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

Pilot Program authorized by section 20008(b) of MAP-21, you must select the Certification in Group 23.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding made available or appropriated for your Applicant’s Project, on behalf of your Applicant, you must have selected the Certification in Group 23 and other Certifications and Assurances listed previously that are required for the funding your Applicant seeks. Any provision of the Certification in Group 23 that does not apply will not be enforced. On behalf of your Applicant, you certify that, in addition to other Certifications and Assurances required in connection with its application for funding, your Applicant’s existing public transportation system is in a state of good repair, as required by section 20008(b)(5)(D) of MAP-21. GROUP 24. INFRASTRUCTURE FINANCE PROGRAMS. The Certification in Group 24 are in addition to other Certifications and Assurances listed previously that are required for Infrastructure Finance 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 applicable Certifications and Assurances selected on behalf of your Applicant. Except as FTA determines otherwise in writing, you must select the Certifications in Group 24, on behalf of your Applicant, if your Applicant seeks financing for its:  TIFIA Project financed with funds made available or appropriated for 23 U.S.C. 601 – 609, as amended by MAP-21, or previous legislation authorizing funding for TIFIA Projects, or  Deposits to its State Infrastructure Bank. In administering these programs, MAP-21cross-cutting requirements supersede inconsistent former requirements. Before FTA may provide funding made available or appropriated for your Applicant’s Projects, on behalf of your Applicant, you must have selected the Certifications and Assurances in Group 24 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 24 that does not apply will not be enforced. A. Transportation Infrastructure Finance and Innovation Act (TIFIA) Program. The Certifications and Assurances apply to requests for Transportation Infrastructure  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Finance and Innovation Act (TIFIA) credit assistance, whether derived from appropriations for MAP-21 or appropriations in effect in FY 2012 or a previous fiscal year. If you apply on behalf of your Applicant for TIFIA credit assistance authorized by 23 U.S.C. 601 – 609, you must select the Certifications and Assurances in Group 24.A. On behalf of your Applicant, you certify and assure that as required by 49 U.S.C. 5323(o), as amended by MAP-21, your Applicant certifies that Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, apply to any Project under 49 U.S.C. chapter 53 that receives TIFIA support or financing under 23 U.S.C. 601 – 609, as amended by MAP-21. 1. To comply with 49 U.S.C. 5307, specifically 49 U.S.C. 5307(d)(1), on behalf of your Applicant, you certify that: a. Your Applicant has or will 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 satisfactory continuing control over the use of Project equipment and facilities, c. Your Applicant will maintain its Project equipment and facilities adequately, d. Your Applicant will ensure that when, during non-peak hours for transportation using or involving a facility or equipment of a TIFIA-financed Project, a fare that is not more than fifty (50) percent of the peak hour fare will be charged to the following individuals: (1) A senior, (2) An individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, (3) An 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) An 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 TIFIA-funded procurement, your Applicant will comply with: (1) 49 U.S.C. 5323, and (2) 49 U.S.C. 5325,  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES f. Your Applicant has complied with or will comply with 49 U.S.C. 5307(b), as amended by MAP-21, because it: (1) Has made or will make available to the public information on amounts of its TIFIA funding request(s), (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, (3) 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 Program of Projects and its performance as an Applicant or Recipient, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, (5) Has ensured or will ensure that the proposed Program of Projects provide for coordination of transportation services funded by U.S. DOT under TIFIA with federally funded transportation services supported by United States Government sources other than U.S. DOT, (6) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and (7) Has made or will make the final Program of Projects available to the public, g. Your Applicant: (1) Has or will have at least (twenty) 20 percent of the TIFIA net project costs required for the local share, (2) Will provide the local share funds from approved non-Federal sources, and (3) Will provide the local share funds when needed, h. Your Applicant will comply with: (1) The Metropolitan Planning requirements of 49 U.S.C. 5303, as amended by MAP-21, and (2) The State Planning requirements of 49 U.S.C. 5304, as amended by MAP-21, i. Your Applicant has a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation, and j. Your Applicant will comply with the 49 U.S.C. 5329(d) requirements for a Public Transportation Agency Safety Plan, and 2. To comply with the interest and financing costs restrictions of 49 U.S.C. chapter 53, your Applicant agrees that it will not seek reimbursement for interest and other financing costs incurred in connection with its Project that must be in compliance with those requirements unless:  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES a. It is eligible to receive Federal funding for those expenses, and b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require. 3. To comply with the requirements of 49 U.S.C. 5337(a)(4), your Applicant agrees that it will adopt a transit asset management plan that complies with 49 U.S.C. 5326(d). B. State Infrastructure Banks (SIB) Program. The Certifications and Assurances apply to requests for State Infrastructure Bank (SIB) funding, whether derived from appropriations for MAP-21 or appropriations for Fiscal Year 2012 or a previous fiscal year. If you apply on behalf of your State Applicant for funding to deposit in its SIB, we request that you select the Certifications and Assurances in Group 24.B. On behalf of the State organization serving as your Applicant for funding for its State Infrastructure Bank (SIB) Program, you certify and assure that: 1. Your Applicant will comply with the following applicable Federal laws establishing the various SIB programs since 1995: a. 23 U.S.C. 610, as amended by MAP-21, b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or d. Section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181, 2. Your Applicant will comply with or follow the Cooperative Agreement establishing the State’s SIB program between: a. Your Applicant and FHWA, FRA, and FTA, or b. Your Applicant and FHWA and FTA, 3. Your Applicant will comply with or follow the Grant Agreement that provides FTA funding for the SIB and is between your Applicant and FTA including the FTA Master Agreement, which is incorporated by reference into the Grant Agreement, except that any provision of the FTA Master Agreement incorporated by reference into that Grant Agreement will not apply if it conflicts with any provision of: a. 23 U.S.C. 610, as amended by MAP-21, b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181 note, d. Federal guidance pertaining to the SIB Program, e. The Cooperative Agreement establishing the State’s SIB Program, or f. The FTA Grant Agreement, 4. As required by 49 U.S.C. 5323(o), Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, as amended by MAP-21, apply to any  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Project under 49 U.S.C. chapter 53 that receives SIB support or financing under 23 U.S.C. 610 (or any support from 23 U.S.C. 601 – 609), 5. As required by 49 U.S.C. 5323(o) and 49 U.S.C. 5307(d)(1): a. Your Applicant has or will 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 satisfactory continuing control over the use of Project equipment and