI Fayebbe Area COORDINATED TRANSPORTATON FAYETTE AREA COORDINATED TRANSPORTATION DBE PROGRAM PLAN FAVETTE AREACCENTENNO aRG Revised November 8, 2024 MudP.Dutkg SIGNATIREOF) EXECUTIVEI DIRECTOR FACT - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 TABLE OF 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 (526.13). Contract Assurance ($26.13 (b)). DBEI Program Updates ($26.21). Policy Statement ($26.23).. DBE: Liaison Officer (DBELO) ($26.25) DBEI Financial Institutions ($26.27). Prompt Payment Mechanisms (526.29).. Prompt Payment (526.29(a)). Retainage ($26.29(b)) Directory ($26.31).. Overconcentration (526.33). Business Development Programs ($26.35). Monitoring and Enforcement Mechanisms (S26.37). Small Business Participation ($26.39). Set-asides or Quotas (526.43). Overall Goals ($26.45).. Uniform Report ofl DBE Awards or Commitments and Payments ($26.11(a)). SUBPARTB - ADMINISTRATIVE REQUIREMENTS, Monitoring and Enforcement (526.29(d)). 8 8 9 10 10 10 11 11 12 SUBPART C-GOALS, GOOD FAITH EFFORTS, AND COUNTING Goal Setting and Accountability ($26.47). Transit Vehicle Manufacturers Goals (526.49) Meeting Overall Goals/Contract Goals ($26.51). 1/Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Good Faith Efforts Procedures ($26.53). Award of Contracts with al DBE Contract Goal ($26.53(a)) Information to be Submitted ($26.53(b)). Evaluation of Good Faith Efforts (526.53 (c)). Administrative Reconsideration ($26.53(d)). 12 12 13 13 13 14 15 15 15 15 17 17 17 17 18 19 24 26 Good Faith Efforts when a DBE: is Terminated/Replaced on a Contract with Contract Goals (526.53(f)). Counting DBE Participation (526.55).. SUBPARTS D and E- CERTIFICATION. Certifiçation Process ($26.61 1-526.73) Unified Certification Programs (526.81). SUBPARTF- COMPLIANCE AND ENFORCEMENT. Information, Confidentiality, Cooperation ($26.109). Monitoring Payments to DBEs. Monitoring DBE Work. Attachment A - 49 CFR Part 26. Attachment B - Bidder's List Collection Form. Attachment C -CFR 49 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-I 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 with a Small Business component pursuant to 49 Code of Federal Regulations (CFR) Part SUBPART A GENERAL REQUIREMENTS OBJECTIVES AND. POLICYS STATEMENT (526.1 AND $26.23) FACT's Program objectives and policy statement arei ini thei following signed policy statement (FIGURE1). FIGURE 1: SIGNEDI DBE POUCYSTATEMENT FACI Fayebtr Acee DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLCYSTATEMENT DISADVANTAGED! BUSINESS ENTERPRISE (DBE)Poucy Objectives/Policys Statement (526.1,5 $26.23) Fayette Area Coordinated1 Transportation: (FACT) hase established: al Disadvantaged Business Enterprise (DBE), programi ina accordance with regulations oft the U.S. Department ofT Transportation (DOT), 49CFR Part2 26. FACTH hasr received Federal financialassistance from the Department ofT Transportation, anda asa condition ofr receivingt thisa assistance, FACT! has signeda ana assurance thati ity willo comply with.49 CFRF Part Itist thep policyo oft the FACTt toe ensuret that DBEs are defined inp part 26, have an equal opportunityt to receive andp participatei inc DOTa assisted contracts. Itisa also ourp policy: 1. Toensure nondiscriminationi int thea awarda anda administration of DOT assisted contracts; 2. Toc createa a level playingf fieldo on which DBES cand compete fairlyf for DOT assisted contracts; Toe ensure that the! DBE Programi is narrowlyt tailoredi ina accordance with applicable law; Toe ensure that onlyf firms that fully meet 490 CFRP Part 26€ eligibility: standards are permittedto Tohelpr remove barrierst tot thep participation ofc DBES inD DOT assistedo contracts; and, , Toa assist the development offi firms that cand compete successfullyi int ther market place Kristine Peck, FACT's Accounting! Specialist has been delegateda as the DBEL Liaison Officer. Int that capacity, Kristine Peck responsiblet fori Implementing alla aspects ofthe! DBE program. Implementation: of the DBE, programi is accorded thes same priority asc compliance witha allo other legal obligations incurred by the FACT ini itsf financial assistance agreements with the Department ofTransportation. FACTH has disseminated thisp policys statement toF Fayette County's Board ofCommissioners: anda allo oft the components ofo ouro organization. This statement hast beend distributed tot DBE and non-DBE business communities thatp perform work forF FACTon DOT-assisted contracts. 26. participate as DBES; outsidet the! DBE Program. H-8-24 Date Rudy! Dutko, Executive Director BhA 3Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER8, 2024 APPLICABILITY ($26.3) FACTI is a recipient of federal transit funds. DBE regulations are applicable toi federal transit funds authorized by Titles 1, III, Vand VI of ISTEA, Pub. L. 102-240 or by federal transit laws in' Title 49, U.S. Code, or Titles I, III, and' V of the TEA-21, Pub. L.: 105-178. Titlesl,! III, and V of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: Al Legacy for Users (SAFETEA-LU), Pub. L. 109-59, 119Stat. 1144; and Divisions Aa and B of the Moving Ahead for Progress int 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, $26.5. 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 ofa 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 of the objectives of the DBE program with respect to individuals of a particular race, 49 CFR part 26 ont the basis ofr race, color, sex, or national origin. color, sex, or national origin. RECORD! KEEPING REQUIREMENTS ($26.11) 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 tot the DBE regulation. Reporting will be on a: semiannual basis using the electronic Uniform Report of DBE Awards or Commitments and Payment form available ini the FTA TEAM-Web system. This report is due each. June 1 and December 1. In calendar year 2025, the reporting FACT has developed the following procedures to ensure the Uniform Report of DBE Awards or FACT has adopted tracking procedures system andi thel bulleted list below summarizes the categories that will be annual on December 1. Commitments and Payments are accurate and timely. DBE Tracking System: the Agency documents for all federal expenditures by project. 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 oft the work that DBE FACT will monitor the number of DBE's, dollar amounts awarded, and percentage of DBE FACT will monitor the status of alli funds paid or in progress. 4IPage FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 FACTwillr require that DBES provide an update by ethnicity and gender of the number of employees and dollar amounts paid to certified DBE firms during the reporting period. (Ethnicity will include Black American, Hispanic American, Native. American, Asian-Pacific American, Subcontinent Asian Americans, Non-minority, and Other.) Overall DBE Goal andt the percentage race-neutral and race-conscious. Amount and Percentage of Small Business Participation Activities and outreach to DBE Firms Activities and outreach to Small Businesses Submission Requirements: Semi-annually (March and October), FACT's DBELO will provide the Executive Director with the amount oft federal expenditures along with monies paid to certified DBE firms. The Executive Director, DBELO and Department Managers will meet to discuss past and future expenditures andi identify strategies to increase DBE participation. This effort will increase DBE participation. as well as enable timely submission of the Uniform Report. The Accounting Specialist will update the Uniform Report of DBE Commtment/Awartsand The Executive. Director will review the draft Uniform Report of DBE Commitments, /A Awards The Executive Director will: submit thei finalized report byt the required submission date. Payments for the reporting period. and Payments. Bidders List (526.11 (c)) FACT will create and maintain al bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on Department of Transportation (DOT)-assisted contracts. The list willi include successful: and unsuccessful bidders/Oofferors. The purpose ofthis requirement is to allow use oft the bidder's list approach to calculating overall goals. The bidder list willi include the name, address, DBE FACT will collect this information through notification in all bid solicitations and a contract clause requiring prime bidders to report information regarding all firms that quote to them on subcontracts and firms quoting on subcontracts to report the information directly to FACT. non-DBE status, age, and annual gross receipts of firms. (ATTACHMENTB) FEDERAL: FINANCIAL. ASSURANCES ($26.13) FACTI has signed thet following assurances, applicable to all DOT-assisted contracts andi their administration: FACT shall not discriminate on the basis ofrace, color, national origin, or sex ini the award and performance of any DOT assisted contract or in the administration ofi 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. Ther recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation: oft this program is al legal obligation andj failure to carry out its terms. shall be treated as a violation of this agreement. Upon notification to the [Recipient) of its] failure to carry out its approved program, the 5Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Department may impose sanction as provided for under part 26 andi may, in appropriate cases, refer the matter fore enforcement under. 18 U.S.C.. 1001 and/or the Program Fraud Civil Remedies Acto of1986 (31 U.S.C.. 3801 et seq.). This language will: appear ini financial assistance agreements with sub-recipients. CONTRACT ASSURANCE (526.13(B)) FACT will ensuret that thet following clause is placed in every DOT-assisted contract ands subcontract: The contractor, sub-recipient, ors subcontractor. shall not discriminate on the basis of race, color, national origin, or sexi int the performance of this contract. The contractor. shall carry out applicable requirements of4 49 CFR part. 26i in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination oft this contract or such other remedy as the recipient deems appropriate, which may 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 FACT 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 outt this program until all funds from DOT financial assistance have been expended. We willy provide to DOT updates representing significant changes int the program. POLICY STATEMENT ($26.23) FACT issued and disseminated. a signed and dated policy statement that is on page three of this program document. The policystatement expresses FACT's commitment tot the DBE program, the program objectives, and outlines responsibilities for its implementation. DBEI LIAISON OFFICER (DBELO)(26.25) The Disadvantaged Business Enterprise Liaison Officer (DBELO) will work withi the Director of FACTto implement all aspects of FACT's DBE Program. The DBELOis: Kristine Peck White, Accounting Specialist 724-628-7433 extension 407 Fayette. Area Coordinated Transportation 825 Airport Road Lemont Furnace, PA: 15456 kpeck@hs.fayette.org 6IPage FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Int that capacity, the DBELO is responsible fori implementing all aspects of the DBE program and ensuring that FACT complies with all provision of 49 CFR Part 26. The DBELO has direct, independent access to FACT's Executive Director concerning DBE program matters. The Accounting Specialist reports directly to Thel 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 and reports statistical data and other information as required by DOT. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 4. Ensures that bid notices and requests for proposals are available to DBEsin a timely manner. 5. Identifies contracts and procurements. so that DBE goals are includedi ins solicitations (both race- neutral methods and contract specific goals attainment andi identifies ways to improve progress. 6. Analyzes FACT's progress toward attainment and identifies ways to improve progress. 8. Advises the Director and governing body on DBEI 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 inj pre-bid meetings. 11. Provides DBES withi information and assistance in preparing bids, obtaining bonding and 13. Provides outreach to DBES and community organizations to adviset them of opportunities. insurance. 12. Plans and participates in DBE training seminars. DBE: FINANCIAL INSTITUTIONS ($26.27) Itist the policy of FACT toi investigate thei full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals ini 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 int the area att the current time and the daily requirements for handling and depositingi fares, employee payroll transactions, etc. necessitate the use ofal local bank. FACT wille evaluate if DBE financial institutions exist onatriennial basis when: setting new goals. PROMPT PAYMENT MECHANISMS (526.29) Prompt Payment (526.29(a)) FACT willi include thei following clause in each DOT-assisted prime contract: The prime contractor agrees to pay each: subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt ofeach! payment the prime contract receives from FACT. Any delay or postponement of payment from the above referenced timej frame may occur only fors good causej following written approval of FACT. This clause applies to both DBE and non-DBE: subcontracts. 