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Home My WebLink About1525 RESOLUr ION NO. Resolution authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urbm~ blass Transportation Act of 1964, as ~nended. ~]fEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; ;flfEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and ~,fl~REAS, it is required by the U. S. Department of Transportation in accord with the provisions of TITLE VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with TITLE VI of the Civil Rights Act of 1964 and the U. S. Department of Transpor- tation requirements thereunder: NOW, TlfldREFORE, BE IT RESOLVED by the City Council of the City of Bremerton, lVashington 1. That the Director of Transit O~erations, Austin bi. Clark, is authorized to execute and file an application on behalf of the Bremerton b'kmicipal Transit with the U. S. Department of Transpor- tation, to aid in the financing of the purchase of equipment and related materials for operating mass public transit in the City of Bremerton. 2. That the Director of Transit Operations, Austin M. Clark, is authorized to execute and file with sud~ application an assur- ance or any other document required by the [1. S. Department of Transportation effectuating the purposes of TITLE VI of the Civil Rights Act of 1964. 3. ]hat Austin M. Clark, Director of Transit Operations is authorized to furnish such additional information as the IhS. Department of Transportation may require in connection with the application o~ the project. PASSEl) /kNl) APPROVED ON ]'Ills of/-~zZ~'ze~d/,_ 1972. day " .. AUb'-r 11~ ~tl ATTEST: > . ~ . G. C. y~N, SR. CI~ CLERK P~LIC ACHICEMEt1T PURSUANT TO SECTION 13(c) OF ~ ~ URBA1J MASS RAN,>POI, T~TIO,'~ ^L,J. OF 19~4, AS AMENDED, BETWEEN THE CI Y OF BREMERTON, WASHItIGTON, AND L('C~[, DIVISION 1384 OF THE AMALGAY~ED TRANSIT UNION, AFI,-CTO.: ,'IH~EEAS, t~ ~ity of Bremerton, Washington ("City") has filed ar~ application with the Department of Trans[)ortation under the []r+~ Mas~_~ Trans¥,or~at~on Act, as amended ("Act") for a capital Kraft to fln~nce t~e purchase of 29 used passenger transit buses and 6 new ~ - ~aasenger diesel transit buses, as more fully described in the ~roJect a~ l~cat~on ~ ~oject ); and W:~..~ AY., the empicTees of the Premerton-Cbarleston ?ra~spor- ~t]~ c~m~'~ , ~'ontractor who o~erstes the Bremerton Municipal Transit ,.~ ~', are reorezented by Local Divis~on i~4 Amalgamated ?ransit '~d]A~, Secticns 3(c) ~d 13(c) of the Act requirers: as a c?~nd~, ~..~ ~'~ a~,- assistance there~mdar t~st fair and equitable : ~'r~:~emer~t~,, be ~ade a~; determined bv the 2 ,~ o .~ ~ec~et.ry of f,abor, '~o !'r-t~,~.+'~.~ ~ ',.,.~: Jr~,.,:,rests~' - · of employees affected by such ass~t~nce ]~ciud!~7, wi'~o.~t be~n~ 'iimi. ted to, the preservation of all rights, ..... ~ne.~.~:> undeP existing collective bargaining affree- ,:ents or otLem~, e, the continuation of collective bargaining rights, t?l~: ~ro~.ectic:~ ~f individual employees against a worsening of their ~o:~i~:~on[; with respect to their employment, assurances of em?loyment t~: em~>!oV~es of acquired tr~sportation systems and priority ro--~m'~';of~mc~mt_ . ~ .~ of employees terminated or laid off, and paid training ~ ~.-~ ~.,,. f~ro~ra~s; and WUE?JCAS, the normal ~rocedure under the Act is for the ':~ ]leant and t~e Union rep~senting employees whose interests will b,~~"P~.~= ~ a~,v the ~rantin~ of federal assist~ce for this Project, to a,'a~,~iat the Secretary of I,abor by~ agreeing upon such arrangements aa. wii'l ~.~ fair ~-~d equitable; ~]OW. THEREFORE, it is agreed that in the event t~is Proje~t C~ ar~roved for assistance under the Act, the following t~rms and conqitions s~all apply: (1) ~e Project shall be carried out i~ such a m~mer a~d u~:o~ such terms and conditions as will not in any way adversely afro :~; employees represented by the Union. (2) All rights, privileges ~d benefits (includin~ pen- :~i,.n rights and benefits) of employees ~presentec] by the Union (~,~c ~d~nf.