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

regulations restrict transportation by charter service using facilities and equipment acquired by FTA recipients for transportation Projects with Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, or (2) 23 U.S.C. 133 or 142, b. FTA’s charter service restrictions extend to: (1) Your Applicant, when it becomes a recipient of Federal funding authorized for or made available for: (a) Federal transit laws, 49 U.S.C. chapter 53, or (b) 23 U.S.C. 133 or 142, (2) Any Third Party Participant that receives Federal funding derived from: (a) Federal transit laws, 49 U.S.C. chapter 53, or (b) 23 U.S.C. 133 or 142, c. A Third Party Participant includes any: (1) Subrecipient at any tier, (2) Lessee, (3) Third Party Contractor or Subcontractor at any Tier, and (4) Other Third Party Participant in your Applicant’s Project, d. You and your Applicant agree that neither it nor any governmental authority or publicly owned operator that receives FTA funding made available or authorized for your Applicant’s Project will engage in charter service operations, except as permitted under: (1) Federal transit laws, specifically 49 U.S.C. 5323(d) and (g), (2) FTA regulations, “Charter Service,” 49 CFR part 604, to the extent consistent with 49 U.S.C. 5323(d) and (g), (3) Any other Federal Charter Service regulations, or (4) Federal guidance, except as FTA determines otherwise in writing, e. You and your Applicant agree that the latest Charter Service Agreement it has selected in its latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and f. You and your Applicant agree that: (1) FTA may require corrective measures or impose remedies on it or any governmental authority or publicly owned operator that receives FTA funding made available or authorized for its Project that has engaged in a pattern of violations of FTA’s Charter Service regulations by: (a) Conducting charter operations prohibited by Federal transit laws and FTA’s Charter Service regulations, or (b) Otherwise violating your Applicant’s Charter Service Agreement it has elected in its latest annual Certifications and Assurances, and (2) These corrective measures and remedies may include: (a) Barring Your Applicant or any Third Party Participant operating public transportation under the Project that has provided prohibited  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES charter service from receiving FTA funds, (b) Withholding an amount of Federal funds as provided by Appendix D to FTA’s Charter Service regulations, or (c) Any other appropriate remedy that may apply, and 2. Exceptions. Apart from exceptions to the charter service restrictions in FTA’s Charter Service Regulations, FTA has established the following additional exceptions to those restrictions: a. FTA’s Charter Service restrictions do not apply to your Applicant seeking funding made available or appropriated for 49 U.S.C. 5307 to be used for Job Access and Reverse Commute (JARC) activities that would have been eligible for assistance under repealed 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, provided that your Applicant uses that FTA funding for program purposes only, b. FTA’s Charter Service restrictions do not apply to your Applicant seeking funding made available or appropriated for 49 U.S.C. 5310 to be used for New Freedom activities that would have been eligible for assistance under repealed 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year, provided your Applicant uses that FTA funding for program purposes only, and c. An Applicant for assistance under 49 U.S.C. chapter 53 will not be determined to have violated the FTA Charter Service regulations if that recipient provides a private intercity or charter transportation operator reasonable access to that recipient’s federally funded public transportation facilities, including intermodal facilities, park and ride lots, and bus-only highway lanes as specified in 49 U.S.C. 5323(r), as amended by MAP-21. C. School Bus Agreement. You must enter into the School Bus Agreement in Group 03.C 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(f) and (g), as amended by MAP-21, and FTA regulations, “School Bus Operations,” 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(f) and (g), as amended by MAP-21, on behalf of your Applicant, you are entering into the following School Bus Agreement: 1. FTA’s “School Bus Operations” regulations restrict school bus operations (as defined in the FTA regulations) using facilities and equipment acquired with Federal funding derived from: a. Federal transit laws, 49 