7/Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Retainage (S26.29(b)) The prime contractor agrees to return retainage payments to each 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 only for good cause following written approval of FACT.This The County of Fayette, FACT will bring to the attention oft the DOT any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for criminal prosecution, referral toi the DOT Inspector General, action under suspension and debarment or Program Fraud and Civil Penalties rules) provided in 26.109. Similar action will also be considered under the County of Fayette, FACT's own legal authorities, including clause applies to both DBE and non-DBE subcontracts. Monitoring and Enforcement (526.29(d)) responsibility determinations ini future contracts. DIRECTORY ($26.31) FACT utilizes thel Pennsylvania Unified Certification Program (PAL UCP) as its DBE directory. The PAL UCP maintains a unified DBE directory that lists all firms certified by the PAI UCP. The PA UCP directory lists the name, address, telephone number, type of work the firm hasl been certified to perform as a DBE and the North American Industry Classification System (NAICS) code(s). The PAI UCP directoryi is at least updated annually and throughout the year as new DBE firms are added. The PA UCP Directory is available in print (or ont thei internet. The PAL UCP website is tr/bmcpdheatencm FACT will include thei following paragraph ini its requests for proposals and bids: Itis the policy of FACT to ensure that DBE's, as defined in 49 CFR 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 well as 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, tp/Ppopdbeyptmcon FACT utilizes the PAI UCP website to identify possible DBE firms and obtain quotes. OVERCONCENTRATION (526.33) FACT has not identified that overconcentration: exists in the types of work that DBES perform. We will re-evaluate for overconcentration on at triennial basis when setting new goals. BUSINESS DEVELOPMENT PROGRAMS ($26.35) program ona at triennial basis when: setting new goals. MONITORING. ANDI ENFORCEMENT MECHANISMS ($26.37) FACT has not established al 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-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 1. We will bringt to the attention of the Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so1 that DOT can take the steps (e.g., referral to the Department of. Justice for criminal prosecution, referral 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 determinations in 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 to 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 oft the contract in whole ori in part. provided in 26.109. remedies mayi include, but are not limited to: Ina addition, the federal, government has available several enforcement mechanisms thati it may apply to firms participating in the DBE program, inçluding, but not limited tot the Suspension or disbarment proceedings pursuant to 49 CFR Part2 26 Enforcement action pursuant to 49 CFR Part 31 Prosecution pursuant to 18 USC1001 following: 3. IfFACT finds the contractor not in compliance withi the DBE provisions and the contractor fails or refuses to take adequate corrective action, FACT may impose one or more ofi the following penalties. Issue an order stopping all or part of payment/work; Suspend payments to prime contractor untils such time the subcontractor receives Terminate contact for cause or default, without liability to FACT; Suspend prime contractor from participating in future contracts with for at time payment and interest; period: specified by FACT; and/or Other penalties as determined by FACT. 4. We will also provide ar monitoring ande enforcement mechanism to verify that work committed to DBES at contract award 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 occuri fore each 5. We willl keep ar running tally ofactual payments to DBE firms for work committed to them at contract/project on which DBEs are participating. the time of contract award. SMALL BUSINESS! PARTICIPATION: ($26.39) FACT has incorporated the following non-discriminatory element to its DBE program, in orderto facilitate competition on DOT-assisted public works projects by small business concerns (both DBEs and 1. removal of unnecessary and unjustified bundling of contract requirements 2. review of small purchases fors small business participation non-DBE small businesses): 9IPage FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 3. annually review operating and capital budgets and identify possible procurements for small 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 development of acquisition strategies and structuring procurements to facilitate bids by and 7. letting prime contract of a size that small businesses can reasonably compete for and perform 8. business size willl be verified using another entity whose process is for determining eligibilityi is To help meet FACT's overall goal through race-neutral measures, it will ensure that a reasonable number of prime contracts are ofa a size that small businesses, including DBES can reasonably perform. FACT utilizes the definitions and criteria for small businesses as described by the Pennsylvania Department of Transportation (PennDOT). The current definition is as follows: 1. "Afor-profit business, owned bya a U.S. citizen or lawfully admitted permanent resident of the 2. Af firm that does not exceed the Small Business Administration's: size standards for the work they 3. Ai firm whose average annual gross receipts fort the three previous fiscal years does not exceed business participation participation fors small business participation awards to smail business consortia orj joint ventures consistent with Part26. U.S.; desire to perform; and $22.41 million. FACT will utilize PennDOT's small business enterprise website htps/www.dotsbe.agpwetwespel/sbe/vewHome.do) that has a searchable function to identifya and verify certified small businesses. SUBPARTC-GOAL, GOOD FAITH EFFORTS, AND COUNTING FACT does not use quotas in any wayi in the administration oft this DBE program. SET-ASIDES OR QUOTAS ($26.43) OVERALL GOALS ($26.45) specified by FTA. is as follows: Ina accordance with $26.45, FACT will: submit its triennial overall DBE goal to FTA on August 1 of the year FACT will also request use of project-specific DBE goals as appropriate, and/or will establish project- specific DBE goals as directed by FTA. The process generally used byl FACT to establish overall DBE goals Goals are most often set based on the Department's "Step 1, Step 2" process established in $26.45(c)-(d), whereby we establish al base figure of the relative availability of DBES to perform 10Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM work on our DOT-assisted contracts, then adjust our goal as necessary based on additional Before establishing the overall goal eachy year, FACT will consult with the Department of General Services website, Fayette Chamber of Commerce and DBELO to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBES, and FACT's efforts to establish al level playing field for1 the participation of DBES. Followingi this consultation, we will publish ar notice ofi the proposed overall goals, informing the public that the proposed goal andi its rational are available fori inspection during normal business hours at your principal office for 30 days following the date of the notice, andi informing the public comments on the goals willl be accepted for 45 days from the date oft the notice. Notice will be advertised ini thel local newspaper: and FACT's website. Normally, we willi issue this notice by June 1 ofe each) year. The notice must include addresses to which comments may be sent and address where the proposal may! be Our overall goals submission to DOT willi include: the goal (including the breakout of estimated race- neutral and race-conscious participation, as appropriate); a copy of the methodology, worksheets, etc., used to develop the goal; a summary of information and comments received during this public participation process and our responses; and proof of publication of the goal in media outlets listed We will begin using our overall goal on October 1 of the specified year, unless we have received other instructions from FTA. Ify we establish a goal on a project basis, we will begin using our goal by thet time of the firsts solicitation for at DOT-assisted contract for the project. Our goal will remain effective for the duration of thet three-year period established. and approved by FTA. FACT'sgoal will remain on its REVISED NOVEMBER 8, 2024 market information in our area. reviewed. above. website. GOAL SETTING. AND. ACCOUNTABILITY (526.47) Ifthe awards and commitments shown on FACT'sU Uniform Report of Awards or Commitments and Payments at thee end of any fiscal year are less than the overall applicable to that fiscal year, we will: 1. Analyze in detail the reason for the difference between the overall goal and the actual 2. Establish specific steps and milestones to correct the problems identified int the analysis; and 3. Submit the plan to FTAI within 90 days oft the end of the affectedi fiscal year. wards/commitments; TRANSIT VEHICLEMANUFACTURERS GOALS ($26.49) FACT will require each transit vehicle manufacturer (TVM), as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements of this section. Only thoset transit vehicle manufacturers listed on FTA's certified list of Alternatively, FACT may, ati its discretion and with FTA approval, establish project-specific goals for DBE participation in the procurement of transit vehicles in lieu of the TVM complying with this element of TVM: at the time oft the solicitation are eligible to bid. the program. 11/Page FACT-[ DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 MEETING OVERALL GOALS/CONTRACT GOALS ($26.51) FACT will meet the maximum feasible portion ofi its overall goal using race-neutral means oft facilitating DBE participation. Following are actions FACTI may undertaket toi increase DBE participation: 1. Arrange solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling large contracts to make them more: accessible tos small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their 2. Provide assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., bys such means as simplifying the bonding process, reducing! bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBES, and other 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 lists for bidders; ensuringt the dissemination: to bidders on prime contracts of lists of potential subcontractors; provision ofi information in languages other than English, where Provide services to help DBES, and other small businesses, improve long-term development, increase opportunities to participate in a variety of kinds of work, handle increasingly significant Establish aj program to assist new, start-up firms, particularly in fields in which DBE participation 7. Ensure distribution of your DBE directory, through print and electronic means, tot the widest 8. Assist DBES, and other small businesses, to develop their capabilityt 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 whichi the overall goal applies, they will cumulatively result in meeting any portion of our overall goal thati is not We wille establish contract goals only on those DOT-assisted contracts that have subcontracting possibilities. We need not establish a contract goal on everys such contract, and the: size of contract goals will be adapted tot the circumstances of each: such contract (e.g., type andi location of work, availability We will express our contract goals as a percentage of thet total amount of DOT-assisted contract. own forces); small businesses, obtain bonding andi 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 of race-neutral means. of DBES to perform the particular type of work.) GOOD FAITH EFFORTS PROCEDURES ($26.53) Award of Contracts with al DBE Contract Goal (526.53(a)) Int those instances where a contract-specific DBE goali is included in aj rocurement/solctaton, FACT will not award the contract to al bidder who does not either: (1) meet the contract goal with verified, 12Page FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 countable DBE participation; or (2) documents it has made adequate good faith efforts to meet the DBE contract goal, event though it was unable to do so.! It is the obligation of the bidderi to demonstrate it has made sufficient good faith efforts prior to submission ofi its bid. Information to be Submitted (526.53(b)) FACT treats bidder/offers' compliance with good faith efforts' requirements as a matter of responsiveness. Each solicitation for which ac contract goal has been established will require the bidders/offerors to submit thet following information: 1. The names and: addresses of DBE firms that will participatei ini the contract; 2. Adescription oft the work that each DBE will perform; 3. The dollar amount oft the participation of each DBE firm participating; 4. Written and signed documentation of commitment to use a DBE subcontractor whose participation its submits to meet a contract goal; 5. Written and signed confirmation from the DBE1 that iti is participating ini the contract as provided int the prime contractors commitment and 6. Ift the contract goal 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 and the evaluation process willi follow the guidance in Appendix A of49CFRF Part2 26, FACT's Director is responsible for determining whether al bidder/offeror who has not met the contract goal has documented sufficient goodi faith efforts to be regarded as responsive. FACT will ensure that alli information is complete and accurate and adequately documents the bidders/offerors goodi faith efforts before we commit to the performance of the contract by the examples of goodf faith efforts. (ATTACHMENTC) bidder/oferor. Administrative Reconsideration ($26.53(d)) Within 10 days of beingi informed by FACT that iti is not responsive because it has not documented sufficient good faith efforts, al bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in writing to thei following reconsideration official: Kristine Peck White, Accounting Specialist, Fayette Area Coordinated Transportation, 825 Airport Road, Lemont The reconsideration official will not have played any rolei ini the original determination that the As part of this reconsideration, the bidder/offeror willl have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror willl have the opportunity to meeti inj person with our reconsideration official to discuss thei issue of whether itr met the goal or made adequate good faith efforts to do. We will send the bidder/offeror a written decision on reconsideration, explaining the basis forf findingt that thel bidder did or didi not meet the goal or make adequate good faith efforts to do: SO. Furnace, PA: 15456, kpeck@hs.fayette.org: bidder/offeror did not document sufficient good faith efforts. 13/Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 Ther result oft the reconsideration process is not administratively appealable to the Department of Good Faith Efforts when al DBEi is Terminated/Replaced. on a Contract with Contract Goals FACT requires that prime contractors not terminate a DBE: subcontractor listed on al bid/contract witha a DBE contract goal without FACT's prior written consent. Prior written consent will only be provided where there is' "good cause" for termination of the DBE1 firm, as established by $26.53(f)(3) of the DBE 1. Wer require that a prime contractor not terminate for convenience al DBE subcontractor. and then perform the work oft the terminated subcontract withi its own forces or those of an 2. When al DBE subcontractori is terminated, or fails to complete its work on the contract for any reason,' we require the prime contractor to make good faith efforts toi find another DBE subcontractor tos substitute fort the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE1 that was terminated, tot the extent needed to meeti the contract goal we established for 3. Wei include ine each prime contraçt ap provision for appropriate administrative remedies that willl bei invoked ift the prime contractor fails to comply with the requirements of this section. Before transmitting to FACT its request to terminate, the prime contractor must give notice in writing to the DBE ofi its intent to dos so. A copy of this notice must be provided to FACT prior to consideration of the request tot terminate. The DBE will then have five (5) days to respond and advise FACT of why it objects to the proposed termination. Int those instances where "good cause" exists to terminate al DBE's contract, FACT willr require the prime contractor to make goodi faith efforts to replace al DBE that 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 notify the DBE Liaison officeri immediately oft the DBE'sinability or unwillingness to perform and provide reasonable documentation. In1 this situation, we will require the prime contractor to obtain our prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good Ifthe contractor stilli fails to comply, the contracting officer mayi issue at termination for default Transportation. ($26.53(f)) regulation. affiliate, without our prior written consent. the procurement. faith efforts. proceeding. Sample Bid Specification FACT willi include a bid: specification when a contract goal is established pursuant to FACT's DBE program. The bid specification will be used to notify bidders/offerors of the requirements to make good faith efforts. FACTV will use forms (ATTACHMENT