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

equipment of a TIFIA-financed Project, a fare that is not  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES more than fifty (50) percent of the peak hour fare will be charged to the following individuals: (1) A senior, (2) An individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, or (3) Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), and (4) Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e. When carrying out a TIFIA-funded procurement, it will comply with: (1) 49 U.S.C. 5323, and (2) 49 U.S.C. 5325, f. It has complied with or will comply with 49 U.S.C. 5307(b), because it: (1) Has made or will make available to the public information on amounts of its TIFIA funding request(s), (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, (3) Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, (5) Has ensured or will ensure that the proposed Program of Projects provides for coordination of public transportation services funded by FTA under 49 U.S.C. 5336 and U.S. DOT under TIFIA with federally funded transportation services supported by other United States Government sources, (6) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and (7) Has made or will make the final Program of Projects available to the public, g. It: (1) Has or will have at least (twenty) 20 percent of the TIFIA net Project costs 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 will comply with: (1) The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and (2) The Statewide and Nonmetropolitan Planning requirements of 49 U.S.C. 5304,  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 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, and j. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d), 2. To comply with the interest and financing costs restrictions of 49 U.S.C. chapter 53, it agrees that it will not seek reimbursement for interest and other financing costs incurred in connection with its Project that must be in compliance with those requirements unless: a. It is eligible to receive Federal funding for those expenses, and b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 4. The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 5321 et seq., and will receive an environmental categorical exclusion, a finding of no significant impact, or a record of decision under NEPA for its Project prior to obligation of funds, and 5. It agrees that it will adopt a transit asset management plan that complies with regulations implementing 49 U.S.C. 5326(d), when required. 24.B. State Infrastructure Banks (SIB) Program. If your Applicant is a State and seeks FTA funding under the SIB Program to deposit in its SIB, the Certifications and Assurances in Group 24.B applies to your State and its Project, except as FTA determines otherwise in writing. On behalf of the State organization serving as your Applicant for funding for its SIB Program, you certify and assure that: 1. It will comply with the following applicable Federal laws establishing the various SIB programs since 1995: a. 23 U.S.C. 610, as amended by MAP-21, b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or d. Section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181, 2. It will comply with or follow the Cooperative Agreement establishing the State’s SIB program between: a. It and FHWA, FRA, and FTA, or b. It and FHWA and FTA, 3. It will comply with or follow the Grant Agreement that provides FTA funding for the SIB and is between it and FTA, including the FTA Master Agreement, which is incorporated by reference into the Grant Agreement, except that any provision of the FTA Master Agreement incorporated by reference into that Grant Agreement will not apply if it conflicts with any provision of: a. 23 U.S.C. 610, as amended by MAP-21,  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181 note, d. Federal guidance pertaining to the SIB Program, e. The Cooperative Agreement establishing the State’s SIB Program, or f. The FTA Grant Agreement, 4. As required by 49 U.S.C. 5323(o), Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, as amended by MAP-21, apply to any Project under 49 U.S.C. chapter 53 that receives SIB support or financing under 23 U.S.C. 610 (or any support from 23 U.S.C. 601 – 609), 5. As required by 49 U.S.C. 5323(o) and 49 U.S.C. 5307(d)(1): a. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of those 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 equipment of a SIB-financed Project, a fare that is not more than fifty (50) percent of the peak hour fare will be charged to the following individuals: (1) A senior, (2) An individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, (3) An individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), or (4) An individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e. When carrying out a procurement under a SIB-financed Project, it will comply with the: (1) General Provisions of 49 U.S.C. 5323, and (2) Third Party Contract Provisions of 49 U.S.C. 5325, f. It has complied with or will comply with 49 U.S.C. 5307(b), because it: (1) Has made or will make available to the public information on amounts of its funding requested under the SIB program, (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, (3) Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, (5) Has ensured or will ensure that the proposed Program of Projects provide for coordination of public transportation services funded by FTA under 49 U.S.C. 5336 and the SIB Program with federally funded transportation services supported by other United States Government sources, (6) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and (7) Has made or will make the final Program of Projects available to the public, g. It: (1) Has or will have the amount of funds required for the local share by the SIB Program, but not less than twenty-five (25) percent of each capitalization grant, (2) Will provide the local share funds from sources approved by FTA, and (3) Will provide the local share funds when needed, h. It will comply with the: (1) The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and (2) The Statewide and Nonmetropolitan Planning requirements of 49 U.S.C. 5304, 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, and j. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d), 2. As required by 49 U.S.C. chapter 53, it certifies that it will not seek reimbursement for interest and other financing costs incurred in connection with its Project unless: a. It is eligible to receive Federal funding for those expenses, and b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require, and 3. It agrees that it will adopt a transit asset management plan that complies with regulations implementing 49 U.S.C. 5326(d). Selection and Signature Page(s) follow.  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES FEDERAL FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of Applicant: ____________________________________________________________ The Applicant agrees to comply with applicable provisions of Groups 01 – 24. ______