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

Applicant will not spend any Federal funds appropriated under 49 U.S.C. chapter 53 to acquire that bus until: (1) The bus has been tested at FTA’s bus testing facility, and (2) It has received a copy of the test report prepared on that new bus model, and b. Your Applicant will not authorize final acceptance of the bus until: (1) The bus has been tested at FTA’s bus testing facility, (2) It has received a copy of the test report prepared on that new bus model, 3. Your Applicant will ensure that the bus that is tested has met the performance standards consistent with those regulations, including: a. Performance standards for: (1) Maintainability, (2) Reliability, (3) Performance (including braking performance), (4) Structural integrity, (5) Fuel economy, (6) Emissions, and (7) Noise, and b. Minimum safety performance standards established under 49 U.S.C. 5329, as amended by MAP-21, and 4. After FTA has issued regulations authorized by 49 U.S.C. 5318(e)(2), as amended by MAP-21, your Applicant will ensure that the bus that is tested has received a passing aggregate test score under the “Pass/Fail” standard established under 49 U.S.C. 5318(e)(2), as amended by MAP-21. GROUP 06. DEMAND RESPONSIVE SERVICE. You must select the Certification in Group 06 on behalf of your Applicant if your  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Applicant is a public entity, operates demand responsive service and intends to use FTA funding to acquire a non-rail vehicle that is not accessible, but financed with FTA funds 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53, as amended by MAP-21, or  Former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead.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 a non-rail transit vehicle that is not accessible, you must select the Certification in Group 06 on behalf of your Applicant. Any provision of the Certification in Group 06 that does not apply will not be enforced. As required by U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37, specifically 49 CFR 37.77(d), on behalf of your Applicant, you certify that: 1. Your Applicant offers public transportation services equivalent in level and quality of service to: a. Individuals with disabilities, including individuals who use wheelchairs, and b. Individuals without disabilities, and 2. Viewed in its entirety, your Applicant’s service for individuals with disabilities is: a. Provided in the most integrated setting feasible, and b. Equivalent to the service it offers individuals without disabilities with respect to: (1) Response time, (2) Fares, (3) Geographic service area, (4) Hours and days of service, (5) Restrictions on priorities based on trip purpose, (6) Availability of information and reservation capability, and (7) Constraints on capacity or service availability. GROUP 07. INTELLIGENT TRANSPORTATION SYSTEMS. You must select the Assurance in Group 07 on behalf of your Applicant if your Applicant applies for Federal funding to support:  An Intelligent Transportation Systems (ITS) Project, or  A Project in support of an ITS Project.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 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 support an ITS Project or a Project that supports an ITS project, you must select the Assurances in Group 07 on behalf of your Applicant. Any provision of the Assurance in Group 07 that does not apply will not be enforced. On behalf of your Applicant, you assure that: 1. As used in this assurance, the term Intelligent Transportation Systems (ITS) Project is defined to include any Project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the “National ITS Architecture,” and 2. As provided in 23 U.S.C. 517(d), any ITS Project your Applicant undertakes that is funded with appropriations made available from the Highway Trust Fund, including amounts made available to deploy intelligent transportation systems, will conform to the appropriate regional ITS architecture, applicable standards, and protocols developed under 23 U.S.C. 517(a) or (c), unless your Applicant obtains a waiver as provided in 23 U.S.C. 517(d)(2). GROUP 08. INTEREST AND FINANCING COSTS AND LEASING COSTS. You must select the Certifications in Group 08 on behalf of your Applicant if your Applicant’s Project involves interest, financing or leasing costs supported with FTA funds 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.  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Except as FTA determines otherwise in writing, before FTA may provide funding for the interest, financing or leasing costs that are a part of or connected with your Applicant’s Project, you must select the Certifications in Group 08 on behalf of your Applicant. Any provision of the Certifications in Group 08 that does not apply will not be enforced. A. Interest and Financing Costs. You must select the Certification in Group 08.A if your Applicant intends to reimburse interest or other financing costs for Projects funded by the Urbanized Area Formula Program, Fixed Guideway Capital Investment Program, or the New Starts or Small Starts Program within the Capital Investment Program. On behalf of your Applicant, you certify that: 1. Your Applicant will not seek reimbursement for interest or other financing costs unless: a. It is eligible to receive Federal funding for those costs, and b. Its records demonstrate that it has shown reasonable diligence in seeking the most favorable financing terms, to the extent FTA may require, and 2. Your Applicant will comply with the same favorable financing cost provisions for: a. Urbanized Area Formula Projects funded by MAP-21 or previous FTA enabling legislation, b. Projects under Full Funding Grant Agreements funded by MAP-21 or previous FTA enabling legislation, c. Projects with Early Systems Work Agreements funded by MAP-21 or previous FTA enabling legislation, d. Fixed Guideway Capital Investment Projects funded by previous FTA enabling legislation, e. State of Good Repair Projects funded by MAP-21, f. Bus and Bus Facilities Projects funded by MAP-21, and g. Low or No Emission Vehicle Development Projects funded by MAP-21. B. Acquisition of Capital Assets by Lease. You must select the Certification in Group 08.B if your Applicant intends to use FTA funding to acquire capital assets through a lease. On behalf of your Applicant, you certify and assure that, as required by FTA regulations, “Capital Leases,” 49 CFR part 639, specifically 49 CFR 639.15(b)(1) and 49 CFR 639.21, if your Applicant acquires any capital asset through a lease financed with Federal funding authorized under 49 U.S.C. chapter 53: 1. Your Applicant will not use Federal funding authorized under 49 U.S.C. chapter 53 to finance the cost of leasing any capital asset until: a. It performs calculations demonstrating that leasing the capital asset would be  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES more cost-effective than purchasing or constructing a similar asset, and b. It completes these calculations before the later of: (1) Entering into the lease, or (2) Receiving a capital grant for the asset, and 2. Your Applicant will not enter into a capital lease for which FTA can provide only incremental Federal funding unless your Applicant has adequate financial resources to meet its future lease obligations if Federal funding is not available. GROUP 09. TRANSIT ASSET MANAGEMENT AND AGENCY SAFETY PLANS. Except as FTA determines otherwise in writing, you must select the Certifications in Group 09 on behalf of your Applicant if your Applicant seeks FTA funds 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, including:  Transit Asset Management Provisions (and Asset Inventory and Condition Reporting), and  Agency Safety Plans. 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 made available or appropriated for 49 U.S.C. chapter 53, you must select the Certifications in Group 09 on behalf of your Applicant. Any provision of the Certifications in Group 09 that does not apply will not be enforced. A. Transit Asset Management Plan. You must select the