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

U.S.C. 5320 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply.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 Applicant, you certify that: a. It will consult with the appropriate Federal land management agency during the planning process, and b. The requirements of former 49 U.S.C. 5307, as determined by FTA, will apply to the Parks Program, authorized by former 49 U.S.C. 5320, and 2. FTA has determined certain requirements of former 49 U.S.C. 5307 to be appropriate for the Parks Program, of which some require Certifications. Therefore as specified under former 49 U.S.C. 5307(d)(1) except as superseded by MAP-21 cross-cutting requirements that apply, you certify that: a. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): (1) Legal capacity, (2) Financial capacity, and  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) Technical capacity, b. It has or will have satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain the Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5320, 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. It has complied or will comply with the requirements of former 49 U.S.C. 5307(c). Specifically, it: (1) Has made or will make available to the public information on the amounts available for the Parks Program, former 49 U.S.C. 5320, and the Projects it proposes to undertake, (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, Projects to be financed, (3) Has published or will publish a list of proposed Projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed Projects and submit comments on the proposed Projects and its performance, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed Projects, (5) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of Projects, and (6) Has made or will make the final list of Projects available to the public, g. It: (1) Has or will have the amount of funds required for the local share, (2) Will provide the local share funds from sources approved by FTA, and (3) Will provide the local share funds when needed, h. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304, and i. It has a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation. GROUP 21. STATE SAFETY OVERSIGHT GRANT PROGRAM.  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding for your Applicant’s Project under the State Safety Oversight Grant Program, 49 U.S.C. 5329(e), as amended by MAP-21, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 21, except as FTA may determine otherwise in writing. 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 Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 21 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, 4. When carrying out a procurement for its Project, it will comply with the: a. The Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments, 49 C.F.R. part 18, b. General Provisions of 49 U.S.C. 5323, and c. Third Party Contract Requirements of 49 U.S.C. 5325, 5. As required by 49 U.S.C. 5329(e)(6)(C), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds only from sources approved by FTA, and will not be met by: (1) Any Federal funds, (2) Any funds received from a public transportation agency, or (3) Any revenues earned by a public transportation agency, and c. Will provide the local share funds when needed, 6. It meets the applicable requirements of 49 C.F.R. part 659, Rail Fixed Guideway Systems: State Safety Oversight, and 7. It has received or will receive an FTA certification upon a determination that its State Safety Oversight Program meets the requirements of 49 U.S.C. 5329(e) and is adequate to promote the purposes of 49 U.S.C. 5329. GROUP 22. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding for your Applicant’s Project under the Public Transportation Emergency Relief Program, 49 U.S.C. 5324, as amended by MAP-21, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Assurance in Group 22, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the 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 Assurance in Group 22 that does not apply will not be enforced. As required by 49 U.S.C. 5324(d), on behalf of your Applicant, you assure that it will comply with the requirements of the Certifications and Assurances as FTA determines will apply to an Applicant for funding appropriated or made available for the Public Transportation Emergency Relief Program. GROUP 23. EXPEDITED PROJECT DELIVERY PILOT PROGRAM. Before FTA may provide funding for your Applicant’s Project under the Expedited Project Delivery Pilot Program, section 20008(b)(5)(D) of MAP-21, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certification in Group 23, except as FTA may determine otherwise in writing. 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 Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. To the extent that the Certification in Group 23 does not apply, it will not be enforced. On behalf of your Applicant, you certify that its existing public transportation system or the public transportation system that is the subject of the Project is in a state of good repair, as required by section 20008(b)(5)(D) of MAP-21. GROUP 24. INFRASTRUCTURE FINANCE PROGRAMS. The Certifications in Group 24 apply to the following programs:  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 24.A. The Transportation Infrastructure Finance and Innovation Act (TIFIA) Program, 23 U.S.C. 601-609, except as superseded by MAP-21 cross-cutting requirements that apply, and 24.B. The State Infrastructure Banks (SIB) Program, 23 U.S.C. 610, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide credit assistance under TIFIA for your Applicant’s Project or funding for your Applicant to deposit in a SIB, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 24, except as FTA may determine otherwise in writing. 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 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 24 that does not apply will not be enforced. 24.A. Transportation Infrastructure Finance and Innovation Act (TIFIA) Program. If your Applicant seeks FTA funding for its Project under the TIFIA Program, the Certifications and Assurances in Group 24.A applies to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify and assure, as required by 49 U.S.C. 5323(o), that Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, apply to any Project under 49 U.S.C. chapter 53 that receives TIFIA credit assistance under 23 U.S.C. 601 – 609. 1. To comply with 49 U.S.C. 5307, specifically 49 U.S.C. 5307(d)(1), on its behalf, you certify that: a. It has or will 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 satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain its Project equipment and facilities adequately, d. It will ensure that when, during non-peak hours for transportation using or involving a facility or