Okaloosa County BOCC — May 4, 2013 — reading text

funding for your Applicant’s Project to support an ITS Project or a Project that supports an ITS project, you must select the Assurances in Group 07 on behalf of your Applicant. Any provision of the Assurance in Group 07 that does not apply will not be enforced. On behalf of your Applicant, you assure that: 1. As used in this assurance, the term Intelligent Transportation Systems (ITS) Project is defined to include any Project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the “National ITS Architecture,” and 2. As provided in 23 U.S.C. 517(d), any ITS Project your Applicant undertakes that is funded with appropriations made available from the Highway Trust Fund, including amounts made available to deploy intelligent transportation systems, will conform to the appropriate regional ITS architecture, applicable standards, and protocols developed under 23 U.S.C. 517(a) or (c), unless your Applicant obtains a waiver as provided in 23 U.S.C. 517(d)(2). GROUP 08. INTEREST AND FINANCING COSTS AND LEASING COSTS. You must select the Certifications in Group 08 on behalf of your Applicant if your Applicant’s Project involves interest, financing or leasing costs supported 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53, as amended by MAP-21, or  Former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead.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. Packet Pg. 334  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Except as FTA determines otherwise in writing, before FTA may provide funding for the interest, financing or leasing costs that are a part of or connected with your Applicant’s Project, you must select the Certifications in Group 08 on behalf of your Applicant. Any provision of the Certifications in Group 08 that does not apply will not be enforced. Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) A. Interest and Financing Costs. You must select the Certification in Group 08.A if your Applicant intends to reimburse interest or other financing costs for Projects funded by the Urbanized Area Formula Program, Fixed Guideway Capital Investment Program, or the New Starts or Small Starts Program within the Capital Investment Program. On behalf of your Applicant, you certify that: 1. Your Applicant will not seek reimbursement for interest or other financing costs unless: a. It is eligible to receive Federal funding for those costs, and b. Its records demonstrate that it has shown reasonable diligence in seeking the most favorable financing terms, to the extent FTA may require, and 2. Your Applicant will comply with the same favorable financing cost provisions for: a. Urbanized Area Formula Projects funded by MAP-21 or previous FTA enabling legislation, b. Projects under Full Funding Grant Agreements funded by MAP-21 or previous FTA enabling legislation, c. Projects with Early Systems Work Agreements funded by MAP-21 or previous FTA enabling legislation, d. Fixed Guideway Capital Investment Projects funded by previous FTA enabling legislation, e. State of Good Repair Projects funded by MAP-21, f. Bus and Bus Facilities Projects funded by MAP-21, and g. Low or No Emission Vehicle Development Projects funded by MAP-21. B. Acquisition of Capital Assets by Lease. You must select the Certification in Group 08.B if your Applicant intends to use FTA funding to acquire capital assets through a lease. On behalf of your Applicant, you certify and assure that, as required by FTA regulations, “Capital Leases,” 49 CFR part 639, specifically 49 CFR 639.15(b)(1) and 49 CFR 639.21, if your Applicant acquires any capital asset through a lease financed with Federal funding authorized under 49 U.S.C. chapter 53: 1. Your Applicant will not use Federal funding authorized under 49 U.S.C. chapter 53 to finance the cost of leasing any capital asset until: a. It performs calculations demonstrating that leasing the capital asset would be Packet Pg. 335  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES more cost-effective than purchasing or constructing a similar asset, and b. It completes these calculations before the later of: (1) Entering into the lease, or (2) Receiving a capital grant for the asset, and 2. Your Applicant will not enter into a capital lease for which FTA can provide only Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) incremental Federal funding unless your Applicant has adequate financial resources to meet its future lease obligations if Federal funding is not available. GROUP 09. TRANSIT ASSET MANAGEMENT AND AGENCY SAFETY PLANS. Except as FTA determines otherwise in writing, you must select the Certifications in Group 09 on behalf of your Applicant if your Applicant seeks 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 superseded by MAP-21 cross-cutting requirements that apply instead, including:  Transit Asset Management Provisions (and Asset Inventory and Condition Reporting), and  Agency Safety Plans. 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 made available or appropriated for 49 U.S.C. chapter 53, you must select the Certifications in Group 09 on behalf of your Applicant. Any provision of the Certifications in Group 09 that does not apply will not be enforced. A. Transit Asset Management Plan. You must select the Certification in Group 09.A on behalf of your Applicant if your Applicant applies, as a direct Recipient, of funding made available or appropriated for 49 U.S.C. chapter 53, as amended by MAP-21 or for former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded MAP-21 cross- cutting requirement, “Transit Asset Management Provisions (and Asset Inventory and Condition Reporting)” instead. On behalf of your Applicant, you certify that your Applicant will comply, and each Subrecipient will: Packet Pg. 336  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 1. Follow Federal guidance issued that implements transit asset management system provisions of 49 U.S.C. 5326, as amended by MAP-21, except as FTA determines otherwise in writing, and 2. Comply with the final Federal regulations that implement the transit asset management system required by 49 U.S.C. 5326, as amended by MAP-21, after Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) those regulations have been issued as required by 49 U.S.C. 5326(e), as amended by MAP-21. B. Public Transportation Agency Safety Plan. You must select the Certification in Group 09.B on behalf of your Applicant if your Applicant is a State government, local government, or any other operator of a public transportation system and seeks funding made available or appropriated for 49 U.S.C. chapter 53, as amended by MAP-21, or for former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded by the MAP-21 cross-cutting requirement, “Agency Safety Plans.” On behalf of your Applicant, you certify that your Applicant will: 1. Follow Federal guidance issued that implements the safety plan provisions of 49 U.S.C. § 5329(a) – (d), as amended by MAP-21, except as FTA determines otherwise in writing, and 2. Comply with the final Federal regulations that implement the safety plan requirements of 49 U.S.C. § 5329(a) – (d), as amended by MAP-21, after within one year after FTA has issued that plan as required by 49 U.S.C. 5329(b), as amended by MAP-21. GROUP 10. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. Except as FTA determines otherwise in writing, you must select the Certification in Group 10 on behalf of your Applicant if your Applicant is required to comply with the alcohol and controlled substance testing requirements of:  49 U.S.C. 5331, as amended by MAP-21, or  Former 49 U.S.C. 5331 in effect in FY 2012 or a previous fiscal year, except as superseded instead by the MAP-21 cross-cutting requirement, “Alcohol and Controlled Substance Testing.” 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. Packet Pg. 337  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Except as FTA determines otherwise in writing, before FTA may provide funding for your Applicant’s Project, you must select the Certification in Group 10 on behalf of your