D) to collect information necessary to determine whether the bidder/offeror has satisfied these requirements. The following is an example of al bids specification: The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, applyt tot this contract. Iti is the policy of the FACT to practice nondiscrimination: based on race, color, sex, or national origin in the award or performance of this contract. Allf firms qualifying 14/Page FACT-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 under this solicitation are encouraged to submit bids/proposals. Award oft this contract will be conditioned upon satisfying the requirements oft this bids specification. These requirements apply to alll bidders/offerors, including those who qualify as al DBE. A DBE contract goal of percent has been established for this contract. Thel bidder/offeror shall make good faithefforts, as defined in 49 CFR Part 26, to meet the contract goal for DBE participation ini the performance The bidder/offeror willl be required to submit thet followingi information: (1) the names and addresses of DBE firms that will participate int the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount oft the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror's commitment to use al DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBEt that iti is participating in1 the contract as provided ini the commitment made under (4); and (5) if the contract goali is not met, evidence of good faith efforts. of this contract. COUNTING DBE PARTICIPATION ($26.55) FACT will count DBE participation toward overall and contract goals as provided in 49 CFR: 26.55. Only the value of the work actually performed will be counted toward the DBE goals. Expenditures toal DBE contractor will be counted toward DBE goals only if the DBEi is performing ac commercially useful function on that contract. SUBPARTSDANDE-CERTIFICATION CERTIFICATION PROCESS (S26.61-526.73) The PAI UCP web address is: www.paucp.com. FACT does not operate a certifiçation program. FACT uses the Pennsylvania Unified Certification Program (PAL UCP) fori its DBE Program certification. FACT will refer potential DBE providers to PAI UCP. Any party that has a concern with certification willl be referred to PAI UCP and/or the U.S. Department of Transportation, Office of Small and Disadvantaged Business Utilization, 1200 New. Jersey Avenue SE, W56-485, Washington, DC: 20590, Phone: 202366.1980/00592-116. UNIFIED CERTIFICATION PROGRAMS ($26.81) FACT is a member of a Pennsylvania Unified Certification Program (PAI UCP). The PA UCP meets all of the requirements of this section. FACT will use and count for DBE credit only those DBE firms certified by the PAI UCP. Entities that are not certified will be encouraged to become certified through the PA UCP. The PAI UCP describes its Program oni its website (www.paucp.com) as follows: The purpose of the Pennsylvania Unified Certification Program (PAI UCP) is to provide "one-stop shopping" for firms seeking certification as al Disadvantaged Business Enterprise (DBE)in accordance with 49 CFR Part 26. The PAI UCP makes all certification decisions on behalf ofa all agencies and organizations int the Commonwealth with respect to participation in the DBE Program. in otherwords, firms certified. as al DBE withi the PAI UCP are eligible to participate on 15Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM any Federal Aviation Administration, Federal Highway Administration and Federal Transit Administration: funded contract. as al Disadvantaged Business Enterprise. Thet following table shows contact information for certifying participants that FACT will provide to REVISEDNOVEMBER 8, 2024 encourage firms to be certified or1 tol learn more: about the DBE program. CONTACT INFORMATION Phone Organization Allegheny County Department of E PA Department of Transportatio n (PENNDOT) Pittsburgh Transit Transportatio (SEPTA) Cityof Address 542 Forbes Avenue Building Email 204 County Office 412-350-4309 mwdbecerticationealeghenycounty, us MBE/WBE/DB Pittsburgh, PA 15219 P.O. Box 3251 Harrisburg, PA 17105-3251 345 Sixth Avenue 717-787-5891 penndotupnio@pagoy Regional Pittsburgh, PA 15222 412-566-5500 Southeastern DBE Program Office Pennsylvania 1234 Market Street nA Authority Philadelphia, PA 1910 prt@dbesystem.com 11th Floor 7 Philadelphia International Airport DBE Program Office 215-937-5475 215-580-7278 DBEPiogrameseptaorg OBDOPHL.Org Philadelphia Philadelphia, PA 1915 3 FACT will also refer potential DBEs to PennDOT's Supportive Services Center. The website is: htps/www.penndotpagowaboutuyfaualtimplbomemPAseyDsadanaged8usiness-Enterprise upportivesertesasp. The DBE Supportive Services Center "provides training and consulting services that wille enable DBES to acquire the proficiency, expertise ande experience necessaryt to compete, on an equal basis, with non-DBES" for contracts. Services include "training and workshops, Any firm or complainant may appeal al PA UCP decision in a certification matter to 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-D DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 West Building, 7t Floor Washington, D.C.20590 SUBPARTF-COMPLANCE AND ENFORCEMENT INFORMATION, CONFIDENTIALITY, COOPERATION ($26.109) FACT will safeguard from disclose to third parties information that may reasonably be regarded as confidential business information, consistent with federal, state, and local law. Notwithstanding any contrary provisions of state or local law, we will not release personal financial information submitted in response to the personal net worth requirement to a third party (other than DOT) without the written consent of the submitter. MONITORING PAYMENTSTODBES FACTwill require prime contractors to maintain records and documents of payments to DBEs for three years following the performance oft the contract. These records will be made available for inspection upon request by any authorized representative of the [Recipient) or DOT. This reporting requirement FACT will perform interim audits of contract payments to DBES. The audit will review payments tol 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 oft 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. Seei the section titled "Monitoring and Enforcement Mechanisms (526.37)" on page 81 for details on how 17IPage FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 ATTACHMENT A-49 CFR PART 26 tp/www.ed.gov/g-bin/text-idx. Subpart A- General The Code of Federal Regulations 49, Part: 26, Participation by Disadvantaged Business Enterprises in Department ofTransportation Financial Assistance Programs can be accessed on-line at: Following are thet titles for the subparts and Appendices Subpart B--Administrative Requirements for DBE Programs for Federally-Assisted Contracting Subpart C-Goals, Good Faith Efforts, and Counting Subpart D-Certification Standards Subpart E-Certification Procedures Subpart F--Compliance and Enforcement Appendix A-Guidance Concerning Good Faith Efforts Appendix C-DBE Business Development Program Guidelines Appendix D-Mentor-Protege Program Guidelines Appendix F--Uniform Certification Application Form Appendix G-Personal Net Worth Statement Appendix B-Uniform Report of DBE Awards or Commitments and Payments Form AppendixE E --Individual Determinations of Social and Economic Disadvantage 18/Page 000DD 00000 00000 D00DD 00000 0000D 00000 00D0D FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 ATTACHMENT C - CFR 49 PART2 26, APPENDIX A = GUIDANCE CONCERNING GOoD FAITH EFFORTS e-CFR datai is current as of December 1, 2015 U.S. Government Publishing Office (GPO) ittp/www.ecr.pov/cgi-bin/text- Title 49 Part 26 Subpart F Appendix A ik7SD-Zalec9dbi27ar62-4940)a9494a8me-trueanode-ap49126 1109.a8rgn-div9 Appendix At to Part 26-Guidance Concerning Good Faith Efforts I.When, as a recipient, youe establish ac contract goal on al DOT-assisted contract for procuring construction, equipment, services, or any other purpose, al bidder must, in order to be responsible and/or responsive, make sufficient goodi faith efforts to meet the goal. Thel bidder can meet this requirement in either of two ways. First, the bidder can meet the goal, documenting commitments for participation by DBE firms sufficient for this purpose. Second, even ifi it doesn't meet the goal, the bidder can document adequate goodf faith efforts. This means that thel bidder must show thati it took all necessary and reasonable steps to achieve al DBE goal or other requirement of this part which, byt their scope, intensity, and appropriateness' tot the objective, could reasonably be expected to obtain sufficient II. In any situation in which you have established a contract goal, Part 26 requires you to use the good faith efforts mechanism of this part. As a recipient, youl have the responsibility to make af fair and reasonable judgment whether al bidder that did not meet the goal made adequate good faith efforts. It isir important for you to consider the quality, quantity, andi intensity of the different kinds of efforts that the bidder has made, based on the regulations and the guidance int this Appendix. The efforts employed byt the bidder should bei those that one could reasonably expect al bidder to take ift the! bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE contract goal. Mere pro forma efforts are not good faith efforts to meet thel DBE contract requirements. We emphasize, however, that your determination concerning the: sufficiency of 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 requiring that a bidder meet: a contract goal (ie., obtain as specified amount of DBE participation)! in order to be awarded a contract, event though the bidder makes an adequate good faith efforts showing. This rule specifically prohibits yout from ignoring IV.T Thei followingi is al list of types of actions which yous should consider as part oft the bidder's good faith efforts to obtain DBE participation. Iti is not intended to be a mandatory checklist, nor isi iti intended to be exclusive or exhaustive. Otheri factors or types of efforts may be relevant in appropriate cases. A.(1) Conducing market research toi identify small business contractors and suppliers and soliciting through all reasonable. and available means thei interest ofa all certified DBES that have the capability to DBE participation, eveni if they were notf fully successful. bona fide good faith efforts. 21/Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 perform the work of 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 in the State's directory of transportation firms that specialize in the areas of work desired (as noted in 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: and submit at timely offer for the subcontract. Thel bidder should determine with certainty if the DBES are interested byt taking appropriate steps to follow upi initial which are locatedi in the area or surrounding areas oft the project. solicitations. B. Selecting portions oft the work to be performed by DBEs in order toi increase thel likelihood that the DBE goals willl be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example, smaller tasks or quantities) tot facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items withi its owni forces. This mayi include, where possible, establishing flexible timeframes for performance and delivery schedules in C.Providingi interested DBES with adequate information about the plans, specifications, and requirements of the contract in at timely manner to assist them in responding to a solicitation with their D.(1) Negotiating in good faith with interested DBES. Iti is the! bidder's responsibility to make a portion oft the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBES subcontractors ands suppliers, so as to facilitate DBE participation. Evidence ofs such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description oft thei information provided regarding the plans and specifications for the work selectedi for subcontracting; ande evidence as to why additional Agreements (2)Abidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well: as contract goals into consideration. However, the fact that there may bes some additional costs involvedi in finding and using DBES is not ini itself sufficient reason fora 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 to perform the work ofa contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEsif E.(1)Notr rejecting DBES as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union VS. non-union status) are notl legitimate causes for the rejection or non-solicitation of bids int the contractor's efforts to meet the project goal. Another practice considered ani insufficient good faith efforti is the rejection of the DBE because its quotation for the work was not the lowest received. However, nothing in this ar manner that encourages andi facilitates DBE participation. offer for the subcontract. could not be reached for DBES to perform the work. the price difference is excessive or unreasonable. 22Page 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 prime contractor's inability to find a replacement DBE at the original price is not alone sufficient to support at finding that goodi faith efforts have been made to replace the original DBE. The fact that the contractor has the ability and/or desire to perform the contract work withi its own forces does not relieve the contractor of the obligation to make good faith efforts tot find a replacement DBE, andi iti is not a sound basis for rejecting a prospective replacement DBE'sreasonable quote. F.