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

Certification in Group 09.A on behalf of your Applicant if your Applicant applies, as a direct Recipient, of funding made available or appropriated for 49 U.S.C. chapter 53, as amended by MAP-21 or for former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded MAP-21 cross- cutting requirement, “Transit Asset Management Provisions (and Asset Inventory and Condition Reporting)” instead. On behalf of your Applicant, you certify that your Applicant will comply, and each Subrecipient will:  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 1. Follow Federal guidance issued that implements transit asset management system provisions of 49 U.S.C. 5326, as amended by MAP-21, except as FTA determines otherwise in writing, and 2. Comply with the final Federal regulations that implement the transit asset management system required by 49 U.S.C. 5326, as amended by MAP-21, after those regulations have been issued as required by 49 U.S.C. 5326(e), as amended by MAP-21. B. Public Transportation Agency Safety Plan. You must select the Certification in Group 09.B on behalf of your Applicant if your Applicant is a State government, local government, or any other operator of a public transportation system and seeks funding made available or appropriated for 49 U.S.C. chapter 53, as amended by MAP-21, or for former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded by the MAP-21 cross-cutting requirement, “Agency Safety Plans.” On behalf of your Applicant, you certify that your Applicant will: 1. Follow Federal guidance issued that implements the safety plan provisions of 49 U.S.C. § 5329(a) – (d), as amended by MAP-21, except as FTA determines otherwise in writing, and 2. Comply with the final Federal regulations that implement the safety plan requirements of 49 U.S.C. § 5329(a) – (d), as amended by MAP-21, after within one year after FTA has issued that plan as required by 49 U.S.C. 5329(b), as amended by MAP-21. GROUP 10. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. Except as FTA determines otherwise in writing, you must select the Certification in Group 10 on behalf of your Applicant if your Applicant is required to comply with the alcohol and controlled substance testing requirements of:  49 U.S.C. 5331, as amended by MAP-21, or  Former 49 U.S.C. 5331 in effect in FY 2012 or a previous fiscal year, except as superseded instead by the MAP-21 cross-cutting requirement, “Alcohol and Controlled Substance Testing.” 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 your Applicant’s Project, you must select the Certification in Group 10 on behalf of your Applicant. Any provision of the Certification that does not apply will not be enforced. As required by 49 U.S.C. 5331, as amended by MAP-21, and FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” specifically 49 CFR part 655, subpart I, on behalf of your Applicant, you certify that: 1. Your Applicant has established and implemented: a. An alcohol misuse testing program, and b. A controlled substance testing program, 2. Your Applicant has complied with or will comply with all applicable requirements of 49 CFR part 655 to the extent those regulations are consistent with 49 U.S.C. 5331, as amended by MAP-21, and 3. Further, should your Applicant reside in a State that permits marijuana use for medical or recreational purposes, your Applicant has complied or will comply with the Federal controlled substance testing requirements of 49 CFR part 655. GROUP 11. FIXED GUIDEWAY CAPITAL INVESTMENT PROGRAM (NEW STARTS, SMALL STARTS, AND CORE CAPACITY) AND CAPITAL INVESTMENT PROGRAM IN EFFECT BEFORE MAP-21. The Certification in Group 11 is in addition to other Certifications and Assurances listed previously that are required for the New Starts, Small Starts, or Core Capacity Programs within the MAP-21 Fixed Guideway Capital Investment Program and also for the Capital Investment Program financed with funds made available or appropriated for former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year. 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 Certification in Group 11 on behalf of your Applicant if your Applicant seeks financing for its:  Fixed Guideway Capital Investment Program Project financed with funds made available or appropriated for 49 U.S.C. 5309, as amended by MAP-21, or  Capital Investment Project financed with funds made available or appropriated for former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. FTA has determined that MAP-21 requirements will apply to all funding for New Starts,  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Small Starts, or Core Capacity projects irrespective of whether they are financed with MAP-21 funds or funds made available or appropriated for FY 2012 or a previous fiscal year. Except as FTA determines otherwise in writing, before FTA may provide funding for your Applicant’s New Starts, Small Starts, or Core Capacity Project, you must select the Certification in Group 11 on behalf of your Applicant. Any provision of the Certification in Group 11 that does not apply will not be enforced. Except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. Your Applicant has or will have the: a. Legal capacity to carry out its proposed Projects, b. Financial capacity to carry out its proposed Projects, c. Technical capacity to carry out its proposed Projects, d. Necessary capacity to carry out the safety aspects of its proposed Projects, and e. Necessary capacity to carry out the security aspects of its proposed Projects, 2. Your Applicant has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Your Applicant will maintain its Project equipment and facilities adequately, and 4. Your Applicant will comply with: a. The Metropolitan Planning requirements of 49 U.S.C. 5303, as amended by MAP-21, and b. The State Planning requirements of 49 U.S.C. 5304, as amended by MAP-21. GROUP 12. STATE OF GOOD REPAIR PROGRAM. Although 49 U.S.C. 5337, as amended by MAP-21, did not require special Certifications and Assurances for the State of Good Repair Program, other Certifications and Assurances within Appendix A to this Notice are required for State of Good Repair 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 the 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. Therefore, we encourage you to select the Certification in Group 12 if your Applicant seeks State of Good Repair Program funding authorized by 49 U.S.C. 5337, as amended by MAP-21. On behalf of your Applicant, you certify that:  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 1. Your Applicant has or will have the: a. Legal capacity to carry out its proposed Projects, b. Financial capacity to carry out its proposed Projects, c. Technical capacity to carry out its proposed Projects, d. Necessary capacity to carry out the safety aspects of its proposed Projects, and e. Necessary capacity to carry out the security aspects of its proposed Projects, 2. Your Applicant has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Your Applicant will maintain its Project equipment and facilities adequately, and 4. Your Applicant will comply with: a. The Metropolitan Planning requirements of 49 U.S.C. 5303, as amended by MAP-21, and b. The State Planning requirements of 49 U.S.C. 5304, as amended by MAP-21. GROUP 13. FIXED GUIDEWAY MODERNIZATION GRANT PROGRAM. The Certification in Group 13 is in addition to other Certifications and Assurances listed previously that are required for Fixed Guideway Modernization Grant 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 the applicable Certifications and Assurances selected on behalf of your Applicant. Except as FTA determines otherwise in writing, you must select the Certifications in Group 13 on behalf of your Applicant if your Applicant seeks funding for its Fixed Guideway Modernization Project under 49 U.S.C. 5309(b)(2) in effect in FY 2012 or a previous fiscal year. In administering this program, MAP-21 cross-cutting requirements supersede inconsistent former requirements. Before FTA may provide funding made available or appropriated for any of these Projects, on behalf of your Applicant, you must have selected the Certification in Group 13 and other Certifications and Assurances listed previously that are required for the funding your Applicant seeks. Any provision of the Certification in Group 13 that does not apply will not be enforced. The following Certifications for Fixed Guideway Modernization Grant Program funding are required by former 49 U.S.C. 5309(c)(2) and former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. Therefore, except as FTA determines otherwise in  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES writing, on behalf of your Applicant, you certify that: 1. Your Applicant has or will have the: a. Legal capacity to carry out its proposed Projects, b. Financial capacity to carry out its proposed