Okaloosa County BOCC — May 4, 2013 — reading text

to deposit in its SIB, we request that you select the Certifications and Assurances in Group 24.B. On behalf of the State organization serving as your Applicant for funding for its State Infrastructure Bank (SIB) Program, you certify and assure that: 1. Your Applicant will comply with the following applicable Federal laws establishing the various SIB programs since 1995: a. 23 U.S.C. 610, as amended by MAP-21, b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or d. Section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181, 2. Your Applicant will comply with or follow the Cooperative Agreement establishing the State’s SIB program between: a. Your Applicant and FHWA, FRA, and FTA, or b. Your Applicant and FHWA and FTA, 3. Your Applicant will comply with or follow the Grant Agreement that provides FTA funding for the SIB and is between your Applicant and FTA including the FTA Master Agreement, which is incorporated by reference into the Grant Agreement, except that any provision of the FTA Master Agreement incorporated by reference into that Grant Agreement will not apply if it conflicts with any provision of: a. 23 U.S.C. 610, as amended by MAP-21, b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181 note, d. Federal guidance pertaining to the SIB Program, e. The Cooperative Agreement establishing the State’s SIB Program, or f. The FTA Grant Agreement, 4. As required by 49 U.S.C. 5323(o), Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, as amended by MAP-21, apply to any Packet Pg. 382  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES Project under 49 U.S.C. chapter 53 that receives SIB support or financing under 23 U.S.C. 610 (or any support from 23 U.S.C. 601 – 609), 5. As required by 49 U.S.C. 5323(o) and 49 U.S.C. 5307(d)(1): a. Your Applicant has or will have the: (1) Legal capacity to carry out its proposed Projects, Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) (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 satisfactory continuing control over the use of Project equipment and facilities, c. Your Applicant will maintain its Project equipment and facilities adequately, d. Your Applicant will ensure that when, during non-peak hours for transportation using or involving a facility or equipment of a SIB-financed Project, a fare that is not more than fifty (50) percent of the peak hour fare will be charged to the following individuals: (1) A senior, (2) An 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, (3) An 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 (4) An 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.), e. When carrying out a procurement under a SIB-financed Project, your Applicant will comply with the: (1) General provisions for FTA programs of 49 U.S.C. 5323, and (2) Third party procurement requirements of 49 U.S.C. 5325, f. Your Applicant has complied with or will comply with 49 U.S.C. 5307(b), as amended by MAP-21, because it: (1) Has made or will make available to the public information on amounts of its funding requested under the SIB program, (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, (3) 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 Packet Pg. 383  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES proposed Program of Projects and its performance as an Applicant or Recipient, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, (5) Has ensured or will ensure that the proposed Program of Projects provide Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) for coordination of transportation services funded by U.S. DOT under 49 U.S.C. 5336 and the SIB Program with federally funded transportation services supported by United States Government sources other than U.S. DOT, (6) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and (7) Has made or will make the final Program of Projects available to the public, g. Your Applicant: (1) Has or will have the amount of funds required for the local share by the SIB Program, but not less than twenty-five (25) percent of each capitalization grant, (2) Will provide the local share funds from approved non-Federal sources, and (3) Will provide the local share funds when needed, h. Your Applicant will comply with the: (1) The Metropolitan Planning requirements of 49 U.S.C. 5303, as amended by MAP-21, and (2) The State Planning requirements of 49 U.S.C. 5304, as amended by MAP-21, i. Your Applicant has a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation, and j. As required by 49 U.S.C. 5307(c)(1)(L), it will comply with the 49 U.S.C. 5329(d) requirements for a Public Transportation Agency Safety Plan, and 2. As required by 49 U.S.C. chapter 53, your Applicant certifies that it will not seek reimbursement for interest and other financing costs incurred in connection with its Project unless: a. It is eligible to receive Federal funding for those expenses, and b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require. 3. To comply with the requirements of 49 U.S.C. 5337(a)(4), your Applicant agrees that it will adopt a transit asset management plan that complies with 49 U.S.C. 5326(d). Selection and Signature Page(s) follow. Packet Pg. 384  FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES 8.15.a Packet Pg. 385 Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances)  8.15.a FTA FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES FEDERAL FISCAL YEAR 2013 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of Applicant: ____________________________________________________________ The Applicant agrees to comply with applicable provisions of Groups 01 – 24. ______ Attachment: FTA FFY13 Certifications and Assurances (1539 : 2013 FTA Certifications and Assurances) OR The Applicant agrees to comply with applicable provisions of the Groups it has selected: Group Description 01. Required Certifications and Assurances for Each Applicant. ________ 02. Lobbying. ________ 03. Private Sector Protections. ________ 04. Procurement and Procurement System. ________ 05. Rolling Stock Reviews and Bus Testing. ________ 06. Demand Responsive Service. ________ 07. Intelligent Transportation Systems. ________ 08. Interest and Finance Costs and Leasing Costs. ________ 09. Transit Asset Management and Agency Safety Plans. ________ 10. Alcohol and Controlled Substances Testing. ________ 11. Fixed Guideway Capital Investment Program (New Starts, Small Starts, and Core Capacity) ________ and Capital Investment Program in Effect before MAP-21. 12. State of Good Repair Program. ________ 13. Fixed Guideway Modernization Grant Program. ________ 14. Bus/Bus Facilities Programs. ________ 15. Urbanized Area Formula Programs and Job Access and Reverse Commute (JARC) Program. ________ 16. Seniors/Elderly/Individuals with Disabilities Programs and New Freedom Program. ________ 17. Rural/Other Than Urbanized