HomeMy WebLinkAbout8880RESOLUTION NO. 8880
A RESOLUTION AUTHORIZING THE PRESIDENT OF THE
CITY COUNCIL TO MAKE, EXECUTE AND DELIVER IN THE
NAME OF THE CITY OF PUEBLO, FEDERAL FISCAL YEAR
2000 CERTIFICATIONS AND ASSURANCES FOR FEDERAL
TRANSIT ADMINISTRATION FINANCIAL ASSISTANCE AND
TO BIND THE CITY OF PUEBLO'S COMPLIANCE THEREWITH
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The President of the City Council is authorized to make, execute and deliver in the name of
the City of Pueblo, Federal Fiscal Year 2000 Certifications And Assurances For Federal Transit
Administration Financial Assistance which are attached hereto and to bind the City of Pueblo's
compliance therewith.
SECTION 2
This Resolution shall become effective immediately upon passage.
ATTEST:
INTRODUCED: December 27, 1999
By Al Gurule
Councilperson
APPROV1 D:
f`
r'
City p erk
P
of the City Council
/2-
City of Pueblo
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
MEMORANDUM
TO: Ella Bowman, Transit Director
FROM: City Attorney
RE: FTA FY 2000 Certifications and Assurances
DATE: December 16, 1999
We enclose an appropriate Resolution to be presented to the City Council for approval at its
December 27, 1999 meeting together with copies of the above referenced Certifications and
Assurances attached thereto.
As you may recall, we did not believe Resolution No. 5709 adopted February 10, 1986 was
adequate, and forwarded to you for adoption by the City Council on February 8, 1999 a
Resolution with respect to FTA FY 1999 Certifications and Assurances.
Also, as we discussed today, we believe it is appropriate that you provide our office with your
written statement that the City is and will remain in compliance with the Certifications and
Assurances as we requested December 10, 1999.
Very truly yours,
Thomas E.rJ�agger
sm
enc.
Thursday
October 28, 1999
Part IV
Department of
Transportation
Federal Transit Administration
Fiscal Year 2000 Annual List of
Certifications and Assurances for Federal
Transit Administration Grants and
Cooperative Agreements; Notice
r
5 8266 Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices
DEPARTMENT OF TRANSPORTATION Region 8: Denver
Federal Transit Administration
Fiscal Year 2000 Annual List of
Certifications and Assurances for
Federal Transit Administration Grants
and Cooperative Agreements
AGENCY: Federal Transit Administration,
DOT.
ACTION: Notice.
SUMMARY: This Notice contains FTA's
comprehensive compilation of the
Federal Fiscal Year 2000 certifications
and assurances to be used in connection
with all Federal assistance programs
FTA administers during Federal Fiscal
Year 2000, in accordance with 49 U.S.C.
5323(n).
EFFECTIVE DATE: October 28, 1999.
FOR FURTHER INFORMATION CONTACT: FTA
staff in the appropriate Regional Office
listed below. For copies of other related
documents, see the FTA Web Site at
http: / /www.fta.dot.gov or contact the
Office of Public Affairs, Federal Transit
Administration ( 202) 366 -4019.
