Okaloosa County BOCC — May 4, 2013 — reading text

inconsistent former requirements. These two programs have or will have funding available during FY 2013. Accordingly, if your Applicant seeks funding made available or authorized by 49 U.S.C. 5339, as amended by MAP-21, or former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year, you should provide the two subgroups of Certifications in Group 14, on behalf of your Applicant, to assure that FTA can select the type of funding it considers most suitable. Packet Pg. 341  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding made available or appropriated for your Applicant’s Project, on behalf of your Applicant, you must have selected the Certifications in Group 14 and other Certifications and Assurances listed previously that are required for the funding your Applicant seeks. Any provision of the Certifications in Group 14 that does not apply will not be enforced. Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) A. Bus and Bus Facilities Formula Grants Program You must select the Certification in Group 14.A if your Applicant seeks funding for its Bus or Bus Facilities Formula Project financed with funds made available or appropriated for 49 U.S.C. 5339, as amended by MAP-21. The following Certification for Bus and Bus Facilities Formula Grants Program funding are required by 49 U.S.C. 5339(b), as amended by MAP-21, which states that “The 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. Your Applicant has or will have the: a. Legal capacity to carry out its proposed Projects, b. Financial capacity to carry out its proposed Projects, c. Technical capacity to carry out its proposed Projects, d. Necessary capacity to carry out the safety aspects of its proposed Projects, and e. Necessary capacity to carry out the security aspects of its proposed Projects, 2. Your Applicant has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Your Applicant will maintain its Project equipment and facilities adequately, 4. Your Applicant will ensure that when, during non-peak hours for transportation using or involving a facility or equipment of a Project financed under 49 U.S.C.5339, as amended by MAP-21, 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 himself or herself pursuant to title II of the Social Security Act (42 U.S.C. 401 et seq.), or d. Any individual presenting a Medicare card issued to himself or herself pursuant to 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, as amended by MAP-21, your Applicant will comply with the: a. General provisions for FTA programs of 49 U.S.C. 5323, as amended by MAP-21, and Packet Pg. 342  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES b. Third party procurement requirements of 49 U.S.C. 5325, as amended by MAP-21, 6. Your Applicant has complied with or will comply with 49 U.S.C. 5307(b), as amended by MAP-21, because it: a. Has made or will make available to the public information on amounts of its Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA 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 U.S. DOT under 49 U.S.C. 5336 with federally funded transportation services supported by United States Government sources other than U.S. DOT, 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), as amended by MAP-21, your Applicant: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from approved non-Federal sources except if otherwise authorized by law, and c. Will provide the local share funds when needed, 8. Your Applicant will comply with: a. The Metropolitan Planning requirements of 49 U.S.C. 5303, as amended by MAP-21, and b. The State Planning requirements of 49 U.S.C. 5304, as amended by MAP-21, 9. Your Applicant 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. Your Applicant will comply with requirements for Public Transportation Agency Safety Plan requirements of 49 U.S.C. 5329, as amended by MAP-21. B. Bus and Bus Related Equipment and Facilities Grant Program (Discretionary). You must select the Certification in Group 14.B if your Applicant seeks funding for its Bus or Bus Related Equipment and Facilities Project financed with funds made available or appropriated for former 49 U.S.C. 5309(b)(3) in effect in FY 2012 or a Packet Pg. 343  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES previous fiscal year. In administering these programs, MAP-21 cross-cutting requirements supersede inconsistent former requirements. Except as FTA determines otherwise in writing, you must select the Certification in Group 14.B on behalf of your Applicant if your Applicant seeks funding for its Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) discretionary Bus and Bus Related Equipment and Facilities Project. Before FTA may provide funding made available or appropriated for the discretionary Bus and Bus Related Equipment and Facilities Program, on behalf of your Applicant:  In FY 2013, you must have selected the Certifications and Assurances required by former 49 U.S.C. 5307(d)(1)(A) – (C) and (H) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead, or  You must have selected the Certification in Group 14.B. Any provision of the Certification in Group 14.B that does not apply will not be enforced. The following Certification for discretionary Bus and Bus Related Equipment and Facilities Grant Program funding are required by former 49 U.S.C. 5309(c)(2), which applies the requirements of former 49 U.S.C. 5307(d)(1)(A), (B), (C), and (H) in effect in FY 2012 or a previous fiscal year to this Program, except as superseded by MAP-21 cross-cutting requirements that apply instead. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. Your Applicant has or will have the: a. Legal capacity to carry out its proposed Projects, b. Financial capacity to carry out its proposed Projects, c. Technical capacity to carry out its proposed Projects, d. Necessary capacity to carry out the safety aspects of its proposed Projects, and e. Necessary capacity to carry out the security aspects of its proposed Projects, 2. Your Applicant has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Your Applicant will maintain its Project equipment and facilities adequately, and 4. Your Applicant has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5301, 5303, and 5304, as amended by MAP-21. GROUP 15. URBANIZED AREA FORMULA GRANT PROGRAMS AND JOB ACCESS AND REVERSE COMMUTE (JARC) FORMULA GRANT PROGRAM. The Certifications in Group 15 are in addition to other Certifications and Assurances listed previously that are required for the Urbanized Area Formula Grants Programs or Job Access and Reverse Commute (JARC) Formula Grant Program funding. Your Applicant is ultimately responsible for compliance with the Certifications and Packet Pg. 344  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 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 Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) validity of applicable Certifications and Assurances selected on behalf of your Applicant. Except as FTA determines otherwise in writing, you must select the Certifications in Group 15, on behalf of your Applicant, if your Applicant seeks financing for its:  Urbanized Area Formula Project financed with funds made available or appropriated for 49 U.S.C. 5307, as amended by MAP-21, which among other things, authorizes funding for JARC Projects and Project Activities,  Urbanized Area Formula Project