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 usingt 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 ini the V.Inc determining whether ab bidder has made goodi faith efforts, iti is essential to scrutinize its documented efforts. At a minimum, your must review the performance of other bidders in meeting the contract goal. For example, when the apparent successful bidder fails to meet the contract goal, but others meet it, you may reasonably raise the question of whether, with additional efforts, the apparent successful bidder could have met the goal. If the apparent successful bidder fails to meet the goal, but meets or exceeds the average DBE participation obtained by other bidders, your may view this, in conjunction with other factors, as evidence of the apparent successful bidder having made good faith efforts. As providedi in $26.53(b) (2)((vi), you must also require the contractor to submit copies of each DBE and non-DBE subcontractor quote submitted tot the bidder when a non-DBE subcontractor was selected over: al DBE for work ont the contract to review whether DBE prices were: substantially higher; and contact the DBES listed on a contractor's solicitation to inquire as to whether they were contacted by the prime. Prot forma mailings to DBES requesting bids are not alone sufficient to satisfy good faith. VI.A Ap promise to use DBES after contract award is not considered to be responsive to the contract ino order to satisfy contract goals. required by the recipient or contractor. orrelated assistance or services. recruitment and placement of DBES. efforts under the rule. solicitation or to constitute goodi faith efforts. [79FR59600, Oct. 2, 2014] 23IPage FACT-I DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISED NOVEMBER 8, 2024 ATTACHMENT D-F FORMS 1 AND 2 FOR DEMONSTRATION OF GOoD FAITH EFFORTS FORM: 1: DISADVANTAGE BUSINESS ENTERPRISE (DBE)UTILIZATION DISADVANTAGE BUSINESS ENTERPRISE (DBE)UTIUZATION BID SOLICITATION DBE FORM1 The undersigned bidder/offeror has satisfied the requirements of thel bid specification in the following manner (please check and complete the appropriate box/space): D Thel bidder/offeror is committed to ar minimum of %DBE utilization on this Thel bidder/offeror (if unable to meeti the DBE goal of %) is committed toa minimum of %DBE utilization on this contract. Attach documentation contract. demonstrating. good faith efforts. Name of bidder/offeror firm: State Registration No.: By: Title: Signature Date 24Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FORM2: DISADVANTAGE BUSINESS ENTERPRISE DBE)UMUZATON-LITER OF INTENT REVISED NOVEMBER 8, 2024 Disadvantage Business Enterprise (DBE) Letter of Intent Bid Solicitation DBE Form 2 Complete one formi for each DBE subcontractor, Name ofk 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) Code fort the worki tol bep performed. Description of Work: Description of Work: Description of Work: The! bidder/offeror is committed to utilizing the above-named DBE firm for the work described The above-named DBE firm affirms that it is certified int the NAICS code(s) listed above and will perform the portion of the contract for 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 of the prime contract, any and all representations int this Letter of Intent and Affirmation shall be null and void. 25Page FACT- DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REVISEDNOVEMBER 8, 2024 ATTACHMENT TE-DISADVANTAGE BUSINESS ENTERPRISE PROGRAM APPROVAL Fayette County Board of Commissioners: Chairman Vice-Chair Date Date Date Date Secretary Attest: County Chief Clerk 26]Page FACI Fayebbe Area COORDANATED TRAASPOHIATON FAYETTE AREA COORDINATED TRANSPORTATION DRUG & ALCOHOL POLICY MdPDuthe SIGNATIREOF) EXECUTIVE DIRECTOR Revised November: 12, 2024 Scheduled to be approved by the Fayette County Board of Commissioners on November 21, 2024 FACI Fayette ORHAIED TBAASHORIATW Area DRUG AND ALCOHOL POLIcY CONTENTS 1.01 Policy. 2.0 Purpose.. 3.0 Covered Employees. 4.01 Prohibited Substances 5.01 Prohibited Conduct. 6.0Testing Procedures. 7.01 Employment Assessment. 8.01 Re-Entry Contracts.. 9.0 Employee and Supervisor Training 11.0 System Information. Requirements 3 4 4 5 8 13 14 14 14 15 16 17 18 19 20 10.01 New Hires and' Transferees into Safety-Sensitive Positions. Reasonable Suspicion Training Certificate. Post-Accident Drug and Alcohol Decision Making, Scenarios, and Regulatory Pre-Employment Notification and Acknowledgement, Form. Previous Employer Release ofInformation Form. Approval/Adoption ofFACT's Drug and Alcohol Policy. 2 FACI Fayebte OORDN47ED TPANSFOHTATON Area DRUG AND ALCOHOL POLICY 1.0! + POLICY Fayette Area Coordinated Transportation (hereinafter referred to as "FACT") is dedicated1 to providing safe, dependable, ande economical transportation services to our transit system passengers. This company via its Board of Commissioners has adopted this policy as the official policy of Fayette Area Coordinated Transportation. FACT employees are a most valuable resource and it is our goal to provide al healthy, satisfying work environment which promotes personal opportunities for growth. In meeting these goals, iti is our policy to: (1) assure that employees are not impaired 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 unlawfui manufacture, distribution, dispensing, possession or use of (4) to encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to asafe, productive, and 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) 628-7433, extension 403. 2.0PURPOSE The purpose of this policyi is to assure worker fitness for duty andi to protect our employees, passengers, and the publici from the risk posed by the misuse ofa alcohol and use of prohibited drugs by employees that perform safety-sensitive functions. This policyi is alsoi intendedi to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs int thet transit industry. The Federal Transit Administration (FTA) of the U.S. Department of1 Transportation has published 49 CFRI Part 655,as amended, that mandate urine drug testing and breath alcohol testing for safety-sensitive positions and prohibits performance ofs safety-sensitive functions when there is a positive test result. The U. S. Department of Transportation (DOT) has also published 49 CFR Part 40, as amended, that set standards for the collection and testing of urine and breath specimens. In addition, the Federal, government published 49CFR Part 29, "The Drug-Free Workplace. Act of1988," which requires the establishment of drug-free workplace policies and the reporting of certain drug-related offenses tot the FTA. This policy incorporates those requirements fors safety-sensitive employees and others when so noted.. A copy of these procedures may be obtained from the FACT's Executive https/transitsafet.fa.dotsv/DuupAndAcoho/Re.ulations/Reruations/defaultaspx AlI Fayette Areas Coordinated Transportation employees are subject to the provisions of the Director. Part 40i is also available on-line at: Drug-Free Workplace Actof 1988. 3 FACI Area Fayette TRAASFORTATON 3.0 COVERED EMPLOYEES 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 definedi in Part 655, section 655.4. Youare a covered a covered employee if you perform any of thet following: (1) Operating a revenue service vehicle, including when noti in revenue service; (2) Operating a nonrevenue service vehicle, when required to be operated byah holder (3) Controlling dispatch or movement ofar revenue service vehicle; (4) Maintaining (including repairs, overhaul and rebuilding) a revenue. service vehicle or ofa Commercial Driver's License; equipment usedi in revenue service; (5) Carrying ai firearm for security purposes. Asafety-sensitive functioni is any duty relatedi to1 the safe operation of mass transit service including the operation ofa revenue. service vehicle (whether or not the vehicle isi in revenue service), dispatch, maintenance ofar revenue. service vehicle or equipment used in revenue service, security personnel who carry firearms, and any other employee who operatesa nonrevenue service vehicle, when required to be operated by al holder ofa Commercial Driver's License. FACTsafetysensitive positions include: Dispatcher Transit Operator Operations Manager Maintenance Supervisor Maintenance Technicians (A, B, Cand D) 4.0 PROHIBITED SUBSTANCES 4.1 Illegally Used Controlled Substances or Drugs The use of illegal drugs is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty anyt time therei is a quantifiable presence of a prohibited drug 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. Iegal use includes use of anyi illegal drug, misuse ofl legally prescribed drugs, and use of 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 that indicates that mentali functioning, motor skills orj judgment may be adversely affected, must be reported toa a transit system supervisor. Ina addition, the employee must obtain ay written release from the 4 FACI Faygtte RAAGHOHIANON Area DRUG AND ALCOHOL POLICY attending physician releasing the person to perform their job duties any time they obtain a Al legally prescribed drug means that thei individual has a prescription or other written approval from a physician for the use ofa drug int the course of medical treatment. It musti include the patient's name, the name of the substance, quantity/amount to be taken, and1 the period of authorization. The misuse or abuse of legal drugs while performing transit business is performance-altering: prescription. prohibited. 4.3 Alcohol The use of beverages containing alcohol or substances including any medication mouthwash, food, candy or any other substance such that alcohol is present int the body while performing transit business is prohibited. The concentration of alcohol is expressedi int terms of grams of alcohol per 210 liters of breath as measured by an evidential breath-testing device. 5.0 PROHIBITED CONDUCT 5.1 Manufacture, Trafficking, Possession and Use Transit system employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of prohibited: substances on transit authority premises, int transit vehicles, in uniform or while on transit authority business. Employees who violate this provision willl be discharged. Lawe enforcement shall be notified, as appropriate, where criminal activity is suspected. 5.2 Intoxication/Under the Influence Any safety-sensitive employee whoi is reasonably suspected of beingi intoxicated, impaired, under the influence ofap prohibited: substance, or not fit for duty shall bei immediately suspended from 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) who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations. Employees found to be under the influence ofa a prohibited substance or who failt to pass a drug or alcohol test shall bei immediately removed from duty and: subject tot termination. A drug or alcohol testi is considered positive if thei 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 CORINIED TRAASFORARN Area DRUG AND ALCOHOL POLICY All covered employees are prohibited: from consuming alcohol while performing safety-sensitive jobi functions or while on-call to perform safety-sensitive jobi functions. If an on-call employee has consumed alcohol, he/she must acknowledge the use of alcohol at thet time that they are called to report for duty. Ift the on-call employee claims the abilityt to perform his or her safety- sensitive function, he or she must take an alcohol test with ar result ofl less than 0.02 prior to All covered employees are prohibited from consuming alcohol within four (4) hours prior to the All covered employees are prohibited from consuming alcoholt for eight (8) hours following involvement in an accident or until he or she submits tot the post-accident drug and alcoholi test, performance. performance ofs safety-sensitive, jobf functions. whichever comes first. Violation of these provisions is prohibited and punishable by termination. 5.4 Compliance with Testing Requirements All safety sensitive will be subject to urine drug testing and breath alcohol testing as ac condition ofe employment. Any safety-sensitive employee who refuses to comply with a request for testing shall be immediately removedi from duty, referred1 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 performing 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 the specimen collection process of falsifying test results through tampering, contamination, adulteration, or substitution will ber required to undergo an immediate observed second collection. Verification of these actions will result in the employee'si immediate removal from duty and their employment terminated. Refusal can include an 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 resultingi int thei inability to conduct thet test, failure to permit the observation or monitoring of provision of sample when required, ori failure tot take a second test when directed. Any person who has been given a conditional job offer subject to preemployment drug testing and leaves the testing site once testing has commenced shall be deemed to have refusedi thet test. Failure to undergo a medical examination ore evaluation directed by the Medical Review Officer (MRO) shall constitute a refusal of ap pre- employment test onlyi ift the pre-employment testi is conducted after a contingent offer of employment. Additionally, the following shall constitute at test refusal. 49 CFR, Part 40, Section 40.191 (a) (5) states: "As ane employee, you have refused1 to take a drug Failure to appear for any test (exceptap pre-employment test) within a reasonable time, Failure to remain att thet testing site until the testing process is complete Failure to provide as specimen for any drug test required Failure to provide an adequate amount ofs saliva or breath for any alcohol test testi ifyou: as determined by FACT. 6 FAGI Faygtte RANSFORIATON Area DRUG AND ALCOHOL POLICY Failure to undergo a medical examination or evaluation as directed by the MRO or DER asp part of the verification process, or as directed byt the Designated Employer Failure to 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 tot take a secondi test as directed byt the employer or collector MRO reports that you have a verified adulterated or substituted test result Failure to sign the certification at Step 2 oft the Alcohol Testing Form (ATF) Failure to provide a 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 when so directed by the collector, behave in: a confrontational way that disrupts the collection process, failure to wash hands after being directed by collector, fail to remove objects from mouth, failt to permit inspection oft the oral cavity, or fail to complete rinse Failure to followi the observers' instructions to raise your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine ify you have any type of prosthetic or other device that could be used to interfere with the Admitting the adulteration or substitution of a specimen tot the collector or MRO. Representative (DER) the collection process medical explanation for the failure. when requested); collection process. Failure to remain readily available following an accident. Drug tests can be performed anyt time a safety sensitive employee is on duty. An alcohol test can be performed whent the safety sensitive employee is actually performing a safety sensitive duty, just before, ori immediately after the performance ofa as safety sensitive duty. 5.5 Consequences of Refused or Failed Drug Test After FACT immediately receives notices from ar medical review office (MRO) or a consortium/third party administrator (C/TPA) that a covered employee has av verified positive drug test result, FACT will require that the covered employee to cease performing a safety- Ifa covered employee has a verified positive drug test result, or has a confirmed alcohol test of 0.04 or greater, or refuses to submit to a drug or alcohol test required by this part, FACT will advise the employee of 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 less than 0.02; or (2) The start oft the employee's next regularly scheduled duty period, but not less than eight hours sensitive function. following administration of the test. DOT SAP referral is prohibited. 7 FAC Fayebte DOADNATED TRAWSHDHIAIN Area DRUG AND ALCOHOL POLICY 5.7Treatment Requirements All employees are encouraged voluntarily to make use of the available resources for treatment for alcohol misuse and 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, empioyees may be required to undergo treatment for substance abuse or alcohol misuse. Any employee who refuses ori fails to comply with FACT's requirements fort treatment, after care, or return to duty shall be subject to termination. The cost of any treatment or rehabilitation services willl be paid for directly byt the employee or theiri insurance provider. Employees willl be allowed toi take accumulated sickl leave and vacation. leave to participate in the prescribed rehabilitation program. The provisions oft this paragraph applyto employees who voluntarily seek treatment prior to notification fora a drug or alcohol test. Any performance. employee with a positive test result willl be subject to termination. 