Okaloosa County BOCC — May 4, 2013 — reading text

funds, 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 itself or its Project, even if a Subrecipient or other Third Party Participant may be involved in your Applicant’s 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 Participant to assure the validity of applicable Certifications and Assurances selected on behalf of your Applicant. Except as FTA determines otherwise in writing, before FTA may provide funding for your Applicant’s Project that involves the acquisition of public transportation property or operations of public transportation that affect your Applicant’s acquisitions or operations, you must select the Assurance in Group 03.A and enter into the Agreements in Group 03.B and Group 03.C on behalf of your Applicant. Any provision of the Assurance and Agreements in Group 03 that does not apply will not be enforced. Packet Pg. 326  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES A. Private Sector Property Protections. For FTA to make the findings necessary to protect private transportation providers, as required by 49 U.S.C. 5323(a)(1), you must select the Assurances in Group 03.A on behalf of your Applicant: Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) 1. If your Applicant is a: a. State, b. Local government, or c. Indian tribal government, and 2. If you are applying for or will apply on your Applicant’s behalf for 49 U.S.C. chapter 53 funding to: a. Acquire the property of a private transit operator, or b. Operate public transportation in competition with or in addition to a public transportation operator. 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. Your Applicant 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. Your Applicant has completed the actions described in subsection 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. B. Charter Service Agreement. You must enter into the Charter Service Agreement in Group 03.B on behalf of your Applicant if you apply for funding to acquire or operate transit facilities and equipment, unless your Applicant qualifies for an exception under Federal law and regulations. As required by 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: Packet Pg. 327  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 1. General Requirements. FTA’s “Charter Service” regulations apply as follows: a. FTA’s Charter Service regulations restrict transportation by charter service using facilities and equipment acquired by FTA recipients for transportation Projects with Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, or Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) (2) 23 U.S.C. 133 or 142, b. FTA’s charter service restrictions extend to: (1) Your Applicant, when it becomes a recipient of Federal funding authorized for or made available for: (a) Federal transit laws, 49 U.S.C. chapter 53, or (b) 23 U.S.C. 133 or 142, (2) Any Third Party Participant that receives Federal funding derived from: (a) Federal transit laws, 49 U.S.C. chapter 53, or (b) 23 U.S.C. 133 or 142, 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 your Applicant’s Project, d. You and your Applicant agree that neither it nor any governmental authority or publicly owned operator that receives FTA funding made available or authorized for your Applicant’s Project will engage in charter service operations, except as permitted under: (1) Federal transit laws, specifically 49 U.S.C. 5323(d) and (g), (2) FTA regulations, “Charter Service,” 49 CFR part 604, to the extent consistent with 49 U.S.C. 5323(d) and (g), (3) Any other Federal Charter Service regulations, or (4) Federal guidance, except as FTA determines otherwise in writing, e. You and your Applicant agree that the latest Charter Service Agreement it has selected in its latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and f. You and your Applicant agree that: (1) FTA may require corrective measures or impose remedies on it or any governmental authority or publicly owned operator that receives FTA funding made available or authorized for its Project that has engaged in a pattern of violations of FTA’s Charter Service regulations by: (a) Conducting charter operations prohibited by Federal transit laws and FTA’s Charter Service regulations, or (b) Otherwise violating your Applicant’s Charter Service Agreement it has elected in its latest annual Certifications and Assurances, and (2) These corrective measures and remedies may include: (a) Barring Your Applicant or any Third Party Participant operating public transportation under the Project that has provided prohibited Packet Pg. 328  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES charter service from receiving FTA funds, (b) Withholding an amount of Federal funds as provided by Appendix D to FTA’s Charter Service regulations, or (c) Any other appropriate remedy that may apply, and 2. Exceptions. Apart from exceptions to the charter service restrictions in FTA’s Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) Charter Service Regulations, FTA has established the following additional exceptions to those restrictions: a. FTA’s Charter Service restrictions do not apply to your Applicant seeking funding made available or appropriated for 49 U.S.C. 5307 to be used for Job Access and Reverse Commute (JARC) activities that would have been eligible for assistance under repealed 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, provided that your Applicant uses that FTA funding for program purposes only, b. FTA’s Charter Service restrictions do not apply to your Applicant seeking funding made available or appropriated for 49 U.S.C. 5310 to be used for New Freedom activities that would have been eligible for assistance under repealed 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year, provided your Applicant uses that FTA funding for program purposes only, and c. An Applicant for assistance under 49 U.S.C. chapter 53 will not be determined to have violated the FTA Charter Service regulations if that recipient provides a private intercity or charter transportation operator reasonable access to that recipient’s federally funded public transportation facilities, including intermodal facilities, park and ride lots, and bus-only highway lanes as specified in 49 U.S.C. 5323(r), as amended by MAP-21. C. School Bus Agreement. You must enter into the School Bus Agreement in Group 03.C on behalf of your Applicant if you apply for funding to acquire or operate transit facilities and equipment, unless your Applicant qualifies for an exception under Federal law and regulations. As required by 49 U.S.C. 5323(f) and (g), as amended by MAP-21, and FTA regulations, “School Bus Operations,” 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(f) and (g), as amended by MAP-21, on behalf of your Applicant, you are entering into the following School Bus Agreement: 1. FTA’s “School Bus Operations” regulations restrict school bus operations (as defined in the FTA regulations) using facilities and equipment acquired with Federal funding derived from: a. Federal transit laws, 49 U.S.C. chapter 53, or b. 23 U.S.C. 133 or 142, 2. FTA’s school bus operations restrictions extend to: a. Your Applicant, when it becomes a recipient of Federal funding made available or authorized for: Packet Pg. 329  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES (1) Federal transit laws, 49 U.S.C. chapter 53, or (2) 23 U.S.C. 133 or 142, b. Any Third Party Participant that receives Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, or (2) 23 U.S.C. 133 or 142, Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) 3. A Third Party Participant includes any: a. Subrecipient at any tier, b. Lessee, c. Third Party Contractor or Subcontractor at any tier, and d. Other Third Party Participant in the Project, 4. You and your Applicant agree, and will obtain the agreement of any Third Party Participant involved in your Applicant’s Project, that it will not engage in school bus operations in competition with private operators of school buses, except as permitted under: a. Federal transit laws, specifically 49 U.S.C. 5323(f)