Region 1: Boston
States served: Maine, New Hampshire,
Vermont, Connecticut, Rhode Island
and Massachusetts
Telephone # 617- 494 -2055
Region 2: New York
States served: New York, New Jersey,
and Virgin Islands
Telephone # 212- 668 -2170
Region 3: Philadelphia
States served: Pennsylvania, Delaware,
Maryland, Virginia, West Virginia,
and District of Columbia
Telephone # 215 -656 -7100
Region 4: Atlanta
States served: Kentucky, North Carolina,
South Carolina, Georgia, Florida,
Alabama, Mississippi, Tennessee, and
Puerto Rico
Telephone # 404 - 562 -3500
Region 5: Chicago
States served: Minnesota, Wisconsin,
Michigan, Illinois, Indiana, and Ohio
Telephone # 312- 353 -2789
Region 6: Dallas /Ft.Worth
States served: Arkansas, Louisiana,
Oklahoma, Texas, and New Mexico
Telephone # 817- 978 -0550
Region 7: Kansas City
States served: Missouri, Iowa, Kansas,
and Nebraska
Telephone # 816- 523 -0204
States served: Colorado, Utah,
Wyoming, Montana, North Dakota,
South Dakota,
Telephone # 303 - 844 -3242
Region 9: San Francisco
States served: California, Hawaii, Guam
Arizona, Nevada, American Samoa,
and the Northern Mariana Islands
Telephone # 415 - 744 -3133
Region 10: Seattle
States served: Idaho, Oregon,
Washington, and Alaska
Telephone # 206 -220 -7954
SUPPLEMENTARY INFORMATION: Before
FTA may award a Federal grant or
cooperative agreement, the Applicant
must provide to FTA all certifications
and assurances pertaining to itself or its
project as required by Federal laws and
regulations. The requisite certifications
and assurances must be submitted to
FTA irrespective of whether the project
is financed under the authority of 49
U.S.C. chapter 53, or title 23, United
States Code, or another Federal statute.
The Applicant's Annual Certifications
and Assurances for Federal Fiscal Year
2000 covers all projects for which the
Applicant seeks funding during that
fiscal year. An Applicant's Annual
Certifications and Assurances
applicable to a specific grant or
cooperative agreement generally remain
in effect for the life of the grant or
cooperative agreement to closeout, or
the life of the project or project property
when a useful life or standard industry
life is in effect. If in a later year,
however, the Applicant provides
certifications and assurances that differ
from the certifications and assurances
previously made, the later certifications
and assurances will apply to the grant,
cooperative agreement, project, or
project property, except as FTA
otherwise permits.
Background
Since Federal Fiscal Year 1995, FTA
has been consolidating the various
certifications and assurances that may
be required into one document. FTA
intends to continue publishing this
document annually in conjunction with
its publication of the FTA annual
apportionment Notice, which allocates
funds made available by the latest U.S.
Department of Transportation (U.S.
DOT) annual appropriations act.
Federal Fiscal Year 2000 Changes
(1) Recipients of funds apportioned
under Section 5336 that serve a
population of 200,000 or more are
required by 49 U.S.C. 5307(k) to make
one (1) percent of their funds available
for transit enhancement activities.
Those recipients are also required to
submit an annual report listing the
projects carried out during the
preceding fiscal year with those funds.
Because recipients provide that annual
report as part of their quarterly report
for the fourth quarter of Federal Fiscal
Year 1999, we no longer request the
Applicant to indicate specifically
whether that annual report has been
submitted. The preface to Category XII
includes clarification of the reporting
requirement for those recipients
receiving Transit Enhancement funds.
(2) Additional changes include updated
reference sources, such as the reference
to FTA's disadvantaged business
enterprise regulations at 49 CFR part 26,
and other clarifications.
Text of Federal Fiscal Year 2000
Certifications and Assurances
A detailed compilation of the
provisions of the Certifications and
Assurances and the Signature Page is set
forth in Appendix A of this Notice, and
also appears in the Certification &
Assurances Tab Page of the TEAM
system. It is important that each
Applicant be familiar with all fifteen
certification and assurance categories
contained in this Notice as they may be
a prerequisite for receiving FTA
financial assistance. Provisions of this
Notice supersede conflicting statements
in any circular containing a previous
version of the Annual Certifications and
Assurances. The certifications and
assurances contained in those circulars
are merely examples, and are not
acceptable or valid for Federal Fiscal
Year 2000; do not rely on the statements
within certifications and assurances
appearing in circulars.
Significance of Certifications and
Assurances
Selecting and submitting
certifications and assurances to FTA,
either through the TEAM system or
submission of the Signature Page of
Appendix A, signifies the Applicant's
intent to comply with the requirements
of those certifications and assurances to
the extent they apply to a program for
which the Applicant submits an
application for assistance in Federal
Fiscal Year 2000.