U.S.C. chapter 53, or b. 23 U.S.C. 133 or 142, 2. FTA’s school bus operations restrictions extend to: a. Your Applicant, when it becomes a recipient of Federal funding made available or authorized for:  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES (1) Federal transit laws, 49 U.S.C. chapter 53, or (2) 23 U.S.C. 133 or 142, b. Any Third Party Participant that receives Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, or (2) 23 U.S.C. 133 or 142, 3. A Third Party Participant includes any: a. Subrecipient at any tier, b. Lessee, c. Third Party Contractor or Subcontractor at any tier, and d. Other Third Party Participant in the Project, 4. You and your Applicant agree, and will obtain the agreement of any Third Party Participant involved in your Applicant’s Project, that it will not engage in school bus operations in competition with private operators of school buses, except as permitted under: a. Federal transit laws, specifically 49 U.S.C. 5323(f) and (g), as amended by MAP-21, b. FTA regulations, “School Bus Operations,” 49 CFR Part 605, to the extent consistent with 49 U.S.C. 5323(f) and (g), as amended by MAP-21, c. Any other Federal School Bus regulations, or d. Federal guidance, except as FTA determines otherwise in writing, 5. You and your Applicant agree that the latest School Bus Agreement you have selected on its behalf in FTA’s latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and 6. You and your Applicant agree that FTA will bar your Applicant or any Third Party Participant that has violated this School Bus Agreement from receiving Federal transit funding in an amount FTA considers appropriate. GROUP 04. PROCUREMENT AND PROCUREMENT SYSTEM. We request that you select the Procurement and Procurement System Certification, on behalf of your Applicant, by selecting the Certification in Group 04, especially if your Applicant is a State, local, or Indian tribal government with a certified procurement system, as provided in 49 CFR 18.36(g)(3)(ii). 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. Any provision of the Certification in Group 04 that does not apply will not be enforced.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES On behalf of your Applicant, you certify that your Applicant’s procurements and procurement system will comply with all Federal laws and regulations in accordance with applicable Federal guidance, except to the extent FTA has approved otherwise in writing. GROUP 05. ROLLING STOCK REVIEWS AND BUS TESTING. You must select the Certifications in Group 05 on behalf of your Applicant if your Applicant, using FTA funds, intends to acquire:  Rolling stock for use in revenue service. or  A new bus model. The Certifications in Group 05 are required for such acquisitions listed above regardless of whether the FTA funds used were made available or appropriated for:  49 U.S.C. chapter 53, as amended by MAP-21, or  Former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. 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 to acquire rolling stock or a new bus model, you must select the Certifications in Group 05 on behalf of your Applicant. Any provision of the Certifications in Group 05 that does not apply will not be enforced. A. Rolling Stock Reviews. (If your Applicant seeks FTA funding for rolling stock for use in revenue service.) On behalf of your Applicant, you certify that in procuring revenue service rolling stock for use in revenue service: 1. Your Applicant will comply with: a. Federal transit laws, specifically 49 U.S.C. 5323(m), and b. FTA regulations, “Pre-Award and Post-Delivery Audits of Rolling Stock Purchases,” 49 CFR part 663, and 2 As provided in 49 CFR 663.7: a. Your Applicant will conduct or cause to be conducted the required pre-award and post-delivery reviews, and  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES b. Your Applicant will maintain on file the Certifications required by 49 CFR part 663, subparts B, C, and D. B. Bus Testing. (If your Applicant seeks FTA funding to acquire a new bus model.) On behalf of your Applicant, you certify that: 1. Because the MAP-21 cross-cutting requirement “Bus Testing” applies to all acquisitions of new buses and new bus models that require bus testing, your Applicant will comply with: a. 49 U.S.C. 5318, as amended by MAP-21, and b. FTA regulations, “Bus Testing,” 49 CFR part 665, to the extent these regulations are consistent with 49 U.S.C. 5318, as amended by MAP-21, 2. As required by 49 CFR 665.7, when acquiring the first bus of any new bus model or a bus model with a major change in components or configuration: a. Your