Okaloosa County BOCC — May 4, 2013 — reading text

including: (1) The legal authority to apply for Federal funding, (2) The institutional capability, (3) The managerial capability, and (4) The financial capability (including funds sufficient to pay the non-Federal share of Project cost), b. Your Applicant will give limited access and the right to examine Project- related materials, including, but not limited to: (1) FTA, (2) The Comptroller General of the United States, and (3) If appropriate, the State, through any authorized representative, c. Your Applicant will establish a proper accounting system in accordance with generally accepted accounting standards or FTA guidance, and d. Your Applicant will establish safeguards to prohibit employees from using their positions for a purpose that results in: (1) A personal or organizational conflict of interest, or personal gain, or (2) The appearance of a personal or organizational conflict of interest or personal gain. 2. Project Specifics. On behalf of your Applicant, you assure that: a. Following receipt of an FTA award, your Applicant will begin and complete Project work within the time periods that apply, b. For FTA funded construction Projects: (1) Your Applicant will comply with FTA provisions concerning the drafting, review, and approval of construction plans and specifications, (2) Your Applicant will, to the extent practicable, provide and maintain Packet Pg. 319  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES competent and adequate engineering supervision at the construction site to assure that the completed work conforms with the approved plans and specifications, (3) Your Applicant will include a covenant to assure nondiscrimination during the useful life of its Project in its title to federally funded real Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) property, (4) To the extent FTA requires, your Applicant will record the Federal interest in the title to FTA funded real property or interests in real property, and (5) To the extent practicable, absent permission and instructions from FTA, your Applicant will not alter the site of the FTA funded construction Project or facilities by: (a) Disposing of the underlying real property or other interest in the site and facilities, (b) Modifying the use of the underlying real property or other interest in the site and facilities, or (c) Changing the terms of the underlying real property title or other interest in the site and facilities, and c. Your Applicant will furnish progress reports and other information as FTA or the State may require. 3. Statutory and Regulatory requirements. On behalf of your Applicant, you assure that: a. Your Applicant will comply with all Federal statutes relating to nondiscrimination that apply, including, but not limited to: (1) The prohibitions against discrimination on the basis of race, color, or national origin, as provided in Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) The prohibitions against discrimination on the basis of sex, as provided in: (a) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 – 1683, and 1685 – 1687, and (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR part 25, (3) The prohibitions against discrimination on the basis of age in federally funded programs, as provided in the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 – 6107, (4) The prohibitions against discrimination on the basis of disability in federally funded programs, as provided in section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, (5) The prohibitions against discrimination on the basis of disability, as provided in the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq. (6) The prohibitions against discrimination in the sale, rental, or financing of Packet Pg. 320  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES housing, as provided in Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., (7) The prohibitions against discrimination on the basis of drug abuse, as provided in the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) (8) The prohibitions against discrimination on the basis of alcohol abuse, as provided in the Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.C. 4541 et seq., (9) The confidentiality requirements for the records of alcohol and drug abuse patients, as provided in the Public Health Service Act, as amended, 42 U.S.C. 290dd – 290dd-2, and (10) The nondiscrimination provisions of any other statute(s) that may apply to its Project, b. As provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Relocation Act), 42 U.S.C. 4601 et seq., and the MAP-21 amendment to 49 U.S.C. 5323(b), regardless of whether Federal funding has been provided for any of the real property acquired for Project purposes, your Applicant will provide for fair and equitable treatment of displaced persons or persons whose property is acquired as a result of federally funded programs, and: (1) Your Applicant has the necessary legal authority under State and local laws and regulations to comply with: (a) The Uniform Relocation Act. 42 U.S.C. 4601 et seq., as specified by 42 U.S.C. 4630 and 4655, and (b) U.S. DOT regulations, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs,” 49 CFR part 24, specifically 49 CFR 24.4, and (2) Your Applicant has complied with or will comply with the Uniform Relocation Act and implementing U.S. DOT regulations, because: (a) Your Applicant will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24, (b) As required by 42 U.S.C. 4622, 4623, and 4624, and 49 CFR part 24, your Applicant will provide fair and reasonable relocation payments and assistance for displacement, resulting from any FTA funded Project, of: 1 Families and individuals, and 2 Partnerships, corporations, or associations, (c) As provided by 42 U.S.C. 4625 and 49 CFR part 24, your Applicant will provide relocation assistance programs offering the services described in the U.S. DOT regulations to such displaced: 1 Families and individuals, and 2 Partnerships, corporations, or associations, (d) As required by 42 U.S.C. 4625(c)(3), within a reasonable time before displacement, your Applicant will make available comparable Packet Pg. 321  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES replacement dwellings to families and individuals, (e) Your Applicant will: 1 Carry out the relocation process to provide displaced persons with uniform and consistent services, and 2 Make available replacement housing in the same range of Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin, (f) Your Applicant will be guided by the real property acquisition policies of 42 U.S.C. 4651 and 4652 to the greatest extent practicable under State law, (g) Your Applicant will pay or reimburse property owners for their necessary expenses as specified in 42 U.S.C. 4653 and 4654, understanding that FTA will provide Federal funding for its eligible costs of providing payments for those expenses, as required by 42 U.S.C. 4631, (h) Your Applicant will execute the necessary implementing amendments to third party contracts and subagreements financed with FTA funding, (i) Your Applicant will execute, furnish, and be bound by such additional documents as FTA may determine necessary to effectuate or implement these assurances, (j) Your Applicant will incorporate these assurances by reference into and make them a part of any third party contract or subagreement, or any amendments thereto, relating to any FTA funded Project involving relocation or land acquisition, and (k) Your Applicant will provide in any affected document that these relocation and land acquisition provisions must supersede any conflicting provisions, c. To the extent practicable, your Applicant will comply with the Lead-Based Paint Poisoning Prevention Act, specifically 42 U.S.C. 4831(b), which prohibits the use of lead-based paint in the construction or rehabilitation of residence structures, d. Your Applicant will, to the extent practicable, comply with the protections for human subjects involved in research, development, and related activities supported by Federal funding of: (1) The National Research Act, as amended, 42 U.S.C. 289 et seq., and (2) U.S. DOT regulations, “Protection of Human Subjects,” 49 CFR part 11, e. Your Applicant will, to the extent practicable, comply with the labor standards and protections for federally funded Projects of: (1) The Davis-Bacon Act, as amended, 40 U.S.C. 3141 – 3144, 3146, and 3147, (2) Sections 1 and 2 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. 874, and 40 U.S.C. 3145, respectively, and (3) The Contract Work Hours and Safety Standards Act, as amended, Packet Pg. 322  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 40 U.S.C. 3701 et seq., f. Your Applicant will, to the extent practicable, comply with any applicable environmental standards that may