Requirement for Attorney's Signature
FTA requires a current (Federal Fiscal
Year 2000) attorney's affirmation of the
Applicant's legal authority to certify
compliance with the funding obligations
in this document. Irrespective of
whether the Applicant chooses to make
a single selection for all fifteen
Federal Register/V 64, No. 208/Th O c tob er 28, 1999/Notices 58267
categories or select individual options
from the fifteen categories, the attorney
signature from a previous year on is not
acceptable.
Deadline for Submission
All Applicants for FTA capital
investment program or formula program
assistance, and current grantees with an
active project financed with FTA capital
investment program or formula program
assistance, will be required to provide
Federal Fiscal Year 2000 Certifications
and Assurances within 90 days from the
date of this publication or with its first
grant application in Fiscal Year 2000,
whichever is first. Other Applicants are
encouraged to submit their certifications
and assurances as soon as possible.
Preference for Electronic Submission
FTA has expanded the use of the
electronic programs for Applicants, first
introduced in 1995. Applicants should
submit their applications as well as
certifications and assurances
electronically through FTA's
Transportation Electronic Award and
Management (TEAM) system. If an
Applicant is unable to submit its
certifications and assurances through
the TEAM system, the Applicant should
use the Signature Page form in
Appendix A of this Notice.
Procedures for Electronic Submission
The Certification & Assurances Tab
Page of the TEAM system contains
fields for selecting the certifications and
assurances to be submitted. Within that
tab page are fields for the Applicant's
authorized representative and its
attorney to enter their personal
identification numbers (PINs), and thus
"sign" the certifications and assurances
for electronic transmission to FTA. In
certain circumstances, the Applicant
may enter its PIN number in lieu of an
electronic signature provided by its
Attorney, provided the Applicant has on
file the Affirmation of its Attorney in
writing dated this Federal fiscal year as
set forth in Appendix A of this Notice.
Applicants may contact the appropriate
Regional Office listed in this Notice or
the TEAM Helpdesk for more
information.
Procedures for Paper Submission
The following procedures apply to an
Applicant that is unable to submit its
certifications electronically. The
Applicant must mark the certifications
and assurances it is making on the
Signature Page form in Appendix A of
this Notice and submit it to FTA. The
Applicant may signify compliance with
all Categories by placing a single mark
in the appropriate space at the top of the
Signature Selection Page in Appendix
A. In certain circumstances, the
Applicant may certify in lieu of the
signature of its Attorney, provided the
Applicant has on file the Affirmation of
its Attorney in writing dated this
Federal fiscal year as set forth in
Appendix A of this Notice, Applicants
may contact the appropriate Regional
Office listed in this Notice for more
information.
References
The Transportation Equity Act for the
21st Century, Pub. L. 105 -178, June 9,
1998, as amended by the TEA -21
Restoration Act 105 -206, 112 Stat. 685,
July 22, 1998, 49 U.S.C. chapter 53, Title
23, United States Code, U.S. DOT and
FTA regulations at 49 CFR, and FTA
Circulars.
Issued on October 21. 1999.
Gordon J. Linton,
Administrator,
Appendix A: Federal Fiscal Year 2000
Certifications and Assurances for
Federal Transit Administration
Assistance Programs
In accordance with 49 U.S.C. 5323(n),
the following certifications and
assurances have been compiled for the
various Federal Transit Administration
(FTA) programs. FTA requests each
Applicant to provide as many of the
following certifications and assurances
as necessary to cover all programs for
which the Applicant intends to seek
FTA assistance in Federal Fiscal Year
2000. A state providing certifications
and assurances on behalf of its
prospective subrecipients is expected to
obtain sufficient documentation from
those subrecipients to assure the
validity of its certifications and
assurances. The fifteen categories of
certifications and assurances are listed
by Roman numerals I through XV on the
other side of the Signature Page of this
document and on the certifications and
assurances tab page of FTA's
Transportation Electronic Award and
Management (TEAM) system. Categories
II through XV will apply to some, but
not all, applicants. The designation of
the categories corresponds to the
circumstances mandating submission of
specific certifications, assurances, or
agreements. As previously stated, FTA
encourages the Applicant to submit its
certifications and assurances through
the TEAM system.
