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

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). GROUP 19. LOW OR NO EMISSION/CLEAN FUELS GRANT PROGRAM The Certifications in Group 19 are in addition to other Certifications and Assurances listed previously that are required for Low or No Emission Vehicle Deployment Program funding or Clean Fuels Grant 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 19, on behalf of your Applicant, if your Applicant seeks financing for its:  Discretionary Low or No Emission Vehicle Deployment Project financed with funding made available or appropriated for 49 U.S.C. 5312(d)(5), as amended by MAP-21, or  Discretionary Clean Fuels Grant Program Project financed with funding made available or appropriated for former 49 U.S.C. 5308 in effect in FY 2012 or a  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 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 19 and other Certifications and Assurances listed previously that are required for the funding your Applicant seeks. Any provision of the Certifications in Group 19 that does not apply will not be enforced. A. Low or No Emission Vehicle Deployment. You must select the Certification in Group 19.A, if your Applicant seeks funding for its Low or No Emission Vehicle Development Project financed with funds made available or appropriated for 49 U.S.C. 5312(d)(5), as amended by MAP-21. The following Certification for Low or No Emission Vehicle Deployment Program funding made available or appropriated for MAP-21 is required by 49 U.S.C. 5312(d)(5)(C) and by 49 U.S.C. 5307(c)(1), as amended by MAP-21. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify 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 will maintain its Project equipment and facilities adequately, 4. Your Applicant will ensure that, during non-peak hours, for transportation using or involving a facility or equipment funded for its Project, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, b. Any individual who, because of illness, injury, age, a congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or who has semi-ambulatory capability), and cannot use a public transportation service or a public transportation facility effectively without special facilities, special planning, or special design, c. 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  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES d. 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.), 5. When carrying out a procurement under this Program, your Applicant will comply with the: a. General provisions for FTA programs of 49 U.S.C. 5323, and b. Third party procurement requirements of 49 U.S.C. 5325, 6. Your Applicant: a. Has informed or will inform the public of the amounts of its funding available under this Program, b. Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, c. Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Projects and its performance as an Applicant, d. Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, e. Has assured or will assure that the proposed Program of Projects provide for coordination of transportation services with federally funded transportation services supported by United States Government sources other than U.S. DOT, f. Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of Projects, and g. Has made or will make the final list of Projects available to the public, 7. Your Applicant: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from approved non-Federal sources, except if otherwise authorized by law, and c. Will provide the local share funds when needed, 8. Your Applicant will comply with: a. The Metropolitan Planning requirements of 49 U.S.C. 5303, as amended by MAP-21, and b. The State Planning requirements of 49 U.S.C. 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, and 10. Your Applicant will comply with its Public Transportation Agency Safety Plan as required by 49 U.S.C. 5329, as amended by MAP-21. B. Clean Fuels Grant Program.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES You must select the Certification in Group 19.B if your Applicant seeks funding for its Clean Fuels Grant Project financed with funds made available or appropriated for former 49 U.S.C. 5308 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 for Clean Fuels Grant Program funding made available or appropriated for former 49 U.S.C. 5308 in effect in FY 2012 or a previous fiscal year is required by former 49 U.S.C. 5308(d)(1) and former 49 U.S.C. 5307(d)(1), 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: 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. Safety aspects of its proposed projects, and e. 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 will maintain the project equipment and facilities adequately, 4. Your Applicant will ensure that the following individuals will be charged not more than fifty (50) percent of the peak hour fare for transportation during non- peak hours using or involving project facilities or equipment supported under former 49 U.S.C. 5308: a. Elderly individuals, b. Individuals with disabilities, or c. Individuals presenting a Medicare card issued to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 U.S.C. 401 et seq. or 42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under former 49 U.S.C. 5308 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross cutting requirements that apply instead: a. Your Applicant will use competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), b. Your Applicant will not use exclusionary or 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 requirement, “Rail Car Procurement,” your Applicant will comply with the railcar option restrictions of 49 U.S.C. 5325(e), as amended by MAP-21, and  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES f. As required by the MAP-21 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 with or will comply with former 49 U.S.C. 5307(c) because it: a. Has informed or will inform the public of the amounts of its Clean Fuels Grant Program funds available under 49 U.S.C. 5308, and the projects it proposes to undertake, b. Has developed or will develop, in consultation with interested parties, including private transportation providers, the projects proposed to be funded, c. Has published or will publish a list of its projects in a way that affected citizens, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed projects and its performance, d. Has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed projects, e. Has assured or will assure that the proposed Program of Projects provide for coordination of transportation services with federally funded transportation services supported by United States Government sources other than U.S. DOT, f. Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of projects, and g. Has made or will make the final list of projects available to the public, 7. Your Applicant: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from approved non-Federal sources except as permitted by Federal law, and c. Will provide