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

2013 CERTIFICATIONS AND ASSURANCES 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) in effect in FY 2012 or a previous fiscal year, 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 former 49 U.S.C. 5311(b) in effect in FY 2012 or a previous fiscal year, 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) in effect in FY 2012 or a previous fiscal year, and: a. Will provide the local share funds from approved non-Federal sources except as permitted by Federal law, b. Will provide the local share funds when needed, 8. Your Applicant may transfer a facility or equipment acquired using a grant under 49 U.S.C. 5311(b) in effect in FY 2012 or a previous fiscal year 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 in effect in FY 2012, 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 shelters, (3) Joint-use stops and depots, (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 Chief Executive Officer of the State that: (1) It has consulted with the affected intercity bus service providers about the intercity bus needs of the State, and  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES (2) The State’s intercity bus service needs are being met adequately. C. Appalachian Development Public Transportation Assistance Program. You must select the Certification in Group 17.C if your Applicant seeks funding for Appalachian Development Public Transportation Assistance Project financed with funds made available or appropriated for former 49 U.S.C. 5311(c)(2), as amended by MAP-21. On behalf of your Applicant, you certify and assure that, in addition to other Certifications and Assurances your Applicant must provide, if your Applicant is unable to use its funding made available or appropriated for this program for public transportation purposes, your Applicant may use the funding for a highway provided that it provides notice and an opportunity for comment and appeal to affected public transportation providers and the Applicant in approving the use determines that local transit needs are being addressed, as required by 49 U.S.C. 5311(c)(2)(D), as amended by MAP-21. D. Over-the-Road Bus Accessibility Program. You must select the Assurance in Group 17.D if your Applicant seeks funding for its Over-the-Road Bus Accessibility Project financed with funds made available or appropriated for repealed section 3038 of TEA-21, as amended by section 3039 of SAFETEA-LU in effect in FY 2012 or a previous fiscal year. In administering this program, MAP-21 cross-cutting requirements supersede inconsistent former requirements. The Applicant assures that it will comply with all applicable Federal statutes and regulations, and follow applicable Federal guidance in carrying out any Over-the- Road Bus Accessibility Project supported by the FTA grant. The Applicant acknowledges that it is under a continuing obligation to comply with the terms and conditions of the grant agreement issued for its project with FTA. The Applicant understands that Federal laws, regulations, policies, and administrative practices might be modified from time to time and affect the implementation of the project. The Applicant assures that the Federal requirements for the Over-the-Road Bus Accessibility Program during FY 2012 will apply to the project, unless FTA issues a written determination otherwise. Certifications and Assurances for funding to be awarded under this program in FY 2013 are included in these FTA Certifications and Assurances for FY 2013. Each Applicant must submit Group 01 (“Required Certifications and Assurances for Each Applicant”). Each Applicant seeking more than $100,000 in Federal funding must provide both Group 01, and Group 02, (“Lobbying”).  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES GROUP 18. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS AND “TRIBAL TRANSIT” PROGRAMS. The Certifications in Group 18 are in addition to other Certifications and Assurances listed previously that are required for Public Transportation on Indian Reservations Program funding or “Tribal Transit” 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 in Group 18, on behalf of your Applicant, if your Applicant seeks financing for its:  Formula or discretionary 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, or  Discretionary “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. In administering these programs, MAP-21 cross-cutting requirements supersede inconsistent former requirements. 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 18 and other Certifications and Assurances listed previously that are required for the funding your Applicant seeks. Any provision of the Certifications in Group 18 that does not apply will not be enforced. A. Public Transportation on Indian Reservations Program. You must select the Certification in Group 18.A if your Applicant seek funding for its Public Transportation on Indian Reservations Project financed with funds made available or appropriated for 49 U.S.C. 5311(c)(1), as amended by MAP-21. FTA has established terms and conditions for direct Public Transportation on Indian Reservations Program grants financed with funding made available or appropriated for 49 U.S.C. 5311(c)(1), as amended by MAP-21. On behalf of your Applicant, you certify and assure that:  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 1. Your Applicant has or will have the necessary legal, financial, and managerial capability to: a. Apply, receive and disburse 49 U.S.C. 5311(c)(1) funding, and b. Carry out each Project, including the: (1) Safety aspects of its proposed Projects, and (2) 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 Project will achieve maximum feasible coordination with transportation service funded by other Federal sources, 5. Your Applicant will: a. Have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR part 18, specifically 49 CFR 18.36, or b. Inform FTA promptly that its procurement system does not comply with those U.S. DOT regulations, and 6. Your Applicant will comply with the Certifications, Assurances, and Agreements in: a. Group 03.B and 03.C (Charter Service Agreement and School Bus Agreement), b. Group 05.B (Bus Testing), c. Group 06 (Demand Responsive Service), d. Group 07 (Intelligent Transportation Systems), and e. Group 10 (Alcohol and Controlled Substances Testing). B. “Tribal Transit” Program. You must select the Certification in Group 18.B if your Applicant seeks funding for its “Tribal Transit” Project financed with funds made available or appropriated for former 49 U.S.C. 5311(c)(1), in effect in FY 2012 or a previous fiscal year. In administering this program, MAP-21 cross-cutting requirements supersede inconsistent former requirements. FTA has established terms and conditions for direct “Tribal Transit” Program grants 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, except as superseded as MAP-21 cross-cutting requirements that apply instead. On behalf of your Applicant you certify that: 1. Your Applicant has or will have the necessary legal, financial, and managerial capability to: a. Apply, receive and disburse 49 U.S.C. 5311(c)(1) funding, and b. Carry out each Project, including the:  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES (1) Safety aspects of its proposed Projects, and (2) 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 Project will achieve maximum feasible coordination with transportation service funded by other Federal sources, 5. Your Applicant will: a. Have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR part 18, specifically 49 CFR 18.36, or b. Inform FTA promptly that its procurement system does not comply with those U.S. DOT regulations, and 6. Your Applicant will comply with the Certifications, Assurances, and Agreements in: a. Group 03.B and 03.C (Charter Service