Okaloosa County BOCC — May 4, 2013 — reading text

Comply with applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) As provided by MAP-21 cross cutting requirement, “Rail Car Procurement,” comply with the railcar option restrictions of 49 U.S.C. 5325(e), as amended by MAP-21, and (6) As required by the MAP-21 cross-cutting requirement, “Veterans Preference/Employment,” comply with 49 U.S.C. 5325(k), as amended by MAP-21, e. Your State Applicant: (1) Has or will have and, as necessary, will require each Subrecipient to have Packet Pg. 359  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES the amount of funds required for the local share by former 49 U.S.C. 5307(e) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross cutting requirements that apply instead, (2) Will provide and, as necessary, will require each Subrecipient to provide the local share funds from approved non-Federal sources except as Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) permitted by former 49 U.S.C. 5307(e) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead, and (3) Will provide and, as necessary, will require each Subrecipient to provide the local share funds when needed, f. 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, and g. To the extent applicable, as required by the MAP-21 cross-cutting requirement, “Agency Safety Plans,” your State Applicant will comply with and, as necessary, will require each Subrecipient to comply with, its Public Transportation Agency Safety Plan, as required by 49 U.S.C. 5329, as amended by MAP-21. C. New Freedom Program. You must select the Certification in Group 16.C if your Applicant seeks funding for its New Freedom Project financed with funds made available or appropriated for former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year. In administering this program, MAP-21 cross-cutting requirements supersede inconsistent former requirements. 1. The following Certification for the New Freedom Program is required by former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. Your Applicant will make awards of New Freedom funding on a competitive basis after conducting: (1) An areawide solicitation in cooperation with the appropriate metropolitan planning organization for applications for funding in compliance with former 49 U.S.C. 5317, or (2) A statewide solicitation for applications for New Freedom funding in compliance with former 49 U.S.C. 5317, b. Any allocations to Subrecipients of New Freedom funding authorized by former 49 U.S.C. 5317 will be distributed on a fair and equitable basis, c. Your Applicant will comply with the following Project selection and planning requirements: (1) The projects your Applicant has selected or will select for funding made available or appropriated for that program were derived from a public Packet Pg. 360  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, (2) That locally developed and coordinated plan was produced through a process that included: Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) (a) Representatives of public, private, and nonprofit transportation providers, (b) Representatives of public, private, and nonprofit human services providers, and (c) Participation by the public, d. Before your Applicant transfers funds to a project funded by former 49 U.S.C. 5311(c), former 49 U.S.C. 5336, or both: (1) The funding to be transferred may be made available only to projects eligible for funding made available or appropriated for former 49 U.S.C. 5317, and (2) The Applicant will have consulted with responsible local officials and publicly owned operators of public transportation in each area for which the amount to be transferred was originally awarded, e. Your Applicant may transfer funds to another Subrecipient only if it has consulted with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded, as provided by former 49 U.S.C. 5317, and f. The requirements of former 49 U.S.C. 5307, as determined by FTA, will apply to the New Freedom Program, authorized by former 49 U.S.C. 5317, and 2. The following Certification for the New Freedom Program is required by former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, 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: a. Your Applicant has or will have, and will require each Subrecipient to have, the: (1) Legal capacity to carry out its proposed Projects, (2) Financial capacity to carry out its proposed Projects, (3) Technical capacity to carry out its proposed Projects, (4) Necessary capacity to carry out the safety aspects of its proposed Projects, and (5) Necessary capacity to carry out the security aspects of its proposed Projects, b. Your Applicant has or will have, and will require each Subrecipient to have, satisfactory continuing control over the use of Project equipment and facilities, c. Your Applicant will maintain, and will require each Subrecipient to maintain, its Project equipment and facilities adequately, Packet Pg. 361  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES d. When carrying out a procurement under former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year superseded by MAP-21 cross cutting requirements that apply, your Applicant will, and will require each Subrecipient to do the following: (1) Use competitive procurement (as defined or approved by FTA), as Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) required by 49 U.S.C. 5325(a), (2) Not use exclusionary or discriminatory specifications in its procurements, as required by 49 U.S.C. 5323(h), (3) As provided by the MAP-21 cross-cutting requirement, “Buy America,” your Applicant will comply with 49 U.S.C. 5323(j), as amended by MAP-21, (4) Comply with applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) As provided by MAP-21 cross cutting requirement, “Rail Car Procurement,” comply with the railcar option restrictions of 49 U.S.C. 5325(e), as amended by MAP-21, and (6) As required by the MAP-21 cross-cutting requirement, “Veterans Preference/Employment,” comply with 49 U.S.C. 5325(k), as amended by MAP-21, e. Your Applicant: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share required by former 49 U.S.C. 5317(g) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross cutting requirements that may apply instead, (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from approved non-Federal sources except as permitted by former 49 U.S.C. 5317(g) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, f. 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, and g. To the extent applicable, as required by the MAP-21 cross-cutting requirement, “Agency Safety Plans,” your Applicant will comply with and, as necessary, will require each Subrecipient to comply with, its Public Transportation Agency Safety Plan, as required by 49 U.S.C. 5329, as amended by MAP-21. GROUP 17. RURAL/OTHER THAN URBANIZED AREAS/APPALACHIAN DEVELOPMENT/OVER-THE-ROAD BUS ACCESSIBILITY PROGRAMS. Packet Pg. 362  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES The Certifications and Assurances in Group 17 are in addition to other Certifications and Assurances listed previously that are required for Rural/Other Than Urbanized Areas/Appalachian Development/or Over-the-Road Bus Accessibility Program funding. Your Applicant is ultimately responsible for compliance with the Certifications and Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA 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 validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Except as FTA determines otherwise in writing, you must select the Certifications and Assurances in Group 17, on behalf of your Applicant, if your Applicant seeks financing for its:  Formula Grants for Rural Areas Project financed with funding made available or appropriated for 49 U.S.C. 5311(b), as amended by MAP-21, (Separate Certifications and Assurances have been established in Group 18 for an Indian tribe that is an Applicant for a Public Transportation on Indian Reservations Project financed with funding made available or appropriated for 49 U.S.C. 5311(c))(1), as amended by