Okaloosa County BOCC — May 4, 2013 — FTA FFY13 Certifications and Assurances — reading text

discriminatory specifications in its procurements, as required by 49 U.S.C. 5323(h), c. As provided by the MAP-21 cross-cutting requirement, “Buy America,” your Applicant will comply with 49 U.S.C. 5323(j), as amended by MAP-21, d. Your Applicant will comply with applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), e. As provided by MAP-21 cross-cutting requirements, your Applicant will comply with applicable railcar option restrictions of 49 U.S.C. 5325(e), as amended by MAP-21, and f. As required by the MAP cross-cutting requirement, “Veterans Preference/Employment,” your Applicant will comply with 49 U.S.C. 5325(k), as amended by MAP-21, 6. Your Applicant has complied or will comply with, and will require each Subrecipient to comply with, former 49 U.S.C. 5307(b) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 requirements that apply instead: a. For a capital project that will substantially affect a community or the public transportation service of a community, your Applicant: (1) Has provided an adequate opportunity for public review and comment on its Project, (2) After providing notice, has held a public hearing on the project if the project affects significant economic, social, or environmental interests, (3) Has considered the economic, social, and environmental effects of the project, and (4) Has found that the project is consistent with official plans for developing the community, b. The notice of a hearing your Applicant published: (1) Included a concise description of the proposed project, and (2) Was published in a newspaper of general circulation in the geographic area the project will serve, and c. Your Applicant’s application for a capital grant that will substantially affect a community, or the public transportation service of a community under former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year for a capital project described in paragraph (1) will include the following: (1) A Certification that the applicant has complied with the requirements of 49 U.S.C. 5323(b)(1)(C), and (2) In the environmental record for the project, evidence that your Applicant has complied with the requirements of 49 U.S.C. 5323(b)(1)(C). 7. Your Applicant: a. Has or will have the amount of funds required for the local share by former 49 U.S.C. 5307(e) in effect in FY 2012 or a previous fiscal year, except as  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES superseded by MAP-21 cross cutting requirements that apply instead, b. Will provide the local share funds from approved non-Federal sources except as permitted by former 49 U.S.C. 5307(e) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead, and c. Will provide the local share funds when needed, 8. Your Applicant has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5301, 5303, and 5304, as amended by MAP-21, 9. Your Applicant has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, 10. Each fiscal year: a. Your Applicant will spend at least one (1) percent of its 49 U.S.C. 5307 funding for public transportation security Projects (limited to capital Projects if your Applicant serves an urbanized area with a population of 200,000 or more), including: (1) Increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), (2) Increased camera surveillance of an area in or adjacent to that system, (3) Emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and (4) Any other Project intended to increase the security and safety of an existing or planned public transportation, or b. Your Applicant will certify that such expenditures for transportation security Projects are not necessary, (Information about your Applicant’s intentions must be recorded in the “Security” tab page of the TEAM-Web “Project Information” window when it submits its Urbanized Area Formula Program application in TEAM-Web), 11. If your Applicant serves an urbanized area with a population of at least 200,000 individuals: a. Each fiscal year, your Applicant will ensure that at least one (1) percent of the amount apportioned to the urbanized area is spent for Transit Enhancements, as defined in former 49 U.S.C. 5302(a)(15), b. Your Applicant will include in its quarterly report for the fourth quarter of the preceding Federal fiscal year (1) A list of its Transit Enhancement Project activities during that Federal fiscal year using those former 49 U.S.C. 5307 funds, or (2) Sufficient information to demonstrate that the Designated Recipients in your Applicant’s urbanized area together have spent one (1) percent of the amount of funding that must be made available to them for Transit Enhancements or have included the same information in a separate report attached in TEAM-Web, and  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES c. The report of your Applicant or the Designated Recipients’ Transit Enhancement Projects or Project activities is or will be incorporated by reference and made part of its Certifications and Assurances, and 12. As required by the MAP-21 cross-cutting requirement, “Agency Safety Plans,” your Applicant will comply with its Public Transportation Agency Safety Plan, as required by 49 U.S.C. 5329, as amended by MAP-21. C. Job Access and Reverse Commute (JARC) Formula Grant Program. You must select the Certification in Group 15.C if your Applicant seeks funding for its JARC Project financed with funds made available or appropriated for former 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year. In administering program, MAP-21 cross-cutting requirements supersede inconsistent former requirements. 1. The following Certification for the Urbanized Area Formula Grants Program are required by former 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. Your Applicant will make awards of JARC funding on a competitive basis following: (1) An areawide solicitation in cooperation with the appropriate metropolitan planning organization for applications for funding in compliance with former 49 U.S.C. 5316, and (2) A statewide solicitation for applications for JARC funding in compliance with former 49 U.S.C. 5316, b. Any allocations to Subrecipients of JARC funding authorized by former 49 U.S.C. 5316 will be distributed on a fair and equitable basis, c. As required by former 49 U.S.C. 5316: (1) The projects your Applicant has selected or will select for funding made available or appropriated for that program were derived from a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, (2) That locally developed, coordinated plan was produced through a process that included: (a) Representatives of public, private, and nonprofit transportation providers, (b) Representatives of public, private, and nonprofit human services providers, and (c) Participation by the public, d. Before your Applicant transfers funds to a project funded by former 49 U.S.C. 5336, that project has been or will have been coordinated with private  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES nonprofit providers of services, e. Before using funds apportioned for projects serving an area other than that for which funding was apportioned under former 49 U.S.C. 5316: (1) The State’s chief executive officer, or his or her designee, will have certified that all the JARC program objectives of former 49 U.S.C. 5316 are being met in the area from which the funding would be derived, and (2) If the State has a statewide program for meeting the JARC program objectives of former 49 U.S.C. 5316, the funds can be used for projects anywhere in the State, and f. The requirements of former 49 U.S.C. 5307 will apply to the JARC Program, authorized by former 49 U.S.C. 5316, and 2. The following Certifications for the JARC Program are required by former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. Your Applicant has or will have, and will require each Subrecipient to have: (1) The legal capacity to carry out its proposed Projects, (2) The financial capacity to carry out its proposed Projects, (3) The technical capacity to carry out its proposed Projects, (4) The necessary capacity to carry out the safety aspects of its proposed Projects, and (5) The necessary capacity to carry out the security aspects of its proposed Projects, b. Your Applicant has or will have, and will require each Subrecipient to have satisfactory continuing control over the use of Project equipment and facilities, c. Your Applicant will maintain, and will require each Subrecipient to maintain, its Project equipment and facilities adequately, d. Your Applicant will ensure, and will require each Subrecipient to ensure, that for transportation using or involving a facility or equipment of a Project financed under former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: (1) Any elderly individual, (2) Any handicapped individual, as described in 49 CFR part 27, (3) Any individual presenting a Medicare card issued to himself or herself pursuant to title II of the Social Security Act (42 U.S.C. 401 et seq.), or (4) Any individual presenting a Medicare card issued to himself or herself pursuant to title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e. When carrying out a procurement under former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES cutting requirements that apply instead, your Applicant will, and will require each Subrecipient to: (1) Use competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), and (2) Not use exclusionary or discriminatory specifications in its procurements, as required by 49 U.S.C. 5323(h), f. Your Applicant has complied or will comply with, and will require each Subrecipient