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

amended, 16 U.S.C. 470f, (b) The Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. 469 – 469c, and (c) Executive Order No. 11593 (identification and protection of historic properties), 16 U.S.C. 470 note, g. To the extent practicable, complying with the following Federal requirements for the care, handling, and treatment of warm blooded animals held or used for research, teaching, or other activities supported by Federal funding:  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES (1) The Animal Welfare Act, as amended, 7 U.S.C. 2131 et seq., and (2) U.S. Department of Agriculture regulations, “Animal Welfare,” 9 CFR subchapter A, parts 1, 2, 3, and 4, h. To the extent practicable, obtaining a certificate of compliance with the seismic design and construction requirements of U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically 49 CFR 41.117(d), before accepting delivery of any FTA funded building, i. To the extent practicable, complying with, and assuring its Subrecipients located in special flood hazard areas comply with, section 102(a) of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a), by: (1) Participating in the Federal flood insurance program, and (2) Purchasing flood insurance if the total cost of insurable construction and acquisition is $10,000 or more, j. To the extent practicable, complying with: (1) The Hatch Act, 5 U.S.C. 1501 – 1508, 7324 – 7326, which limits the political activities of State and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds, including a Federal loan, grant agreement, or cooperative agreement, and (2) 49 U.S.C. 5323(l)(2), as amended by MAP-21, and 23 U.S.C. 142(g), which provide an exception from Hatch Act restrictions for a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA funding made available or authorized for 49 U.S.C. chapter 53 and 23 U.S.C. 142(a)(2) to whom the Hatch Act does not otherwise apply, k. Performing the financial and compliance audits as required by the: (1) Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq., (2) U.S. OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” Revised, and (3) Most recent applicable U.S. OMB A-133 Compliance Supplement provisions for the U.S. DOT, and l. To the extent practicable, complying with all the provisions of all other Federal laws or regulations that apply, and follow Federal guidance governing your Applicant and its Project, except to the extent that FTA has expressly approved otherwise in writing. GROUP 02. LOBBYING. Except if your Applicant is an Indian Tribe exempted from these requirements by 31 U.S.C. 1352, you must select the Certification in Group 02 if your Applicant seeks:  A Federal grant or cooperative agreement exceeding $100,000, or  A Federal loan (including a line of credit), loan guarantee, or loan insurance exceeding $150,000.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Your Applicant is ultimately responsible for compliance with the Certification 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, FTA may not provide funding for your Applicant’s Project for which Group 02 applies unless you select the Certification in Group 02 on behalf of your Applicant. Any provision of the Certification in Group 02 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. As required by 31 U.S.C. 1352 and U.S. DOT regulations, “New Restrictions on Lobbying,” specifically 49 CFR 20.110: a. The lobbying restrictions of this Certification apply to your Applicant’s requests: (1) For $100,000 or more in Federal funding for a grant or cooperative agreement, and (2) For $150,000 or more in Federal funding for a loan, line of credit, or loan guarantee, and b. Your Certification on behalf of your Applicant applies to the lobbying activities of: (1) Your Applicant, (2) Your Applicant’s Principals, and (3) Your Applicant’s Subrecipients at the first tier, 2. To the best of your knowledge and belief: a. No Federal appropriated funds have been or will be paid by or on its behalf to any person to influence or attempt to influence: (1) An officer or employee of any Federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and (2) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, b. Your Applicant will submit a complete OMB Standard Form-LLL, “Disclosure of Lobbying Activities (Rev. 7-97),” consistent with its instructions, if any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence: (1) An officer or employee of any Federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and (2) A Member of Congress, an employee of a member of Congress, or an officer  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and c. Your Applicant will include the language of this Certification in the award documents for all subawards at all tiers, including, but not limited to: (1) Subcontracts, (2) Subgrants, (3) Subagreements, and (4) Third party contracts under a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, 3. Your Applicant understands that: a. This Certification is a material representation of fact that the Federal government relies on, and b. Your Applicant must submit this Certification before the Federal government may award funding for a transaction covered by 31 U.S.C. 1352, including a: (1) Federal grant or cooperative agreement, or (2) Federal loan, line of credit, loan guarantee, or loan insurance, and 4. Your Applicant also understands that any person who does not file a required Certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. GROUP 03. PRIVATE SECTOR PROTECTIONS. You must select the Assurance and enter into the Agreements in Group 03 on behalf of your Applicant if your Applicant intends to acquire public transportation property or operate public transportation supported with FTA capital or operating funds, except as FTA determines otherwise in writing. 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, before FTA may provide funding for your Applicant’s Project that involves the acquisition of public transportation property or operations of public transportation that affect your Applicant’s acquisitions or operations, you must select the Assurance in Group 03.A and enter into the Agreements in Group 03.B and Group 03.C on behalf of your Applicant. Any provision of the Assurance and Agreements in Group 03 that does not apply will not be enforced.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES A. Private Sector Property Protections. For FTA to make the findings necessary to protect private transportation providers, as required by 49 U.S.C. 5323(a)(1), you must select the Assurances in Group 03.A on behalf of your Applicant: 1. If your Applicant is a: a. State, b. Local government, or c. Indian tribal government, and 2. If you are applying for or will apply on your Applicant’s behalf for 49 U.S.C. chapter 53 funding to: a. Acquire the property of a private transit operator, or b. Operate public transportation in competition with or in addition to a public transportation operator. To facilitate FTA’s ability to make the findings required by 49 U.S.C. 5323(a)(1), on behalf of your Applicant, you assure that: 1. Your Applicant has or will have: a. Determined that the funding is essential to carrying out a Program of Projects as required by 49 U.S.C. 5303, 5304, and 5306, b. Provided for the participation of private companies engaged in public transportation to the maximum extent feasible, and c. Paid just compensation under State or local laws to the company for any franchise or property acquired, and 2. Your Applicant has completed the actions described in subsection 1 of this Certification before it: a. Acquires the property or an interest in the property of a private provider of public transportation, or b. Operates public transportation equipment or facilities: (1) In competition with transportation service provided by an existing public transportation operator, or (2) In addition to transportation service provided by an existing public transportation operator. B. Charter Service Agreement. You must enter into the Charter Service Agreement in Group 03.B on behalf of your Applicant if you apply for funding to acquire or operate transit facilities and equipment, unless your Applicant qualifies for an exception under Federal law and regulations. As required by 49 U.S.C. 5323(d) and (g) and FTA regulations, “Charter Service,” 49 CFR part 604, specifically 49 CFR 604.4, on behalf of your Applicant, you are entering into the following Charter Service Agreement:  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 1. General Requirements. FTA’s “Charter Service” regulations apply as follows: a. FTA’s Charter Service