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

Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 11, 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 11 that does not apply will not be enforced. Except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. It has or will have the following capabilities to carry out its proposed Project(s), including the safety and security aspects of the 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, and 4. It will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304. GROUP 12. STATE OF GOOD REPAIR PROGRAM. Certain Certifications and Assurances listed previously are required for the State of Good Repair Program funding under 49 U.S.C. 5337. Before FTA may provide funding for your Applicant’s Project under the State of Good Repair Program, 49 U.S.C. 5337, for your Applicant’s Project, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 12, 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 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 12 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 the 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, and 4. It will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304. GROUP 13. FIXED GUIDEWAY MODERNIZATION GRANT PROGRAM. Before FTA may provide funding for your Applicant’s Project under the Fixed Guideway Modernization Grant Program, former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 13, except as FTA determines otherwise in writing.  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 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 13 that does not apply will not be enforced. Former 49 U.S.C. 5309(b)(2) and former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, require the following Certifications for Fixed Guideway Modernization Grant Program funding. Therefore, except as FTA determines otherwise in writing, 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 the 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, and 4. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304. GROUP 14. BUS AND BUS FACILITIES FORMULA GRANTS PROGRAM AND BUS AND BUS RELATED EQUIPMENT AND FACILITIES GRANT PROGRAM (DISCRETIONARY). The Certifications in Group 14 are required for funding under: 14.A. The Bus and Bus Facilities Formula Grants Program, 49 U.S.C. 5339, as amended by MAP-21, and 14.B. The Bus and Bus Related Equipment and Facilities Grant Program (Discretionary), former 49 U.S.C. 5309(b)(3) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under either Program listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 14, 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 Certifications in Group 14 that does not apply will not be enforced. 14.A. Bus and Bus Facilities Formula Grants Program If your Applicant seeks FTA funding for its Project under the Bus and Bus Facilities Formula Grants Program, 49 U.S.C. 5339, the Certifications in Group 14.A below apply to your Applicant, except as FTA determines otherwise in writing. The following Certification for Bus and Bus Facilities Formula Grants Program funding are required by 49 U.S.C. 5339(b), which states that “[t]he requirements of section 5307 apply to recipients of grants made under this section.” Therefore, except as FTA determines otherwise in writing, 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. It will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a Project financed under 49 U.S.C.5339, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, b. Any 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, c. 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 d. 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.), 5. When carrying out a procurement under 49 U.S.C.5339, it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. It has complied with or will comply with 49 U.S.C. 5307(b), because it: a. Has made or will make available to the public information on amounts of its  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES funding available to it under 49 U.S.C. 5339, b. Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, c. 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, d. Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, e. Has ensured or will ensure that the proposed Program of Projects provide for coordination of transportation services funded by FTA under 49 U.S.C. 5336 with transportation services supported by other United States Government sources, f. Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and g. Has made or will make the final Program of Projects available to the public, 7. As required by 49 U.S.C. 5307(d), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. It will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, 9. It has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, and 10. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d).. 14.B. Bus and Bus Related Equipment and Facilities Grant Program (Discretionary). If your Applicant seeks FTA funding for its Project under the Bus and Bus Related Equipment and Facilities Grant Program (Discretionary), former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year, the Certifications in Group 14.B below apply to your Applicant, except as FTA determines