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

as required by those regulations. D. Nondiscrimination Assurance. On behalf of your Applicant, you assure that: 1. Your Applicant will comply with the following laws and regulations so that no person in the United States will be denied the benefits of, or otherwise be subjected to discrimination in any U.S. DOT or FTA funded program or activity (particularly in the level and quality of transportation services and transportation- related benefits on the basis of race, color, national origin, religion, sex, disability, or age: a. Federal transit laws, specifically 49 U.S.C. 5332, as amended by MAP-21 (prohibiting discrimination on the basis of race, color, religion, national origin, sex, disability, or age, and in employment or business opportunity), b. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, c. The Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., d. The Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., e. U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21, f. U.S. DOT regulations, specifically 49 CFR parts 27, 37, 38, and 39, and g. Any other applicable Federal statutes that may be signed into law or Federal regulations that may be promulgated, 2. Your Applicant will comply with Federal guidance implementing Federal nondiscrimination laws and regulations, except to the extent FTA determines otherwise in writing, 3. As required by 49 CFR 21.7: a. Your Applicant will comply with 49 U.S.C. 5332, as amended by MAP-21, 42 U.S.C. 2000d, and 49 CFR part 21 in the manner: (1) It conducts each Project, (2) It undertakes property acquisitions, and (3) It operates its Project facilities, including: (a) Its entire facilities, and (b) Its facilities operated in connection with its Project, FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES b. This assurance applies to your Applicant’s entire Project and to all parts of its facilities, including the facilities it operates to implement its Project, c. Your Applicant will promptly take the necessary actions to carry out this assurance, including: (1) Notifying the public that discrimination complaints about transportation- related services or benefits may be filed with U.S. DOT or FTA, and (2) Submitting information about its compliance with these provisions to U.S. DOT or FTA upon their request, d. If your Applicant transfers FTA funded real property, structures, or improvements to another party, any deeds and instruments recording that transfer will contain a covenant running with the land assuring nondiscrimination: (1) While the property is used for the purpose that the Federal funding is extended, and (2) While the property is used for another purpose involving the provision of similar services or benefits, e. The United States has a right to seek judicial enforcement of any matter arising under: (1) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) U.S. DOT regulations, 49 CFR part 21, and (3) This assurance, f. Your Applicant will make any changes in its Title VI implementing procedures as U.S. DOT or FTA may request to comply with: (1) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) U.S. DOT regulations, 49 CFR part 21, and (3) Federal transit laws, 49 U.S.C. 5332, as amended by MAP-21, g. Your Applicant will comply with Federal guidance issued to implement Federal nondiscrimination requirements, except as FTA determines otherwise in writing, h. Your Applicant will extend the requirements of 49 U.S.C. 5332, as amended by MAP-21, 42 U.S.C. 2000d, and 49 CFR part 21 to each Third Party Participant, including: (1) Any Subrecipient, (2) Any Transferee, (3) Any Third Party Contractor or Subcontractor at any tier, (4) Any Successor in Interest, (5) Any Lessee, or (6) Any other Third Party Participant in its Project, i. Your Applicant will include adequate provisions to extend the requirements of 49 U.S.C. 5332, as amended by MAP-21, 42 U.S.C. 2000d, and 49 CFR part 21 to each third party agreement, including: (1) Each subagreement, (2) Each property transfer agreement, (3) Each third party contract or subcontract at any tier,  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES (4) Each lease, or (5) Each participation agreement, and j. The assurances you have made on behalf of your Applicant will remain in effect as long as: (1) Federal funding is extended to your Applicant’s Project, (2) Your Applicant’s Project property is used for a purpose for which the Federal funding is extended, (3) Your Applicant’s Project property is used for a purpose involving the provision of similar services or benefits, or (4) Your Applicant retains ownership or possession of its Project property, and 4. As required by U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27, specifically 49 CFR 27.9, and consistent with 49 U.S.C. 5307(c)(1)(D)(iii), as amended by MAP-21, your assure that: a. Your Applicant will comply with the following prohibitions against discrimination on the basis of disability, which are a condition of approval or extension of any FTA funding awarded to: (1) Construct any facility, (2) Obtain any rolling stock or other equipment, (3) Undertake studies, (4) Conduct research, or (5) Participate in or obtain any benefit from any FTA administered program, and b. In any program or activity receiving or benefiting from Federal funding that U.S. DOT administers, no otherwise qualified people with a disability will, because of their disability, be: (1) Excluded from participation, (2) Denied benefits, or (3) Otherwise subjected to discrimination. E. Suspension and Debarment Certification. On behalf of your Applicant, you certify that: 1. Your Applicant will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR part 180, 2. To the best of your knowledge and belief, and your Applicant’s knowledge and belief, that your Applicant’s Principals and Subrecipients at the first tier: a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently: (1) Debarred, FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES (2) Suspended, (3) Proposed for debarment, (4) Declared ineligible, (5) Voluntarily excluded, or (6) Disqualified, b. Your Applicant’s management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction, (2 Violation of any Federal or State antitrust statute, or (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property, c. Your Applicant is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding Section 1.b of this Certification, d. Your Applicant has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification, e. If, at a later time, your Applicant receives any information that contradicts the statements of subparagraphs 2.a – 2.d above, your Applicant will promptly provide that information to FTA, f. Your Applicant will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it: (1) Equals or exceeds $25,000, (2) Is for audit services, or (3) Requires the consent of a Federal official, and g. Your Applicant will require that each covered lower tier contractor and subcontractor: (1) Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and (2) Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be: (a) Debarred from participation in your Applicant’s federally funded Project, (b) Suspended from participation in your Applicant’s federally funded Project, (c) Proposed for debarment from participation in your Applicant’s federally funded Project, (d) Declared ineligible to participate in your Applicant’s federally funded Project,  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES (e) Voluntarily excluded from participation in your Applicant’s federally funded Project, or (f) Disqualified from participation in your Applicant’s federally funded Project, and 3. Your Applicant will provide a written explanation as indicated on its Signature Page or a page attached in FTA’s TEAM-Web if it or any of its principals, including any of its first tier Subrecipients or any of its Third Party Participants at a lower tier, is unable to certify compliance with to the preceding statements in this Certification 01.E. F. U.S. OMB Assurances in SF-424B and SF-424D. The assurances in Group 01.F are consistent with the U.S. OMB assurances required in the U.S. OMB SF-424B and SF-424D, updated as necessary to reflect changes in Federal laws and regulations. 1. Administrative Activities. On behalf of your Applicant, you assure that: a. For every project described in any application your Applicant submits, your Applicant has adequate resources to properly plan, manage, and complete its Project, including: (1) The legal authority to apply for Federal funding, (2) The institutional capability, (3) The managerial capability, and (4) The financial capability (including funds sufficient to pay the non-Federal share of Project cost), b. Your Applicant will give limited access and the right to examine Project- related materials, including, but not limited to: (1) FTA, (2) The Comptroller General of the United States, and (3) If appropriate, the State, through any authorized representative, c. Your Applicant will establish a proper accounting system in accordance with generally accepted accounting standards or FTA guidance, and d. Your Applicant will establish safeguards to prohibit employees from using their positions for a purpose that results in: (1) A personal or