~ employees having already retired) under existing collec- tive ~argaininF a~reements or othe~ise, shall be preserved and cc:~t[r~ued. (~) The collective bargaining rights of employees' rep- ~,~-anted Oy. the Union, including t~e right to arbitrate labor dis- nu~=~: ~d to maintain ch'eckoff arrangements as provided by atolicable Agreement - 1 _ , .... &e~t_,v_ barzalniag e~r,i' '- :?a i :'.--: tm res~rded as deprived cf empicvmer:r or ?l.a?d in res: ~ :~ ..... , 2~~:'' remitment diim~sa~ for ~au~.. ~a~!uPe go work due :, dis : .... :, ..... ~3 obtain a ~os~zon avail~''~' ~ u~,~ it: the e.cerci .3 :f "'~F' se~ority .~ ~o, in accordance wtt:h existinq "-~ ...... 3l"~il 17~ t~= burden of affirmative' es~ ~ s - =m-*-- ~ z.,~ emr/cvment resitlon ~ :-~i-.-ati?:: -~ ~.,s,=_~m~nt cr other wcrsen~-- of ha_' ~ :t, tea.. a res,.:i~ cf the Project. ~ '; A~V e?~zo'fee represented by t~ Un.on who hrzs been -:"~'~" ':~-~::~ zr 15iq o~ for lack of work shall be F~ ~ ~ .............. a~e~ ~rioriry :f ..... .~' ~,..._,,~ ........ cr re-emrloyment to fil~= tony vacant ~osition. o,~ the .~..E ~,,' m for wh~~, he is or by trainin~ or re-trainln~r ' __ ~- ~n~,~ is renuired :,~-t3me :u~ified. Zn the event training or re-~.a~. c.~.. .......... - .. ....... ~evment~ ~.~ re-employ~nt, the City shall .t~rovide ~ ...... "~:~ .... uch vrai~ing or re-training at no oos~ to the emD!oyee, .... ~.~.,_e ..,a,~ t.e paid, while training or .e ..... ~,~.,c, the claso~flcat~on. n.l~. ~a~e cf his former Job '' ^~reement - 2 (7) Not'ninE In this agreement shall be construed as an undervaking by the Union or the employees covered by this agreement to fore.go any .~gL~s or benefits under ~y other a~reement or ~der any ~m~visio~ off law. ,h. phrase as a res~lt of the Project" shall, when used ~n t~fi:~ agreement, include events occuming in anticipation of, durin~~ and au[sequent to the Project. (9) This agreemeut shall he binding u~ou the successors and assign:; o~. the parties bero~o.~., , and no previ~i~ms, terms or .:b]~'ati.,n': herein contained shall ~)e affected, ~:,odified, altered ,~r c~nr?.e.J in any resnect whatsoever by reason of the ~,~ ~e ~ · the C:]t'~, ~ o manage am~ ore, rate the system. Any person, ,m~lerp~'ise, i~ ,i~f~ Or agancy, whether publLcly or pr~vete]4~ owned, ~, ,J i u~.ca ake tie man~ement or operatiof of t~e transi_t ......... , ~.{ t ~-ree to he bound by the terms off th~.s a~r, reeme~t and uc~,ep~ t-,:. r~:: -~,~s"b!!ily for Full performance of these conditions. (]:~' ~.n the -, · ~' . , even~ any [.~ovJ.~=,,n~ ~,- of fbi agroement ).eld t.o >f:, ',n~alid or other':~ise unenforceable uz~der State or !~u;., :;',;ch ?m:~vlsien shall be renegotiated for purpose of adequate ~'e~:,lecemer,t un,Jar Section !](e) of the Act. If :~uch negotiation .:-~,-.'~l~, ~ not .... ~::~i'- in mutually satisfactory agreement,, either party may ~nvcke thc jar~sdtction of the Secretary of L~bor to determine ~.~ ~+'ute fair an~ eeu~table employee protective ~,~ra.~gem~ ~s which ~.~ ~i[ h ?~cornorated in this a~reement. ]I) In the event t~is Project ~.s approved for assistance :~:~,~ .... ~ ~ct, the foregoing. ~. terms and conditions sbail be made part o-' t~:- '..:'ntra~t of assistance between the federal government and the . ~.a,~ lor f~deral funds, provided, however, that this agreement ,n.~l~ t~ot mer?e into the contract of assistance, but shall be !nde~'~dently binding ~d enforceable by ~ upon the parties hereto, ....... ,r~,~mce with its terms. IN WITNt~SS WHEREOF, the parties hereto have executed t ~o a~:Teement by their ~spective duly authorized representatives _ z_~JaY o~ , 197~. CITY OF BREMERTON,.W'~UT'"q'~-'C~,~,~,,.~ ~Olenn ~1 ars t a([~May or Director ot Transit Operations LOCAL DIVISION AM~LGAM~TED TRANSYT U~',I~N ~.greement - ~ By