5.8 Notifying the FACT of Criminal Drug Conviction Alle employees are required to notify FACTI in writing of his or her conviction for a violation of any criminal drug statute conviction or arrest for a violation occurring in the workplace within, five days afters such conviction. Failurei to comply with this provision shall result in disciplinaryaction, upt to andi including termination. 5.9 Proper Application of the Policy FACTI is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervsors/managers are required to use and apply all aspects of this policyi in an unbiased andi impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policyi in regardt to subordinates, shall be subject to disciplinary action, upt to andi includingt termination. 6.0TESTING PROCEDURES All safety-sensitive employees are: subject to drug and alcohol testing as a condition of employment in accordance with 490 CFR Part 655. All testing is conducted in accordance with 49 All: safety sensitive employees who voluntarily submiti to a rehabilitation program prior to testing positive on a drug or alcoholi test will be tested prior to returning to duty following completion of the Substance. Abuse Professional's recommendedi treatment program. Follow-up testing will also be conducted following return to duty for a period of one tot five years with at least six tests Those employees who perform: safety-sensitive functions as defined in this policy shall alsol be CFRI Part 40. performed during the first year. subject tot testing on a random, unannounced basis. 8 FACI Fayebte QOOROWIED TRANSFORIARON Area DRUG AND ALCOHOL POLICY Testing shalll be conducted in a manner to assure a high degree of accuracy and reliability and usingt 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 be tested for include marijuana metabolites, cocaine metabolites, amphetamines, opiates, and phencyclidine. Ani initial drug screen willl be conducted on each urine specimen. Fort those specimens that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed by an HHS-certified laboratory. The test will be considered positive ift the amounts present are above the minimum thresholds established in 49 CFR Part 40, as amended. Ini instances where there is a reasonto believe an employee is abusing a substance other than thet five drugs listed above, FACT reserves the right tot testi for additional drugs under FACT's own authority using standard aboratorytesting 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 (NHTSA)-approved testing device operated by at trained technician. Ifthe initial testi indicates an alcohol concentration of 0.02 or greater, as second test willl be performed byt thel Breath Alcohol Technician (BAT). The confirmatory test willl be performed using an NHTSA-approved evidential breath testing device (EBT) operated by a trained BAT.Asafety- sensitive employee who has confirmed. alcohol concentration of 0.02 or greater but less than 0.04 willl be immediately removed from his/her position for eight hours unless ar retest results in aconcentration measure of less than 0.02. Thei inability to perform safety-sensitive duties due toa an alcohol test result of 0.02 or greater but less than 0.04 will be considered: an unexcused miss out subject tol FACT's disciplinary procedures. An alcohol concentration of 0.04 or greater will be considered a positive alcohol testi in violation of this policy and a violation of the requirements set forthi in 49 CFRI Part 655 fors safety-sensitive employees. Any safety-sensitive employee that has a verified positive drug or confirmed alcohol test result witha a concentration of 0.04 or greater, or who refuses to submit to ai test, willl be removed immediately from his or her safety-sensitive function and be informed of educational and rehabilitation programs available andr referred to a Substance Abuse Professional (SAP) for assessment. Ap positive drug and/or alcohol test will also result ini termination. The cost ofa any treatment or rehabilitation services willl be paid directly by the employee. FACT affirms the 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 CFR Part 40 Section 40.67. FACT will notify the employee the reason for observed testing. the procedures put forthi in 490 CFR Part 40, as amended. collected using DOT/FTAt testing authority. 6.1 Employee Requested Testing Any safety-sensitive employee who questions the results of a verified positive required drugt test or refusal to test because of adulteration or substitution under paragraphs 6.2-6.8oft this policy may request that the split sample be tested. This test must be conducted on a split sample that was provided by the employee ati the same time as the original sample. FACT will seek reimbursement from the employee for all costs of such testing unless the result of the split sample test invalidates the result of the original test. The method of collecting, storing and 9 FAGI Fayebte Area RNABDT ANGORIAROW DRUG AND ALCOHOL POLICY testing the split sample will be consistent with the procedures set forthi in 49 CFRI Part 40, as amended. The employee'srequest for as split sample test must be made tot the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be acceptedi ift the delay was due to documentable facts that were beyond the control oft the employee. 62Pre-Employment Testing Alls safety-sensitive position applicants shall undergo urine drug testing immediately: following the offer of employment or1 transfer into a safety-sensitive position. Ifa any employee returns toa safety-sensitive position after having been removed from FACT'srandom selection pooli for 90 consecutive calendar days ori more regardless of reason, he/she must be pre-employment DOT drug tested. A verified negative result must be obtained by FACT prior to performing safety- lfapre-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 of a pre-employment drug test will disqualify an: applicant for employment fora a period of6r months. Evidence of the absence of drug dependency from a Substance Abuse Professional that meets with the approval of FACTa and a negative pre-employment drug test will be required prior tot further consideration for employment. The cost for the assessment and any subsequent A covered employee or applicant who has previously failed or refused a pre-employment drug and/or alcohol test must provide proof of having successfully completedar referral, evaluation sensitive work. result. treatment will 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 at fitness for dutye evaluation and urine and/or breath testing when there are reasonsi tol believe that drug or alcohol usei is adversely affecting job performance. Ar reasonable suspicion referral fort testing willl be made on thel bases of documented objective facts and circumstances, which are consistent with the short-term effects Examples of reasonable suspicion include, but are not limited 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 oft the manufacture, distribution, dispensing, possession or use of controlled substances, drugs, alcohol or other prohibited substançe. 3. Fights (to mean physical contact), assaults and 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 Fayebte COPONATED RANSPORIARW 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 alcohol testingi ift the observations are made during, just preceding, or just after the period of the workday when the covered employee is substance abuse ora alcohol misuse. performing safety-sensitive functions. 6.4 Post-Accident Testing All safety-sensitive employees will be required to undergo urine and breathi testingi ift theya are involved in an accident witha al FACT vehicle (regardless of whether or not the vehicle isi in revenue. service) that results in ai fatality. This includes any surviving safety-sensitive employee that was operating the vehicle and any other employee whose performance could have Inar non-fatal accident, drug and alcohol tests will be conducted as soon as practical on each covered employee operating the public transportation vehicle att the time oft the accident ifat contributed tot the accident. least one oft thet following conditions is met: Ani individual suffers bodilyi injury and immediately receives medical treatment away from thes scene oft the accident, andt the employee's performance cannot be completely discounted as a contributing factor to the accident; Avehicle (including a non-transit vehicle) incurs disabling damage as the result of the occurrence, in which the public transportation vehicle involvedi is al bus, electric bus, van, or automobile, andi is transported away from the scene by at tow truck or other vehicle, and the employee's performance cannot be completely discounted as ac contributing factor tot the accident; Following an accident, the: safety-sensitive employees will bei tested as soon as possible, but not to exceed eight hours for alcoholi testing and 32 hours for drug testing. Any safety sensitive employee involved in an accident must refrain from alcohol use for eight hours following the accident or untill he/she undergoes aj post-accident alcohol test. Any safety-sensitive employee who leaves the scene of the accident without justifiable explanation prior to submission to drug and alcohol testing will be considered to have refused the test and their employment terminated. Testing is stayed while employee assists in resolution of accident or receives medical caret following 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 will bes 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 alcoholi testing will be made using a scientifically valid method that ensures that each covered employee will have equal chance of beings selected on each draw. The random test willl be unannounced and conducted on: all days and at all times of the day when: safety-sensitive functions are performed. Once an employee is notified of selection of a random drug or random alcohol test, he/she 11 FACI Fayebte CORONATHD TRANSFORIATON Areg managemen/swperwson. DRUG AND ALCOHOL POLICY should proceed tot thet testing site immediately. There is no discretion on the parto of Testing rates will meet or exceedt the minimum annual percentage rate set eachy year byt the FTA Alcohol Testing: The employee shall onlyt 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 anyt time while the employee is at work for the administrator. Current rates are available of FTA's website: htrs/www.transporaton.oyodarclrandomitestinp-rates performing safety-sensitive functions. employer. 6.61 Retum-to-DutyTesting Alls safety-sensitive employees who previously voluntarily entered into al Rehabilitation Program as setf forth in Paragraph! 5.51 must test negative on a drug or alcohol test (below 0.02 for alcohol) onar return-to-duty test and! be evaluated and released to duty! byt the Substance Abuse Professional before returning to work. All testing is done in accordance with Part 40, Subpart 0. Return to duty testing aftera a DOT testing violation requires collectors to observe all return-to- duty specimen collections. 6.7 Follow-Up Testing Safety-sensitive empioyees who previously voluntarily entered into a prescribed rehabilitation program willl be required to undergo frequent, unannounced urine and/or breath testing following their return to duty. Thet follow-up testing will be performed for a period of onet tot five years with ar minimum of six tests to be performed thei first year.. Alli testing is donei in Follow-up testing after a DOT testing violation requires testing thati is conducted in accordance with the substance abusei follow-up testing plan. Collectors are to observe alli follow-up Follow-up testing alcohol testing is only permissible, just before, during or just after the actual accordance with Part 40, Subpart O. 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 21 mg/dL, but less than or equal to 5mg/dL. Dilute negative results with a creatinine level greater than or equal to 2mg/dL but! less than Smg/dL require an immediate recollection under direct observation. 12 FAGI Fayette COADFVTEDT RANSAORIATON Area 6.91 Information Disclosure DRUG AND ALCOHOL POLICY 1) FACT shall release information regarding a covered employee'st record as directed by specific, written consent from the employee authorizing release oft thei information to an 2) A covered employee is entitled, upon written request, to obtain copies of any records pertaining to his/her use of prohibited: substances, including any records pertaining to 3) FACT may disclose information that is required tol be maintained by the decision maker inal lawsuit, grievance or other proceedingi 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 ber made available to subsequent employers upon receipt of written 6) FACT: shall disclose datai fori its drug and alcohol testing program and any other information pertaining to its anti-drug program, when requested by the Secretary of Transportation or any DOT: agency with regulatory authority over the FACT System. 7) To be considered for employment, alls safety-sensitive applicants willl be asked to give consent to FACTf foral background check of the applicant's previous DOT covered employer over the past two years. The information requested willi include: a. Alcohol test results of 0.04 or higher alcohol concentration. identified person. test results. tested. alcohol tests following the accident investigation. request from the covered employee. b. Verified positive drug tests. results). Refusals to be tested (including verified adulterated or substituted drug test d. Other violations of DOT agency drug anda alcohol testing regulations. With respect to any employee who violated al DOT drug and alcohol regulation, documentation oft the employee'ssuccessiul. completion of DOT return-to-duty See attachments (pages 19: and 20) forf forms usedi fors safety sensitive positions. Pre- Employment Notification: and Acknowledgement Form and Previous Employer Release requirements (including follow-up tests). of Information Form. 7.0 EMPLOYMENT ASSESSMENT Anys safety-sensitive employee who tests positive for the presence of illegal drugs or alcohol abovei the minimum thresholds set forth in 49 CFR Part 40, as amended, willl be referred for evaluation by a Substance Abuse Professional (SAP). An SAPi is al licensed or certified physician, psychologist, social worker, employee assistance professional or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders. The SAP will evaluate each employee to determine what assistance the employee needsi in resolving problems associated with prohibited drug use or alcohol misuse. Any cost of All employees who test positive for the presence ofi illegal drugs or alcohol above the minimum treatment willl be paid solely by the employee. thresholds set forth above willl be terminated. 13 FAGI Fayette COR2NAIDT RANGPOHIANON Areg 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 and vacation leave to participate int the prescribed rehabilitation program. Voluntary requests fort treatment must be made prior to any pending drug/alcohol test or disciplinary: action. The cost of any treatment or rehabilitation services willl be paid directly by the employee or theiri insurance provider. 