Okaloosa County BOCC — February 18, 2014 — 2014 Certs and Assurances — reading text

FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES PREFACE Except as the Federal Transit Administration (FTA or We) determines otherwise in writing, before FTA may award Federal transit assistance (funding or funds) to support a public transportation Project, an Authorized Representative (You) of the Project sponsor (Applicant) must select certain Certifications and Assurances required by Federal law or regulation. The Authorized Representative must be duly authorized by the Applicant to, among other things, sign these Certifications and Assurances and bind the Applicant’s compliance. You, as the Authorized Representative, must select all Certifications and Assurances required of your Applicant (or it) to support its applications for FTA funding during Federal fiscal year (FY) 2014. We request that you read each Certification and Assurance and select those that will apply to all Projects for which your Applicant might seek FTA funding. As required by Federal law and regulation, only if you select adequate Certifications and Assurances on your Applicant’s behalf, may FTA award Federal funding for its Project. We have consolidated our Certifications and Assurances into twenty-four (24) Groups. At a minimum, you must select the Assurances in Group 01 on your Applicant’s behalf. If your Applicant requests more than $100,000, you must also select the “Lobbying” Certification in Group 02, unless it is an Indian tribe or organization or a tribal organization. Depending on the nature of your Applicant and its Project, you may also need to select some Certifications and Assurances in Groups 03 through 24. However, instead of selecting individual Groups of Certifications and Assurances, you may make a single selection that will encompass all twenty-four (24) Groups of Certifications and Assurances that apply to all our programs. FTA, your Applicant, and you understand and agree that not every provision of these twenty-four (24) Groups of Certifications and Assurances will apply to every Applicant or every Project FTA funds even if you make a single selection encompassing all twenty- four (24) Groups. Nor will every provision of all Certifications and Assurances within a single Group apply if that provision does not apply to your Applicant or its Project. The type of Project and Applicant will determine which Certifications and Assurances apply. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its 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(s) to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. If your Applicant is a team, a consortium, a joint venture, or a partnership, it understands and agrees that you must identify the activities each member will perform and the extent to which each member will be responsible for compliance with the  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Certifications and Assurances you select on its behalf, except as FTA determines otherwise in writing. It is important that your Applicant and You also understand that these Certifications and Assurances are pre-award requirements, generally imposed by Federal law or regulation, and do not include all Federal requirements that may apply to it or its Project. Our FTA Master Agreement MA(20) for Federal FY 2014, available at http://www.fta.dot.gov, contains a list of most of those requirements. We expect You to submit your Applicant’s FY 2014 Certifications and Assurances and its applications for funding in TEAM-Web. You must be registered in TEAM-Web to submit the FTA FY 2014 Certifications and Assurances on its behalf. The TEAM-Web “Recipients” option at the “Cert’s & Assurances” tab of the “View/Modify Recipients” page contains fields for selecting among the twenty-four (24) Groups of Certifications and Assurances and a designated field for selecting all twenty-four (24) Groups of Certifications and Assurances. If FTA agrees that you cannot submit your Applicant’s FY 2014 Certifications and Assurances electronically, you must submit the Signature Page(s) in Appendix A of this Notice, as FTA directs, marked to show the Groups of Certifications and Assurances it is submitting. Be aware that these Certifications and Assurances have been prepared in light of: • FTA’s latest authorization legislation, Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, June 6, 2012, • The Continuing Appropriations Act, 2014, Pub. L. 113-46, October 17, 2013, • The Consolidated and Further Continuing Appropriations Act, 2013, Pub. L. 113-6, March 26, 2013, • The Continuing Appropriations Resolution, 2013 (CR), Pub. L. 112-175, September 28, 2012, and • FTA’s authorizing legislation in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. With certain exceptions, Projects financed in FY 2014 with funds appropriated or made available for FY 2012 or a previous fiscal year must be in compliance with the requirements for that type of Project in effect during the fiscal year for which the funding was derived, except as superseded by MAP-21 cross-cutting requirements that apply. GROUP 01. REQUIRED CERTIFICATIONS AND ASSURANCES FOR EACH APPLICANT. Before FTA may provide funding for your Applicant’s Project, in addition to any other Certifications and Assurances that you must select on behalf of your Applicant, you must also select the Certifications and Assurances in Group 01, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its 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 Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 01 that does not apply will not be enforced. 