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

political activities of State and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds, including a Federal loan, grant agreement, or cooperative agreement, and (2) 49 U.S.C. 5323(l)(2) and 23 U.S.C. 142(g), which provide an exception from Hatch Act restrictions for a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA funding appropriated or made available for 49 U.S.C. chapter 53 and 23 U.S.C. 142(a)(2) to whom the Hatch Act does not otherwise apply, k. Perform the financial and compliance audits as required by the: (1) Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq., (2) U.S. OMB Circular A-133, “Audits of States, Local Governments, and Non- Profit Organizations,” Revised, and (3) Most recent applicable U.S. OMB A-133 Compliance Supplement provisions for the U.S. DOT, l. Comply with all other Federal laws or regulations that apply, and m. Follow Federal guidance governing it and its Project, except to the extent that FTA has expressly approved otherwise in writing. GROUP 02. LOBBYING. Before FTA may provide funding for a Federal grant or cooperative agreement exceeding $100,000 or a Federal loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Lobbying Certifications in Group 02, unless your Applicant is an Indian Tribe exempt from the requirements of 31 U.S.C. 1352 or FTA determines 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  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 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 02 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. As required by 31 U.S.C. 1352 and U.S. DOT regulations, “New Restrictions on Lobbying,” specifically 49 CFR 20.110: a. The lobbying restrictions of this Certification apply to its requests: (1) For $100,000 or more in Federal funding for a grant or cooperative agreement, and (2) For $150,000 or more in Federal funding for a loan, line of credit, or loan guarantee, and b. Your Certification on its behalf applies to the lobbying activities of: (1) It, (2) Its Principals, and (3) Its Subrecipients at the first tier, 2. To the best of your knowledge and belief: a. No Federal appropriated funds have been or will be paid by or on its behalf to any person to influence or attempt to influence: (1) An officer or employee of any Federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and (2) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, b. It will submit a complete OMB Standard Form LLL (Rev. 7-97), “Disclosure of Lobbying Activities,” consistent with its instructions, if any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence: (1) An officer or employee of any Federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and (2) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and c. It will include the language of this Certification in the award documents for all subawards at all tiers, including, but not limited to: (1) Third party contracts, (2) Subcontracts, (3) Subagreements, and  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (4) Other third party agreements under a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, 3. It understands that: a. This Certification is a material representation of fact that the Federal government relies on, and b. It must submit this Certification before the Federal government may award funding for a transaction covered by 31 U.S.C. 1352, including a: (1) Federal grant or cooperative agreement, or (2) Federal loan, line of credit, loan guarantee, or loan insurance, and 4. It also understands that any person who does not file a required Certification will incur a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. GROUP 03. PROCUREMENT AND PROCUREMENT SYSTEMS. We request that you select the Procurement and Procurement Systems Certification in Group 03 on behalf of your Applicant, especially if it is a State, local, or Indian tribal government with a certified procurement system, as provided in 49 CFR 18.36(g)(3)(ii). 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 Certification in Group 03 that does not apply will not be enforced. On behalf of your Applicant, you certify that its procurements and its procurement system will comply with all Federal laws and regulations in accordance with applicable Federal guidance, except to the extent FTA has approved otherwise in writing. GROUP 04. PRIVATE SECTOR PROTECTIONS. Before FTA may provide funding for a Project that involves the acquisition of public transportation property or operation of public transportation facilities or equipment, in addition to other Certifications you must select on your Applicant’s behalf, you must also select the Private Property Protections Assurances in Group 04.A and enter into the Agreements in Group 04.B and Group 04.C on behalf of your Applicant, except as FTA determines 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  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 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 Assurances and Agreements in Group 04 that does not apply will not be enforced. 4.A. Private Property Protections. If your Applicant is a State, local government, or Indian tribal government and seeks FTA funding to acquire the property of a private transit operator or operate public transportation in competition with or in addition to a public transportation operator, the Private Property Protections Assurances in Group 04.A apply to your Applicant, except as FTA determines otherwise in writing. To facilitate FTA’s ability to make the findings required by 49 U.S.C. 5323(a)(1), on behalf of your Applicant, you assure that: 1. It has or will have: a. Determined that the funding is essential to carrying out a Program of Projects as required by 49 U.S.C. 5303, 5304, and 5306, b. Provided for the participation of private companies engaged in public transportation to the maximum extent feasible, and c. Paid just compensation under State or local laws to the company for any franchise or property acquired, and 2. It has completed the actions described in Group 4.A.1 of this Certification before it: a. Acquires the property or an interest in the property of a private provider of public transportation, or b. Operates public transportation equipment or facilities: (1) In competition with transportation service provided by an existing public transportation operator, or (2) In addition to transportation service provided by an existing public transportation operator. 4.B. Charter Service Agreement. If your Applicant seeks FTA funding to acquire or operate transit facilities or equipment, the Charter Service Agreement in Group 04.B applies to your Applicant, except as FTA determines otherwise in writing. To comply with 49 U.S.C. 5323(d) and (g) and FTA regulations, “Charter Service,” 49 CFR part 604, specifically 49 CFR 604.4, on behalf of your Applicant, you are entering into the following Charter Service Agreement: 1. FTA’s “Charter Service” regulations apply as follows:  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. FTA’s Charter Service regulations restrict transportation by charter service using facilities and equipment acquired by Recipients of FTA funding for transportation Projects with Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, (2) 23 U.S.C. 133 or 142, or (3) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, b. FTA’s charter service restrictions extend to: (1) Your Applicant, when it becomes a Recipient of Federal funding appropriated or made available for: (a) Federal transit laws, 49 U.S.C. chapter 53, (b) 23 U.S.C. 133 or 142, or (c) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, and (2) Any Third Party Participant that receives Federal funding derived from: (a) Federal transit laws, 49 U.S.C. chapter 53, (b) 23 U.S.C. 133 or 142, or (c) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, c. A Third Party Participant includes any: (1) Subrecipient at any tier, (2) Lessee, (3) Third Party Contractor or Subcontractor at any Tier, and (4) Other Third Party Participant in its Project, d. You and your Applicant agree that neither it nor any governmental authority or publicly owned operator that receives Federal public transportation assistance appropriated or made available for its Project will engage in charter service operations, except