8.0RE-ENTRY CONTRACTS Employees who re-enter the workforce after voluntarily submitting to a rehabilitation program prior to testing positive on a drug or alcohol test must agree to a re-entry contract. That (1) Arelease to work: statement from the Substance Abuse Professional. (2) Anegative test for drugs and/or alcohol. (3) An agreement to unannounced frequent follow-up testing for a period of one to five years with at least six tests performed thet first year. (4) Astatement of work-related behaviors. (5) An agreement to follow specified after care requirements with the understanding that violation of the re-entry contracti is grounds for termination. contract mayi include (but is not limited to); 9.0 EMPLOYEE AND! SUPERVISOR TRAINING Alls safety sensitive employees will undergo a minimum of6 60 minutes of training on the signs ands symptoms of drug use including the effects and consequences of drug use inj personal health, safety, and the work environment. Thet training must alsoi include manifestations and Supervisors will alsor receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion1 training on 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 and symptoms and contemporaneous observations. 10.0 NEW HIRES AND TRANSFEREES INTO SAFETV-SENSITIVE POSITIONS All new hires and employees transferring to safety-sensitive positions are required to sign the Pre-Employment Notification and Acknowledgement Form". See page 191 for a copy of the Allr new hires and employees transferring to safety-sensitive positions who have worked in a behavioral cuest that mayi indicate prohibited drug use. probable alcohol misuse. form. 14 FACI Fayette COORONATED RANSORIARW Area DRUG AND ALCOHOL POLICY safety-sensitive position fora a DOT-Regulated companyi int the past two years are required to sign a release titled' "Previous Employer Release of 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 on the form, the Operations Manager willf follow-up with the previous employer(s). The good-faith efforts will be This procedure must be completed in 30-days. Ift the procedure is not completed in 30-days, the this form.) documented and placed intot the respective employee file. employee will not bey permitted to perform safety-sensitive functions. 11.0SYSTEM INFORMATION Any questions regarding this policy or any other aspect of the drug free and alcohol-free transit program should contact the 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 Technician A, B,CandD 15 FAGI Fayette Area CORDNAD TRAASPORTARN DRUG AND ALCOHOL POLICY REASONABLE SUSPICION TRAINING CERTIFICATE oPeNnTRAIN CERTIFICATE THIS CERTIFIES THAT dyBuadgar has successfully completed the course Reasonable Suspicion Decision Making pA3 PENNTRAIN CHAIR 94 PROGRAM DIRECTOR OCTOBER 26, 2023 DATE 16 FACI Fayette DORNATED RAWSADHATON Area DRUG AND ALCOHOL POLICY POST-ACCIDENT DRUG AND ALCOHOL DECISION MAKING, SCENARIOS, AND REGULATORY REQUIREMENTS oPeNnTRAIN CERTIFICATE THIS CERTIFIES THAT Ydl Bradigan has successfully completed the course Post-Accident Drug and. Alcohol Decision Making, Scenarios, and Regulatory Requirements yA3 PENNTRAIN CHAIR 4K PROGRAM DIRECTOR OCTOBER 26, 2023 DATE 17 FACI Fayebte Areg CAOMAED TRANGFOHIANON DRUG AND ALCOHOL POLICY PRE-EMPLOYMENT NOTIFICATION AND ACKNOWIEDGEMENT FORM FACI Fayette Areg Pre-Employment Notification andA Acknowledgement! Form Pre-Employment Notification &A Acknovledgement Iunderstand: anda acknowiedge thatI Iwillb ber requiredt tor undergoa aurine drugt test undert the anthority ofihe U.S. Departmeni of" Transportation (DOT). Federal" l'ransit Administration (FTA)priort tol being! hired orD transferredi intoa asafcty-sensitive position: as definedi in CFR! Part 655'.I understand andu ucknowledget that Twill not be assigned top perform as safety-sensitive function mlcss my urinc drug testh has: a verifiedn negative result. (Print Name) (Signature) (Date) Have yout tested positive, orr refused to test, ona any DOT pre-employment drug or alcoholt test administered1 by ane employer tov which yous applicdi for, buto didr not obtain, as safety-sensitive positioni int thep past two years?1 Please circle your response below: YES NO Ifyou: answered YES. can youj provide documentationt thaty yous successfully completed the DOT return-to-d -duly requiremenis describedi in 490 CFR Part 40, Subpario? Pleasc circle yourr response below: YES NO (Print Name) (Signuture) (Date) Asifiysnitief functin. dsribadin-9C Pan.sssSakm6ss. includes. (hupumngar srecunuss arvi (2)upenainyn mes sicey chicke, whnr rayindw upenaulbya CDLI Gcwlulling dipaick urmocmen vchiclv. S)aming aintaring including repaics, orhaale endrebaildng)an firamforse socuriy puposes. 18 FACI Area Faygtte TRANSPORTATOY DRUG AND ALCOHOL POLICY PREVIOUS EMPLOYER RELEASE OF INFORMATION FORM FACT Fayette Areg Previous Employer Release ofl Information! Form Release ofI Informationl Furm -49CFRI Part4 40I Druga and Alcohol Testing Section :: Tohec completed by then neve emploper undsignedb by the empleyee, and trunsmitted! lothe Ihercby auuoriver relcase ofinfonnation from ty DOT-regulaied druga anda alcohol lcslingr rcords by uy previous enployer, listedins Section I-Riothee employer) lisiedi in. Sectionl 14.1 Tlisr releasei isina accordancev with DOT prevlous emplayer. Employccl Namc: Regilation 490 CFRF Part 40. section- 40.25. Employee Signature I-A: Ncw Employer None: Designated Employer Representalivc: Address:, Phone# #: 1-B: Previous! Employer Nannc: DesignutedE Euplaycri Represcniativc:. Address:, Phonc #: H-A: SSAD Number: Date Fax#: Fax#: Section I:7 Tober completed by thep prerious employer andt transminedtot ther new emplajer. luthe lwos yoarsp priori tot the datco oftice employee'ssignature' (ins Soctionl 1), for DOT-regalanediesing 1. Did thee employcei lunves alcoho!t tesisy withar rosull of0,04 orl higher? 2, Didt thec employcel hares verificd positived drugt tosts? Didu thec cimploycer refsc tobei lested? Didn thec cimploycel luvec othcry violationso OFDOT: agency drugs ands alcohol testingr regulaions? Didapreviouso ciployerr reporta adrug: anda alcaholn rules violationt 105 you? Yes7 No_ Ifyoua ansuered -Yes" loa anyo ofthca abovei iteins. didd dicc cmploycc complctc the retriod duly process? Persomproviding' informution ins Section! 1-A: Ycs No Ves_ Nu_ Ves_ No_ Y_No Ves_ II-B: Name: Phonc #: Tide: Datc: 19 FACI Faygtte TRANSADAIARON 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 Fayebte Area GOOADMNATED TRANSPDATATON FAYETTE AREA COORDINATED TRANSPORTATION PUBLIC TRANSPORTATION AGENCY SAFETY PLAN 825 Airport Road Lemont Furnace, PA 15456 NOVEMBER 12, 2024 hidPDath SIGNATIRE OFI EXECUTIVE DIRECTOR SIGNATURE OF ACCOUNTABLE EXECUTIVE FACI Fayette COCAINATED TFANSPORTANOV Area Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan - November. 12, 2024 CONTENTS 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 Responsibiities. 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. 6.3 Safety Risk Mitigation 7. Safety Assurance. 8. Safety Promotion. 2. Plan Development, Approval, and Updates. 2.2 Signature by the Accountable Executive and Approval by the Board. 10 10 12 12 12 13 13 14 14 15 15 15 16 16 17 18 18 20 22 4. Overview of the Agency's Safety Management Systems (SMS). 7.1 Safety Performance Monitoring and Measurement. Page 2 of28 FACI Fayetbe Area COORONATED TRANSPORTATON 8.1Safety Communication. Documentation. Fayette Area Coordinated Transportation Public Transportation Agency Plan - November. 12, 2024 Safety 22 23 24 25 26 27 27 28 9. Attachment A- Plan Certification. and Approval. Attachment C-H History of Updates. Attachment D - Signed Policies and Procedures. FACT Safety Policy Statement. FACTSafety Reporting Policy. Attachment B- -2 2024 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 of28 FACI Fayetbe Area QORMNATED RANSPORTATNY 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 Public Transportation. Agency Safety Plan of an Agency; responsibility for carrying out the Agency's Transit 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. S 5329(d), and the Agency's Transit Asset Management Plan in accordance with 49 U.5.C.55 5326. 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 withi intent to endanger the safety of anyi individual, or withareckless disregard fort thes safety of human life, interferes with, disables, or incapacitates ai transit worker whilet the transit worker is performing the duties oft thei 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 directly to atransit agency's chief executive officer, seneralmanser.preien, or equivalent officer. A Chief Safety Officer may not serve in other operational or maintenance capacities, unless the Chief Safety Officer is employedi by a transit agency that is a small public transportation provider as definedi int this part, or a public transportation provider that does not operate ar rail fixed guideway Fayette County Board of Commissioners. and Human Services. publict 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.5 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 of a State has declared an emergency and the Secretary has concurred; or the President has declared a major disaster under section 401 of the RobertT. Stafford Disaster Relief and Emergency. Assistance Act (42U.S.C.5170). Equivalent Entity means an entity that carries out duties similar tot that ofa 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 or subrecipient's Public Transportation. Agency Safety Plan. FACTmeans Fayette Area Coordinated Transportation FTA means the Federal Transit Administration, an operating administration within the United States Department of Transportation. Page 4 of 28 FACIS Fayebte COORDNNATED TRAASPORTATON 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 medical attention Investigation means the process of determining the causal and contributing factors ofas safety event Joint labor-Management process means af formal approach to discussi topics affecting transit workers Large Urbanized Area Provider means a recipient or subrecipient of financial assistance under 49 U.S.C. 5307 that serves an urban area with a population of 200,000 or more as determined by the environment. away from the scene. or hazard, for the purpose of preventing recurrence and mitigating safety risk. and the public transportation: system. most 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 assistance under 49 U.S.C. Chapter 53. Operator of a Public Transportation System means a provider of publictransportation. Near-Miss means a narrowly avoided safety 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 ofal hazard. Public Transportation means, as defined under 49 U.S.C.5 5302, regular, continuing shared-ride. surface transportation services that are open tot the general public or open to a segment of the general public 1) Intercity passenger rail transportation provided by the entity described in 49 U.S.C. defined by age, disability, or lowi income; and does noti include: chapter 243 (ora 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 5 of28 FACI Fayette CORCNATED TRANSPDHTARON 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 plan for al Transit Agency that is required by 49 U.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 and effectiveness of safety risk mitigation, and to ensurei that the Transit Agency meets or exceeds its safety objectives through the collection, analysis, and Safety Committee means the formal joint abor-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 ofa Transit Agency's safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing hazards and safety risk. Safety Management System (SMS) Executive means a Chief Safety Officer or an equivalent. Safety Performance Target (SPTI means a quantifiable level of performance or condition, expressed as a value for the measure, related to safety management activities, to be achieved withina a specified Safety Promotion means a combination of training and communication of safety information to SafetyRisk means the composite of predicted severity and likelihood of a potential consequence ofa Safety Risk Assessment (SRAI means the formal activity whereby the Transit Agency determines Safety Risk Management priorities by establishing the significance or value ofi its safety risk. Safety Risk Management (SRM) means ap process within the Transit Agency's Public Transportation Agency Safety Plan for identifying hazards and analyzing, assessing, and mitigating the safety risk of assessment of information. that is required by 49 U.S.C. 5329. the environment. management of safety. time period. support SMS as applied tot the Transit Agency's public transportation system. hazard. their potential consequences. SEIU means! Service Employees International Union. Page 6 of28 FACI Fayebte COHMVATE RANSPOHIATN 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 bya al large, urbanized area provider under 49 U.S.C. 53071 to safety-related projects eligible under 49U.S.C.5 5307. Small Public Transportation Provider means ar recipient or subrecipient of Federali financial assistance under 49 U.S.C. 5307 that has one hundred (100) or fewer vehicles inj 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 of the United States, the District of Columbia, Puerto Rico, the Northern Mariana State of Good Repair means the condition in which a capital asset is ablet to operate at ai fulll level of State Safety Oversight Agency means an agency established by a Statet that meets the requirements and performs the functions specified by 49 U.S.C.5 5329(e) and (k) and the regulations set forth in 49 Subrecipient means an entity that receives Federal transit grant funds indirectly through a State ora Transit Agency means an operator ofap publictransportation: system thati isar recipient ors subrecipient Transit Asset Management Planr means the strategic and systematic practice ofp 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-errective, and reliable public transportation, as required by 49 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 more1 that has been definedand designatedi int the most recent decennial census as anurban likelihood ofa potential consequence ofa hazard. guideway public transportation system. Islands, Guam, American Samoa, and 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. area byt the Secretary of Commerce. U.S.C. means United States Code. VRM 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,: school bus and charter services. Page 7 of28 FACI Fayette QOAGNATED TPANSPDRIATON Area Fayette Area Coordinated Transportation Public Tronsportation Agency: Safety Plan - November. 12, 2024 1. TRANSIT AGENCY INFORMATION Fayette. Area cordn.tedTamportaton 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. FACTdoes 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. ofa another entity. Sundays. The Agency's service 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 uitimate responsibility for carrying out the Public Transportation AgencySafety! Plan (PTASP), responsibility for carrying out FACT'sTransit, Asset Management Plan, and control and direction over the human and capital resources needed to develop and maintain bothFACT'SPTASP, ina accordance with 49 U.S.C.55329(d),: 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 to the Accountable Executive. The CSOi is adequately trained and has responsibility for safety andi reports directly to the FACT's chief executive officer. The CSO has a strong working relationship with the operations and the FACT is not a large, urbanized area provider; however, it has established al labor-management safety committee that is actively involvedi in safety and security initiatives for the Agency. The committee isl led byt the Operations Manager (CSO) and comprised of thet following front-line employees: 2 Operators, 1 Maintenance Technician, 1 Dispatcher and: 1 Scheduler. Ini addition, managemen/swpersony members include the Operations Manager, Transportation Manager Plan, in accordance with 49 U.S.C. $5326. always rests with the Executive Director, 1.2 CHIEF SAFETY OFFICER asset management functions at FACT. 1.3 SAFETY COMMITTEE Page 8 of28 FACI Fayebte COORNNATED TRANSPORTAIRN Area Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November. 