Okaloosa County BOCC — February 18, 2014 — reading text

applicable, it will comply with, and require its Subrecipients to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). 16.B. Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program, former 49 U.S.C. 5310 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, the Certifications in Group 16.B apply to your Applicant, except as FTA determines otherwise in writing. 1. The following Certifications for the Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program are required by former 49 U.S.C. 5310 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your State Applicant, you certify that: a. Each of your State Applicant’s Subrecipients is: (1) A private nonprofit organization, if the public transportation service that Packet Pg. 982  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES would undertake public transportation capital Project(s) planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities is: (a) Unavailable, (b) Insufficient, or (c) Inappropriate, or (2) A State or local governmental authority that: (a) Is approved by a State to coordinate services for seniors and individuals with disabilities, or (b) Certifies that there are not any nonprofit organizations readily available in the area to provide public transportation capital Projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities, b. The Projects your State Applicant has selected or will select for funding appropriated or made available for former 49 U.S.C. 5310 are included in a public transit-human services transportation plan that has been: (1) Locally developed, and (2) Coordinated, c. That public transit-human services transportation plan was developed and approved through a process that included participation by: (1) Elderly Individuals, (2) Individuals with disabilities, (3) Representatives of public, private, and nonprofit transportation providers, (4) Representatives of human services providers, and (5) Other members of the public, d. If your State Applicant allocates funds received under former 49 U.S.C. 5310 to Subrecipients, your State Applicant will have allocated those funds on a fair and equitable basis, e. The Program of Projects your State Applicant has submitted or will submit contains or will contain an assurance that the Program provides for the maximum feasible coordination of transportation services funded by former 49 U.S.C. 5310 with transportation services funded by other Government sources, f. If your State Applicant transfers former 49 U.S.C. 5310 funds to another Project funded under 49 U.S.C. 5336 in accordance with former 49 U.S.C. 5310(b)(2), the Project for which the funds are requested has been coordinated with private nonprofit providers of service under former 49 U.S.C. 5310, and g. It will comply with the requirements of former 49 U.S.C. 5307 that FTA determined will apply to the former Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program, 2. The following Certifications for the Special Needs of Elderly Individuals and Individuals with Disabilities Program are required by former 49 U.S.C. 5307(d)(1). Therefore, except as FTA determines otherwise in writing, on behalf of your State Applicant, you certify that: a. Your State Applicant and each of its Subrecipients have or will have the following to carry out its proposed Project(s), including the safety and security Packet Pg. 983  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES aspects of the proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. Your State Applicant and each Subrecipient has or will have satisfactory continuing control over the use of Project equipment and facilities, c. Your State Applicant and each of its Subrecipients will maintain its Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5310, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and (6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, f. Your State Applicant: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share by former 49 U.S.C. 5310(c)(2), (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from sources approved by FTA, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, g. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, and h. To the extent applicable, your State Applicant will comply with and, as necessary, will require each Subrecipient to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). 16.C. New Freedom Program. If your Applicant seeks FTA funding for its Project under the New Freedom Program, former 49 U.S.C. 5317, in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, the Certifications in Group 16.C apply to your Applicant, except as FTA determines otherwise in writing. 1. Former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year requires the following Certification for the New Freedom Program. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. It will make awards of New Freedom funding on a competitive basis after conducting: Packet Pg. 984  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (1) An areawide solicitation in cooperation with the appropriate metropolitan planning organization for applications for funding in compliance with former 49 U.S.C. 5317(d)(1), or (2) A statewide solicitation for applications for New Freedom funding in compliance with former 49 U.S.C. 5317(d)(2), b. Any allocations to Subrecipients of New Freedom funding authorized by former 49 U.S.C. 5317 will be distributed on a fair and equitable basis, c. It will comply with the following Project selection and planning requirements: (1) The Projects it has selected or will select for funding appropriated or made available for that program were derived from a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, (2) That locally developed and coordinated plan was produced through a process that included: (a) Representatives of public, private, and nonprofit transportation providers, (b) Representatives of public, private, and nonprofit human services providers, and (c) Participation by the public, d. Before it transfers funds to a Project funded by former 49 U.S.C. 5311(c), former 49 U.S.C. 5336, or both: (1) The funding to be transferred may be made available only to Projects eligible for funding appropriated or made available for former 49 U.S.C. 5317, and (2) It will have consulted with responsible local officials and publicly owned operators of public transportation in each area for which the amount to be transferred was originally awarded, e. The requirements of former 49 U.S.C. 5307 and 5310, as determined by FTA, will apply to the New Freedom Program, authorized by former 49 U.S.C. 5317, and 2. The following Certifications for the New Freedom Program are required by former 49 U.S.C. 5307(d)(1) and 5310. Therefore, except as FTA determines otherwise in writing, on its behalf, you certify that: a. It has or will have, and will require each Subrecipient to have, the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. It has or will have, and will require each Subrecipient to have, satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain, and will require each Subrecipient to maintain, its Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5317, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by Packet Pg. 985  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and (6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, f. It: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share required by former 49 U.S.C. 5317(g), (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from sources approved by FTA, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, g. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, and