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

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, the: (1) Legal capacity to carry out its proposed Projects, (2) Financial capacity to carry out its proposed Projects, (3) Technical capacity to carry out its proposed Projects, (4) Necessary capacity to carry out the safety aspects of its proposed Projects, and (5) 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,  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES d. When carrying out a procurement under former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year superseded by MAP-21 cross cutting requirements that apply, your Applicant will, and will require each Subrecipient to do the following: (1) Use competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), (2) Not use exclusionary or discriminatory specifications in its procurements, as required by 49 U.S.C. 5323(h), (3) 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, (4) Comply with applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) As provided by MAP-21 cross cutting requirement, “Rail Car Procurement,” comply with the railcar option restrictions of 49 U.S.C. 5325(e), as amended by MAP-21, and (6) As required by the MAP-21 cross-cutting requirement, “Veterans Preference/Employment,” comply with 49 U.S.C. 5325(k), as amended by MAP-21, e. Your Applicant: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share required by former 49 U.S.C. 5317(g) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross cutting requirements that may apply instead, (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from approved non-Federal sources except as permitted by former 49 U.S.C. 5317(g) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, f. 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, and g. To the extent applicable, as required by the MAP-21 cross-cutting requirement, “Agency Safety Plans,” your Applicant will comply with and, as necessary, will require each Subrecipient to comply with, its Public Transportation Agency Safety Plan, as required by 49 U.S.C. 5329, as amended by MAP-21. GROUP 17. RURAL/OTHER THAN URBANIZED AREAS/APPALACHIAN DEVELOPMENT/OVER-THE-ROAD BUS ACCESSIBILITY PROGRAMS.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES The Certifications and Assurances in Group 17 are in addition to other Certifications and Assurances listed previously that are required for Rural/Other Than Urbanized Areas/Appalachian Development/or Over-the-Road Bus Accessibility Program funding. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to itself or its Project, even if a Subrecipient or other Third Party Participant may be involved in your Applicant’s Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participant to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Except as FTA determines otherwise in writing, you must select the Certifications and Assurances in Group 17, on behalf of your Applicant, if your Applicant seeks financing for its:  Formula Grants for Rural Areas Project financed with funding made available or appropriated for 49 U.S.C. 5311(b), as amended by MAP-21, (Separate Certifications and Assurances have been established in Group 18 for an Indian tribe that is an Applicant for a Public Transportation on Indian Reservations Project financed with funding made available or appropriated for 49 U.S.C. 5311(c))(1), as amended by MAP-21.)  Formula Grants for Other Than Urbanized Areas Project financed with funding made available or appropriated for former 49 U.S.C. 5311(b) in effect in FY 2012 or a previous fiscal year,  Separate Certifications and Assurances have been established in Group 18 for an Indian tribe that is an Applicant for “Tribal Transit” Project financed with funding made available or appropriated for former 49 U.S.C. 5311(c)(1) in effect in FY 2012 or a previous fiscal year.  Appalachian Development Public Transportation Assistance Project financed with funding made available or appropriated for 49 U.S.C. 5311(c)(2), as amended by MAP-21, or  Over-the-Road Bus Accessibility Project financed with funding made available or appropriated for section 3038 of TEA-21, as amended by section 3039 of SAFETEA- LU, 49 U.S.C. 5310 note. In administering these programs, MAP-21 cross-cutting requirements supersede inconsistent former requirements. These four programs have or are likely to have funding available during FY 2013. Accordingly, if your Applicant seeks funding made available or authorized by 49 U.S.C. 5311 or former section 3038 of TEA-21, you should provide these Certifications in Group 17, on behalf of your Applicant, to assure that FTA can select the type of funding it considers most suitable.