12, 2024 and Maintenance! Supervisor. Four of the eight committee members are represented by the Service Employees International Union (SEIU). The committee participated ini 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. PLAN 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 the 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 CFR Part 673.11 (a)(1), this PTASP ands subsequent updates must be signed by the Accountable Executive: anda approved by Fayette County Board of Commissioners (See Attachment Pursuant to 49CFRE Parts673.13(a) ande 673.13(b), FACTO certifies thati it 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. FACTV will certify that it has established this PTASP fulfilling the FTA annually amends and issues a 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 Part 673 undergoes significant changes, or annually, whichever comes sooner. As FACT collects data through its Safety Risk Management and Safety Assurance processes, the Agency will evaluate its safety performance targets (SPTs) to determine whether they needto be FACT will review and update its safety plan eachy year in December. The annual process willl be a 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 BY THE ACCOUNTABLE EXECUTIVE AND. APPROVAL BY1 THE BOARD A). 2.3 CERTIFICATION OF COMPLIANCE requirements under Part 673. Certifications willl be attached to the PTASP. guidance for incorporation into the safety program as necessary. 2.4P PLAN REVIEW AND UPDATES changed, as well. when it: Page 9of28 FACT Fayette Areg CORCNATEDT TFANSPOHIAIRN 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 PERFORMANCE TARGETS 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, Collisioni Rate, Pedestrian Collision Rate, Vehicular Collision Rate, Fatalities, Fatalities Rate, Transit WorkerFatalities Rate, Injuries, Injury Rate, Assault on Transit' Workers, Assault ofTransit Workers Rate, (3) Safety Events and System Reliability. These targets were developed in cooperation with thej joint abor-management safety committee. This committee also determined that additional FTAr requires the Agencyt to coordinate with PennDOT: andt thel Metropolitan Planning Organization (MPO) to the maximum extent practicable. Pursuant to 490 CFR Part 673.15(a), FACT will annually transmit safety performance targets available to PennDOT and Metropolitan Planning FACT tracks injuries and safety issues and has monitored, reported and adjusted performance targets accordingly. FACT will adjust measures annually andI believes that these are good targets metrics were not needed at1 this time. Organizations to aid int the planning process upon certification oft this plan. according to past data. Table 1: Calendar Year 2025 Safety! Performance Targets CALENDAR YEAR 2025 SAFETY PERFORMANCETARGETS 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 FACID Fayette CODAGNA7ED TRANSFORTARON 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 100,000 VRM) 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 Fatality is "A death or suicide confirmed" within 30 days of ar reported event. Does not include deaths in or on transit property that are a result of illness or other natural causes." Injury for non-rail modes is' "any damage or harm to persons as ar 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, in ai transit revenue facility, ini a transit maintenance facility,or involving a transit revenue vehicle andi meeting established NTD thresholds." Reportable Major Event ist reportable event is one that meets any NTD reporting threshold eOccurs at at transit revenue facility, maintenance facility, or raily yard; -Occurs on transit right-of-way or infrastructure (the underlying framework or structures that support: a public transportation system); Occurs during a transit-related maintenance activity; or requires immediate medical attention away from thes scene." (see Safet and Security Reference Chart). and einvolves at transit revenue vehicle. Major Mechanical System Failure is' "a failure of some mechanical element of the revenue vehicle that prevents the vehicle from completing a scheduled revenue trip or from: starting the next scheduled revenue trip because actual movement is limited or because ofs safety Assaults on Transit Workers is "a circumstance in which an individual knowingly, without lawful authority or permission, and withi intent to endanger the safety of anyi individual, or withare reckless disregard for the safety of human life, interferes with, disables, or incapacitates at transit worker while thet transit worker is performing the duties oft thei transit Appendix. A contains 20241 NTD: Safety & Security Quick Reference Guide - Non-Rail. Mode Targetss submittedtothe! Pennsylvania Department ofTransportation, Bureaud ofPublicTransit Targets submitted to Southwestern Pennsylvania Planning Commission (SPC) 11/13/2024. concerns." worker. Reporting on1 11/13/2024. Page 11 of28 FAC Fayette COORGNATED TFAASPOHIATON Area Fayette. Area Coordinated Transportation Public Transportation Agency Safety Plan - November. 12, 2024 4. OVERVIEW OF THE. AGENCY's SAFETYMANAGEMENT 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 safetyacountabilites 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 of the system's 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 and sets forthi 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 providing safe and reliable public transportation services tot the communities it services as well 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 12of28 FACI Fayette Area CORDNVATEDT TRANSPORIATON 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 FACT to effectively manage andi mitigate its safety risks. Objectives include: Identification and mitigation of safety hazards andi risks Effective communication of safety policies and procedures Promote and enhance safety culture Maintain an acceptable level of safety Foster a culture to report all safety hazards Establish and monitor performance targets labor-management safety committee actively involved in workplace safety Alle empioyees and contractors are accountable fora a safe work environment Annual review and update of Public Transportation Agency Safety Plan in cooperation with FACT's abor-management safety committee 5.2SAFETY 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 to report safety concerns. Reporting safety concerns fosters a safety culture. Safety concerns include hazards and potential consequences of hazards. Examples ofs 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 whyas 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 bradranenslayetects: Robin Snyder, Transportation Manager by telephone (724-628-7433 extension 408) snyderehsfoyeteora: or Rudy P. Dutko, Executive Director by telephone (724-628-7433, This Safety Reporting Programi isi ina additionto1 the requirements tor report accidents andi incidents. The safety concerns identified ini this program are documented in the 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: rdwtkoehsfayetteorg- laws, regulations, policies and/or procedures. Page 13 of28 FACI Fayetbe Area COORONNAIED TRANSAORTATRNN 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 directionoverthel human and capitalr resources needed to develop and maintain both FACT's PTASP, in accordance with 49 U.S.C. 5329/d), 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). and 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; instilling 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 risk mitigations toi improve safety performance andi metrics; identifying: safetyriskn mitigations that may be ineffective, inappropriate, or were noti implemented as intended; and, identifyings safety All Employees are responsible for safety and adherence to all rules, regulations, policies, address the safety concern. 5.4SMS AUTHORITIES, ACCOUNTABILTIES, AND! RESPONSIBILITIES foraneffective 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 specific 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 actioni is1 taken, as necessary, to address substandard performance inthe Page 14 of28 FACI Fayebte Area CARINNA7ED RANSAOHTANON 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 and responsibility for day-to-day implementation: and operation of FACT's SMS. The Chief Safety Officer- holds a direct line of reporting to the Accountable The CSO is adequatelyt trained and has responsibility for safety and reports directly to the FACT's chiefe executive officer. The CSO has a strong working relationship withi the operations 5.4.2 CHIEF SAFETY OFFICER Executive. and the asset management functions at FACT. Chief Safety Officer's Roles include: and capital investments; Recommends resources (e.g. people andi funds) to 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 AGENCY 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. In addition to facilitating quarterly PTASP safety committee meetings, the Executive Director and Operations Manager participates inl bi-monthly Fayette County safety committee meetings. This committee reviews safetyi issues and concerns andi identifies solutions. Actively participate in the review of FACT's PTASP and updates Address safety concerns brought to 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 to prevent ar repeated occurrence of an unsafe Participate in: setting FACT's annual safety performance targets for the safety risk reduction Identifying and recommending safety risk mitigations to improve safety pertormance and Identifying safety risk mitigations that may be ineffective, inappropriate, or were not implemented asi intended Page 15 of28 FACI Fayebbe GOORONATED TRANSPOHTATON 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) Thes second component oft thel FACT's! SMSi is Safety Riski Management (SRM), whichi includes processes fori identification, analysis, and mitigation of safety hazards. FACT has implemented an SMS process for all elements ofi its transportation system. The SMS process is comprised of thei following activities: safety hazard identification, safety risk assessment, and safety risk mitigation. 6.1 SAFETY HAZARD IDENTIFICATION FACT uses multiple methods to identify safety hazards and each method is documented and summarized in the Safety Hazard Summary Log (Table 3). A hazard is defined under $6 673.5, as any real or potential condition that can cause injury, illness, or death; damage to or loss oft the facilities, equipment, rolling stock, ori infrastructure ofap public transportation system; or damage The Safety Committees along with all staff have the task of identifying safety hazards. All employees are expected to identify and report. FACT also reviews data and information provided byP 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 to Dispatcher Walk-through inspections Customer Complaints and Calls Vehicle Inspections Preventative Maintenance Review of performance data and targets Maintenance reports, audits andi inspections Pre and post trip 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 Fayette ARONATED TPAASPORIATON 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 thel likelihood and: severity of the consequences of thel 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 hazards identified through pre and post tripi inspections, vehicle inspections and preventative maintenance. Assessment oversight is provided by the CSO. Safety hazards willl be evaluated based on probability of occurrence and: severity of hazards. consequences using the matrix below. Table 2:F Risk Assessment Matrix Risk. Assessment Matrix Severity 2 Critical High High, Medium Medium Low Likelihood A Frequent B Probable C Occasional D Remote E Improbable Severity 1 Catastrophic High High Medium Medium 3 Marginal Hgh Medium Medium Low Low 4 Negligible Medium Medium Low Low Low Catastrophic- resulting in multiple deaths, permanent disability, significant environmental Critical resulting inac death, partial disability, injuries thatr resulti in! hospitalization, major Marginal- resultingi in ani injury resulting in al lost workday, moderate environmental impact, Neglgble-resulting ina a minor injury, minor environmental impact, or minor monetary! loss Frequent Likely ore expected to occur often orr multiple times throughouta a year Probable- Strong possibility to occur at least once or1 twicei ina ay year Occasional- likelyt to occur at least once between: 1 and! 5y years Remote Unlikely to occur but possible Improbable So unlikely it can be assumed ity won'toccur Yellow- Acceptable, but monitoring is needed Green-A Acceptable under existing conditions impact, or significant monetary! loss environmental impact, or major monetary! loss orr moderate monetary loss Likelihood Safety Risk Level Page 17 of28 FACI Fayette Area CORSVATED TRANSPOTATON Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan - November: 12, 2024 When as safety hazard isi identified, the CSOi is notified and willi include subject matter experts, as needed. When feasible, corrective actions are immediately initiated to eliminate or mitigate the hazard. Safety! hazards that are significant (medium and high severity) and/or need more time to investigate will result 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 ofthemitigations areb based ont the risk assessment fore eachhazard.Medium: andh highratedsafety Anyi identified hazard that poses a real andi immediate threat tol life, property or the environment Safety risk mitigations are identified to reduce the likelihood and severity of the potential consequences of hazards assessed during the safety risk assessment process. A single safety risk mitigation does not have to address both likelihood and severity of the potential consequences Ing general, mitigation of safety risks is primarily the responsibility of the subject matter expert and/or CSO. Fore example, a vehicle safety riski 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 eliminate the hazard. The CSO works with operational staff to 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 tot the lowest practical level. Thei ideal solution ist to eliminate the hazard through design whenever possible. When al hazard cannot be eliminated actions willl be taken to reduce the risk. Actions may include: design to minimize risk, safety devices and equipment, warning devices, new procedures, new processes and/ortraining. hazards are discussed at FACT's safety meetings. requires immediate notification to the Accountable Executive. 6.3 SAFETY RISK MITIGATION of hazards. 