Okaloosa County BOCC — May 4, 2013 — reading text

and (g), as amended by MAP-21, b. 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, c. Any other Federal School Bus regulations, or d. Federal guidance, except as FTA determines otherwise in writing, 5. You and your Applicant agree that the latest School Bus Agreement you have selected on its behalf in FTA’s latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and 6. You and your Applicant agree that FTA will bar your Applicant or any Third Party Participant that has violated this School Bus Agreement from receiving Federal transit funding in an amount FTA considers appropriate. GROUP 04. PROCUREMENT AND PROCUREMENT SYSTEM. We request that you select the Procurement and Procurement System Certification, on behalf of your Applicant, by selecting the Certification in Group 04, especially if your Applicant 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 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. Any provision of the Certification in Group 04 that does not apply will not be enforced. Packet Pg. 330  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES On behalf of your Applicant, you certify that your Applicant’s procurements and 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. Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) GROUP 05. ROLLING STOCK REVIEWS AND BUS TESTING. You must select the Certifications in Group 05 on behalf of your Applicant if your Applicant, using FTA funds, intends to acquire:  Rolling stock for use in revenue service. or  A new bus model. The Certifications in Group 05 are required for such acquisitions listed above regardless of whether the FTA funds used were made available or appropriated for:  49 U.S.C. chapter 53, as amended by MAP-21, or  Former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. 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 to acquire rolling stock or a new bus model, you must select the Certifications in Group 05 on behalf of your Applicant. Any provision of the Certifications in Group 05 that does not apply will not be enforced. A. Rolling Stock Reviews. (If your Applicant seeks FTA funding for rolling stock for use in revenue service.) On behalf of your Applicant, you certify that in procuring revenue service rolling stock for use in revenue service: 1. Your Applicant will comply with: a. Federal transit laws, specifically 49 U.S.C. 5323(m), and b. FTA regulations, “Pre-Award and Post-Delivery Audits of Rolling Stock Purchases,” 49 CFR part 663, and 2 As provided in 49 CFR 663.7: a. Your Applicant will conduct or cause to be conducted the required pre-award and post-delivery reviews, and Packet Pg. 331  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES b. Your Applicant will maintain on file the Certifications required by 49 CFR part 663, subparts B, C, and D. B. Bus Testing. Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) (If your Applicant seeks FTA funding to acquire a new bus model.) On behalf of your Applicant, you certify that: 1. Because the MAP-21 cross-cutting requirement “Bus Testing” applies to all acquisitions of new buses and new bus models that require bus testing, your Applicant will comply with: a. 49 U.S.C. 5318, as amended by MAP-21, and b. FTA regulations, “Bus Testing,” 49 CFR part 665, to the extent these regulations are consistent with 49 U.S.C. 5318, as amended by MAP-21, 2. As required by 49 CFR 665.7, when acquiring the first bus of any new bus model or a bus model with a major change in components or configuration: a. Your Applicant will not spend any Federal funds appropriated under 49 U.S.C. chapter 53 to acquire that bus until: (1) The bus has been tested at FTA’s bus testing facility, and (2) It has received a copy of the test report prepared on that new bus model, and b. Your Applicant will not authorize final acceptance of the bus until: (1) The bus has been tested at FTA’s bus testing facility, (2) It has received a copy of the test report prepared on that new bus model, 3. Your Applicant will ensure that the bus that is tested has met the performance standards consistent with those regulations, including: a. Performance standards for: (1) Maintainability, (2) Reliability, (3) Performance (including braking performance), (4) Structural integrity, (5) Fuel economy, (6) Emissions, and (7) Noise, and b. Minimum safety performance standards established under 49 U.S.C. 5329, as amended by MAP-21, and 4. After FTA has issued regulations authorized by 49 U.S.C. 5318(e)(2), as amended by MAP-21, your Applicant will ensure that the bus that is tested has received a passing aggregate test score under the “Pass/Fail” standard established under 49 U.S.C. 5318(e)(2), as amended by MAP-21. GROUP 06. DEMAND RESPONSIVE SERVICE. You must select the Certification in Group 06 on behalf of your Applicant if your Packet Pg. 332  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Applicant is a public entity, operates demand responsive service and intends to use FTA funding to acquire a non-rail vehicle that is not accessible, but financed with FTA funds made available or appropriated for:  49 U.S.C. chapter 53, as amended by MAP-21, or  Former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) superseded by MAP-21 cross-cutting requirements that apply instead. 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 to acquire a non-rail transit vehicle that is not accessible, you must select the Certification in Group 06 on behalf of your Applicant. Any provision of the Certification in Group 06 that does not apply will not be enforced. As required by U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37, specifically 49 CFR 37.77(d), on behalf of your Applicant, you certify that: 1. Your Applicant offers public transportation services equivalent in level and quality of service to: a. Individuals with disabilities, including individuals who use wheelchairs, and b. Individuals without disabilities, and 2. Viewed in its entirety, your Applicant’s service for individuals with disabilities is: a. Provided in the most integrated setting feasible, and b. Equivalent to the service it offers individuals without disabilities with respect to: (1) Response time, (2) Fares, (3) Geographic service area, (4) Hours and days of service, (5) Restrictions on priorities based on trip purpose, (6) Availability of information and reservation capability, and (7) Constraints on capacity or service availability. GROUP 07. INTELLIGENT TRANSPORTATION SYSTEMS. You must select the Assurance in Group 07 on behalf of your Applicant if your Applicant applies for Federal funding to support:  An Intelligent Transportation Systems (ITS) Project, or  A Project in support of an ITS Project. Packet Pg. 333  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 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 Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) 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