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding made available or appropriated for any of these Projects, on behalf of your Applicant, you must have selected the Certifications in Group 17 and other Certifications and Assurances listed previously that are required for the funding your Applicant seeks. Any provision of the Certifications and Assurances in Group 17 that does not apply will not be enforced. A. Formula Grants for Rural Areas Program. You must select the Certification in Group 17.A if your Applicant seeks funding for its Formula Grants for Rural Areas Project financed with funds made available or appropriated for 49 U.S.C. 5311(b), as amended by MAP-21. The following Certification applies to each State or State organization serving as your Applicant for funding made available or appropriated for the Rural Areas Formula Project authorized by 49 U.S.C. 5311(b), as amended by MAP-21. On behalf of your Applicant, you certify and assure that: 1. Your Applicant has or will have the: a. Legal capacity to carry out its proposed Projects, b. Financial capacity to carry out its proposed Projects, c. Technical capacity to carry out its proposed Projects, d. Necessary capacity to carry out the safety aspects of its proposed Projects, and e. Necessary capacity to carry out the security aspects of its proposed Projects, 2. Your Applicant has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Your Applicant’s Project equipment and facilities will be adequately maintained, 4. Your Applicant’s program has provided for a fair distribution of Federal funding made available or appropriated for 49 U.S.C. 5311(b), as amended by MAP-21 within the State, including Indian reservations, 5. Your Applicant’s program provides or will provide the maximum feasible coordination of public transportation service funded by 49 U.S.C. 5311(b), as amended by MAP-21, with transportation service funded by other Federal sources, 6. Your Applicant’s Projects in its Formula Grants for Rural Areas Program are included in: a. The Statewide Transportation Improvement Program, and b. To the extent applicable, a Metropolitan Transportation Improvement Program, 7. Your Applicant has or will have the amount of funds required for the local share, as required by 49 U.S.C. 5311(g), as amended by MAP-21, and a. Will provide the local share funds from approved non-Federal sources except as permitted by Federal law, and b. Will provide the local share funds when needed,  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 8. Your Applicant may transfer a facility or equipment acquired using a grant under 49 U.S.C. 5311(b) to any other recipient eligible to receive assistance under 49 U.S.C. chapter 53, if: a. The recipient in possession of the facility or equipment consents to the transfer, and b. The facility or equipment will continue to be used as required under 49 U.S.C. 5311, as amended by MAP-21, and 9. Each fiscal year: a. Your Applicant will spend at least fifteen (15) percent of its 49 U.S.C. 5311 funding available that fiscal year to develop and support intercity bus transportation within the State, with eligible activities, including: (1) Planning and marketing for intercity bus transportation, (2) Capital grants for intercity bus facilities, (3) Joint-use facilities, (4) Operating grants through purchase-of-service agreements, user-side subsidies, and demonstration Projects, and (5) Coordinating rural connections between small public transportation operations and intercity bus carriers, or b. Your Applicant will provide to the Federal Transit Administrator a Certification of the Governor of the State that: (1) It has consulted with the affected intercity bus service providers about the intercity bus needs of the State, and (2) The State’s intercity bus service needs are being met adequately. B. Formula Grants for Other Than Urbanized Areas Program. You must select the Certification in Group 17.B if your Applicant seeks funding for its Formula Grant for Other Than Urbanized Areas Project financed with funds made available or appropriated for former 49 U.S.C. 5311(b), in effect in FY 2012 or a previous fiscal year. In administering this program, MAP-21 cross-cutting requirements supersede inconsistent former requirements. The following Certification applies to each State or State organization serving as your Applicant for funding made available or appropriated for the Formula Grants for Other Than Urbanized Areas Project authorized by 49 U.S.C. 5311(b)(2) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. On behalf of your Applicant, you certify and assure that: 1. Your Applicant has or will have the: a. Legal capacity to carry out its proposed Projects, b. Financial capacity to carry out its proposed Projects, c. Technical capacity to carry out its proposed Projects, d. Necessary capacity to carry out the safety aspects of its proposed Projects, and  FTA FISCAL YEAR