7. SAFETY ASSURANCE The third component of FACT's SMS is Safety Assurance, which ensures the performance 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 andj 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 ofi its SMS. Monitoring includes operations and maintenance protocols and procedures, and any safety risk mitigations, to ensure that it is implementing them as planned. Furthermore, investigation will be conducted of safety events and any 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 the employee safety reporting program. Page 18 of 28 FACI Fayette Area QADN47ED RANSADAVARN Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan- November 12, 2024 Alli incidents are monitored to ensure compliance with procedures. Safety risk mitigations are reviewed to ensure the appropriate actions were taken. FACT examines all incidents to determine the best course of 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 andi maintenance: Accident, Incident and Injury Reports appropriateness Walk-through inspection Pre and posttripi inspections Vehicle Inspections Preventative Maintenance Refresher Training Hazard Log Summary Review. safety risk mitigations for proper implementation to ensure effectiveness and Safety hazards includingt those identified int the employee safety reporting program and FTAand other oversight authorities with the associated actions are documented and summarized in a hazard log. Table 3 provides an example oft the summary log. Table: 3: Safety Hazard! Summary Log Safety Hazard Summarylog Existing Risk Mitigation Date Hazard Risk Assessment Further Mitigation Measures Actions by: and when Page 19 of28 FACI Fayette Area COORONATED TRAASPOHTATON 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. safety policies and procedures. Thei investigation includes thet following: Investigate, interview and collect data and information Identify all causes Identification of causal factors Organizational factors safety event Equipment andi infrastructure factors contributedi to the safety event Environmental 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 which the transit agency is operating, where 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 Safetyr meetings include a variety of topics including review of safety hazards, accidents, incidents as procedures and effectiveness of safety risk mitigations. well as prioritization, status ande effectiveness of mitigation efforts. 7.1 SAFETY PERFORMANCE MONITORING AND MEASUREMENT Safety performance monitoring and measurement tasks include: Monitor the system for compliance with procedures for operations and maintenance; Page 20 of28 FACI Fayette Area COOADW47ED RAASAORIATAY Fayette. Area Coordinated Transportation Public Transportation Agency Safety Plan - November. 12, 2024 Monitor operations toi identify any safety risk mitigations that may bei ineffective, inappropriate, or were not implemented asi intended; Conduct investigations of safetye 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 and1 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 abor-management safety committee. This committee Inc cooperation with FACT's safety committee, we have established the following goals and objectives to foster a safety culture and promote the PTASP. Each year, FACT will revise its goals, objectives and safety performance indicators based on 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 Vear 2025 Goals, Objectives and! Safety Performance Indicators Calendar Year 2025 Goals, Objectives and Safety Performance Indicator Goals/Objectives Safety Performance Indicator Develop a program to encourage employees to report hazards suchas 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 Fostera as safety culture where everyone takes an active role in transit safety by increasing employee reporting of safety Raise awareness of FACT's staff of SMS principles and throughi training and information initiatives. Promote. safety hazards. In the event of a fatality, FACT must comply with all FTA drug and alcohol requirements and 75 Pa. C.S. Section 4704. Pursuant tot the Commonwealth: statute, int the event a motor carriervehicle or mass transit vehicle is involved in an accident that causes the death oft 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 of2 28 FACI Fayebte Area COORONATED RANSPOHIATON 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 thet fax number is: 412.820.2607. 8. SAFETY PROMOTION Thei fourth component of FACT's SMS is Safety Promotion, which requires a combination of training and communication of safetyi informationt to employees to enhance safety performance. FACT established competencies and training for all FACT personnel directly responsible for safety, andt to establish andi maintain the means for communicating safety performance and safety management information. This 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; and emergentypreparednes. 8.1 SAFETY COMMUNICATION FACT communicates safety and safety performance information throughout their organizations using a variety of methods. Thei 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 employeesafetyr reporting, program. Typical methods of communication include: Safety meetings Safety 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 FAC Fayette Area COOAGMATED RANSAORIATON 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 developed in accordance with this policy and FTA requirements. FTA expects a Transit Agency to maintain documents that seti forthi its Public Transportation Agency Safety Plan, including those related to the implementation of its SMS such as the results from SMS processes and activities. For the purpose of reviews, investigations, audits, or other purposes, this section requires the Transit Agency to make these documents available to PennDOT, FTA, and other Federal agencies as appropriate. The Agency shall maintain these documents fora a minimum of1 three years. Page 23 of28 FACI Fayette Area COOROANATED TRAASPORTATON Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan - November 12, 2024 ATTACHMENT A-PLAN CERTIFICATION AND APPROVAL Fayette County Board of Commissioners: Chairman Vice-Chair Secretary Date Date Date Date Attest: County Chief Clerk Page 24 of28 FACI Fayebte Area GOORCN47ED TRA/SPORTATOV Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan- - November. 2024 12, ATTACHMENT B-20241 NTD: SAFETY AND SECURITY QUICK REFERENCE GUIDE 2024 NTD: Safety & Security Quick Reference Guide - Non-Rail Mode Reporting Reportable Event: Asafety ors securitye event occurring ont transit right-of-wayd orii infrastructure, ata transit revenue facility, atar maintenance facility, duringat transitr related maintenance activity, ori involvinga transit revenue vehidle. Excludedfrom thise event-r reporbing requiremente ore:e events thato occur offt transit, property where affected persons, vehicles, or objects come tor resto ont transit! property afrer thee event, OSHA events ina administrative buildings, deaths that orearesult of #Iness ord otherr naturald couses, other events (assault, robbery, non-t transity vehicle colllsions, etc.)occurringe atb buss stops ors shelterst thata are noto ont transit- owned property (unless boarding/olighting at thet time), collisionst thatoccurs while traveling toorfrom at transit- relatedn maintenanced actiwy, collisions nvolvingas supervisor car, oro other tronsits service vehicle operating onp public roads. Ane eventr meetingt ther reportable evento definition/ ANDr meeting Assaultonat transit workerv withr noi injury, Other Safety Afatality confirmed within 30days! lindudingsuicide) ARE NOTa aresulto ofac collision, deraliment, evacuation, major Ani injuryr requiringt transportawayf fromt thes scene for securitye event, hazmat spill, ActofGod; andr non-majort fire. Estimated property damagee equalt toore exceeding $25,000 Intenttoe endanger thes safetyo ofa anyindividual Collisions involvingt transitr roadwayr revenue vehicles that Other Safety Occurrençe! Not Otherwise Classified (OSONOC): require towing: away ofatransitr roadways vehicle or other Singlei injurye eventr requiringt transporta away from the S8S-40 Major Event Report MAJORT THRESHOLDS oneorn more ofthef followingr reportingt thresholds: medicala attention forc onec orr more persons (partial exceptionint thec cased ofOther Safety Events) Ane evacuation forl lifes safety reasons non-transitr roadway vehicle duet rodisablingdamage. Reports ared duev within 30d dayso of thec date oft thee event. EVENT TYPES Safety Events Collision( (includings suicide/attempted: suicide/assault Involvingt transitvehicle contact) Fire Hazardous materials spill (requires specialized cean-up) Acts ofG God (nature) Other Safety Occurrences Not Otherwise Classlfied (two Injury duet to: injuries and/ora another threshold) o Miscellaneous eventst thatn meeta at threshold System Security Events Arson Bombt threat/bombing Burglary/ Vandalism Chmca/obogal/radooga/nucerreeue Cyber: securitye event Hijacking Sabotage Suspicious package Other securitye event (shots fired, piojectiles, etc.) Personals Security Events Assault! (not transity vehicle contact) Homicide (not transit vehide contact) Suicidec or Attempted! Suicide (not transitvehicle contact) Fire: Robbery larceny/theft Motor vehicle theft Rape Other personal security events (e.E. perpetrator tased) SES-SO Non-Major Monthly Summary NON-MAJOR1 THRESHOLDS Incident Injuries meetingt the reportable evento definition that Non- MajorA Asseults onT Transit Workers: Non-injury( (not transport), Withr reckless disregard fort thes safety ofhuman! life. scene forn medicala attention. Fire: Requireds suppression! bute does notr meeta ar majori incident reportingt threshold. Reportsd due! by thee end oft thef followingm month EVENT1 TYPES/EXAMPLES Non-Major Assaults onl Transit Workers Verbala assault/harassment Spittingors striking Interference witht transit worker's duties Other Safety Occurrencel Not Otherwise Classified (OSONOC): Slip/Trip Fall Including personr makingo contact witha ar non-moving transitvehicle Excludingi individualsi injureda at buss stops unless boardingor allghtingf froma transitv vehicle att thet time ofti thes event Injury tor maintenance worker Boarding/alighting Abrupto or evasive transit vehicler maneuvers Mobility device (e.E, whelchallsecurement issues Suinyelvatoescalhtor. injury Excludesi individuals transportedf forr mentalh health evaluation unrelated toar reportable event duet to declarations ofself- harm, solely fori intoxication, or drugo overdose. Requireds suppression! but nomajor thresholdis met. o Smalli firec onint transits station > Smalle enginef fire ont transitvehicle Page 25 of28 FACI Fayette Area COOAINAYED TRANSPUHTARN Fayette Area Coordinated Transportation Public Transportation Agency: Safety Plan - November. 12, 2024 ATTACHMENT C-H 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 safety management policy, updating safety 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 Fayetbe Area GOOADNATED TRANS-OHAIDN Fayette. Area Coordinated Transportation Public Transportation Agency. Safety Plan - November 12, 2024 ATTACHMENT D -S SIGNED POLICIES ANDI PROCEDURES FACT SAFEIYPOWCTSTATEMENT FACV FaygttsAres Foyette Area Coordinated Transportotion Safety Policy Statement SAFETYPOUCY/STATEMENT Safetyisac corevalue ofFayette Area Coordinated1 Transportation (FACT).F FACTIS committedt top providing safe and reliable public transportation services to the communities it services as well as a safe environmenti fori itsemplayees, contractors, customers andt the generalp public. Thisc commitmentincludes the. allocation of suffiçient financial and personnel resources as well as structures, roles and responsibilities to effectively manage safety risks using the principles of Safety Management: System (SM5). FACT fosters safe practices ande enables effective employee safety reporting and communication. Implementing: and continuously improving SMS wille enable FACT to effectively manage and mitigatei its safety risks. Objectivesi include: Identification: and mitigation ofs safety! hazards andr risks Effective communication ofs safety policies andp procedures Promote ande enhances safety culture Maintain ana acceptablel level of safety Fosterac culturet tor reporta alls safety hazards Establisha andr monitor performancet targets labor-management: safety committee labor-management: safety committee: activelyi involvedi inv workplace safety Alle employees ando contractors: area accountablet fora safev work environment Annualreview: andu update ofPublic" Transportation/ Agency SafetyP Plani inc coogerationwithFACTS Bdy PDutk mslat Rudy P. Prhko, Executive Director Fayette Area Coordinated Transportation Page 27 of28 FACV Fayebbe Area COOADNATED TRAASPDRTARN Fayette Area Coordinated Transportation Public Transportation Agency Safety Plan November. 12, 2024 FACTSAFETYREPORTINGPOuCY FACV Fayebbe Areg Fayette Area Coordinated! Transportation Employee: Safety Reporting Program EMPLOYEE SAFETY REPORTING PROGRAM Employeeso ofFayette Areal Coordinated1 Transportation (FACT)a ares strongly encouraged1 toreports safety concerns. Reportings safetyo concernsf fostersa safety culture. Safety concernsi includel hazards and potential consequences ofhazards. Examples ofs safetyd concernsl include: road, vehiclea andf facifity conditions; policiesa andp procedures thata arer notw working asi intended; nearn misses; and Informationa aboutv whyas safety evento occurred or could haveb beenp prevented. Safety! hazards andc concerns cant ber madel by contacting KellyE Bradigan, Operations! Managerb by telephone (724-628-74336 extension 417)ore-mail: lbaisineh.frsiaai or RudyP P. Dutko, Executivel Director byt telephone (724-6 628-7433, extension4 403) ore e-mail: rdutophs-lyetted org) This Safety Reporting Programis isina addition tot ther requirements tor report accidents andi incidents. The safety concerns identifiedi int this programa ared documentedi int thes safety hazardi log. Reporting ofs safety concers willn notr resulti ind disciplinary action unlesst thee employeev wilfully participatedi inc ord conducteda anil illegala act, gross negligence ofc deliberate orv willful disregard oflaws, The Operations Managero or Executive Director willf follow-up witht thee employeer reportingt thes safety concern. Aflr reported: safetyo concerns willl bed documentedi includingt thea action(s) takent toa address the regulations, policiesa and/orp procedures. safety concern. bas ADak 4sk Rudy P.Dutl, Executive Director Fayette Area Coordinated Transportation Page 28 of28 RESOLUTION AResolution of the County of Fayette, Pennsylvania, 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. WHEREAS, the County of Fayette designates Scott Dunn, Chairman Commissioner, to be WHEREAS, the County of Fayette recognizes the 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 currenttyutilzing thel basement for WHEREAS, the proposed project, "Future Foundations: Gallatin Building Revitalization Project,"willi involve hiring a consultant to conduct a comprehensive feasibility study, whichy will assess the County's needs for the building's remaining six floors and guide future WHEREAS, the total project cost fort this feasibility study is $47,850, with al local match commitment of $11,963, representing 25% oft thet total project cost; and WHEREAS, the Fayette County Commissioners are committed to ensuring the best use of County facilities and resources for the benefit of the community andi its future generations; NOW, THEREFORE, BE IT RESOLVED that the County of Fayette will applyi fort fundingi int the amount of $35,8871 from the Main Street Matters Program to support the feasibility study for BE ITF FURTHER RESOLVED that the Commissioners affirm their support of the project tand commit the necessary matching funds to complete the feasibility study. the contract signer of all grant documents; and storage and twoi 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/Chief Clerk County of Fayette, PA