1.A. Assurance of Authority of the Applicant and Its Authorized Representative. You certify that both you, as your Applicant’s Authorized Representative, and your Applicant’s attorney, who is authorized to represent the Applicant in legal matters, who sign these Certifications, Assurances, and Agreements, may undertake the following activities on its behalf, in compliance with applicable State, local, or Indian tribal laws and regulations, and its by-laws or internal rules: 1. Execute and file its application for Federal funds, 2. Execute and file its Certifications, Assurances, and Agreements binding its compliance, 3. Execute Grant Agreements or Cooperative Agreements, or both, with FTA, 4. Comply with applicable Federal laws and regulations, and 5. Follow applicable Federal guidance. 1.B. Standard Assurances. On behalf of your Applicant, you assure that it understands and agrees to the following: 1. It will comply with all applicable Federal statutes and regulations to carry out any FTA funded Project, 2. It is under a continuing obligation to comply with the terms and conditions of the FTA Grant Agreement or Cooperative Agreement for its Project, including the FTA Master Agreement incorporated by reference and made part of the latest amendment to that Grant Agreement or Cooperative Agreement, 3. It recognizes that Federal laws and regulations may be amended from time to time and those amendments may affect Project implementation, 4. It understands that Presidential executive orders and Federal guidance, including Federal policies and program guidance, may be issued concerning matters affecting it or its Project, 5. It agrees that the most recent Federal laws, regulations, and guidance will apply to its Project, except as FTA determines otherwise in writing, 6. In light of recent FTA legislation applicable to FTA, except as FTA determines otherwise in writing, it agrees that requirements for FTA programs may vary depending on the fiscal year for which the funding for those programs was appropriated: a. In some instances, FTA has determined that Federal statutory or regulatory  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES program and eligibility requirements for FY 2012 or a specific previous fiscal year, except as superseded by applicable MAP-21 cross-cutting requirements, apply to: (1) New grants and cooperative agreements, and (2) New amendments to grants and cooperative agreements that: (a) Have been awarded Federal funds appropriated or made available for FY 2012 or the previous fiscal year, or (b) May be awarded Federal funds appropriated or made available for FY 2012 or the previous fiscal year, but b. In other instances, FTA has determined that MAP-21 will apply to the Federal funds appropriated or made available for FY 2012 or a previous fiscal year, and c. For all FTA funded Projects, the following MAP-21 cross-cutting requirements supersede conflicting provisions of previous Federal law and regulations: (1) Metropolitan and Statewide and Nonmetropolitan Transportation Planning, (2) Environmental Review Process, (3) Public Transportation Agency Safety Plans, (4) Transit Asset Management Provisions (and Asset Inventory and Condition Reporting), (5) Costs Incurred by Providers of Public Transportation by Vanpool, (6) Revenue Bonds as Local Match, (7) Debt Service Reserve, (8) Government’s Share of Cost of Vehicles, Vehicle-Equipment, and Facilities for ADA and Clean Air Act Compliance, (9) Private Sector Participation, (10) Bus Testing, (11) Buy America, (12) Corridor Preservation, (13) Rail Car Procurements, (14) Veterans Preference/Employment, (15) Alcohol and Controlled Substance Testing, and (16) Other provisions as FTA may determine. 1 1.C. Intergovernmental Review Assurance. (The assurance in Group 01.C does not apply to an Indian tribe, an Indian organization or a tribal organization that applies for funding made available for FTA’s Tribal Transit Programs authorized by 49 U.S.C. 5311(c)(1). As required by U.S. Department of Transportation (U.S. DOT) regulations, “Intergovernmental Review of Department of Transportation Programs and Activities,” 49 CFR part 17, on behalf of your Applicant, you assure that your Applicant has 1 More information about these matters appears in the Federal Transit Administration, “Notice of FTA Transit Program Changes, Authorized Funding Levels and Implementation of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and FTA FY 2013 Apportionments, Allocations, Program Information and Interim Guidance,” 77 Fed. Reg. 663670, Oct. 16, 2012.  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES submitted or will submit each application for Federal funding to the appropriate State and local agencies for intergovernmental review, to facilitate compliance with those regulations. 1.D. Nondiscrimination Assurance. On behalf of your Applicant, you assure that: 1. It will comply