I. Certifications and Assurances
Required of Each Applicant
Each Applicant for Federal assistance
awarded by FTA must provide all
certifications and assurances in this
category I. Consequently, FTA may not
award any Federal assistance until the
Applicant provides assurance of
compliance by selecting category ''I'' on
the TEAM system certifications and
assurances tab page or on the Signature
Page at the end of this document.
A. Authority of Applicant and Its
Representative
The authorized representative of the
Applicant and legal counsel who sign
these certifications, assurances, and
agreements affirm that both the
Applicant and its authorized
representative have adequate authority
under state and local law and the by-
laws or internal rules of the Applicant
or anization to:
1) Execute and file the application for
Federal assistance on behalf of the
Applicant,
(2) Execute and file the required
certifications, assurances, and
agreements on behalf of the Applicant
binding the Applicant, and
(3) Execute grant agreements and
cooperative agreements with FTA on
behalf of the Applicant.
B. Standard Assurances
The Applicant assures that it will
comply with all applicable Federal
statutes, regulations, executive orders,
FTA circulars, and other Federal
administrative requirements in carrying
out any project supported by the FTA
grant or cooperative agreement. The
Applicant acknowledges that it is under
a continuing obligation to comply with
the terms and conditions of the grant
agreement or cooperative agreement
issued for its project with FTA. The
Applicant understands that Federal
laws, regulations, policies, and
administrative practices might be
modified from time to time and affect
the implementation of the project. The
Applicant agrees that the most recent
Federal requirements will apply to the
project, unless FTA issues a written
determination otherwise.
C. Debarment, Suspension, and Other
Responsibility Matters for Primary
Covered Transactions
As required by U.S. DOT regulations
on Governmentwide Debarment and
Suspension (Nonprocurement) at 49
CFR 29.510:
(1) The Applicant (Primary
Participant) certifies, to the best of its
knowledge and belief, that it and its
principals:
(a) Are not presently debarred,
suspended, proposed for debarment,
declared ineligible, or voluntarily
excluded from covered transactions by
any Federal department or agency;
5 82 6 8 Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices
(b) Have not, within a three (3) year
period preceding this certification, been
convicted of or had a civil judgment
rendered against them for commission
of fraud or a criminal offense in
connection with obtaining, attempting
to obtain, or performing a public
(Federal, state, or local) transaction or
contract under a public transaction,
violation of Federal or state antitrust
statutes, or commission of
embezzlement, theft, forgery, bribery,
falsification or destruction of records,
making false statements, or receiving
stolen property;
(c) Are not presently indicted for or
otherwise criminally or civilly charged
by a governmental entity (Federal, state,
or local) with commission of any of the
offenses listed in subparagraph (1) (b) of
this certification; and
(d) Have not within a three -year
period preceding this certification had
one or more public transactions
(Federal, state, or local) terminated for
cause or default.
(2) The Applicant also certifies that, if
it later becomes aware of any
information contradicting the
statements of paragraph (1) above, it
will promptly provide that information
to FTA.
(3) If the Applicant (Primary
Participant) is unable to certify to all
statements in paragraphs (1) and (2) of
this certification, it shall indicate so in
its applications, or in the transmittal
letter or message or accompanying its
annual certifications and assurances,
and provide a written explanation to
FTA.
D. Drug -Free Workplace Agreement
As required by U.S. DOT regulations,
''Drug -Free Workplace Requirements
(Grants),'' 49 CFR part 29, Subpart F, as
modified by 41 U.S.C. 702, the
Applicant agrees that it will provide a
drug -free workplace by:
(1) Publishing a statement notifying
its employees that the unlawful
manufacture, distribution, dispensing,
possession, or use of a controlled
substance is prohibited in its workplace
and specifying the actions that will be
taken against its employees for violation
of that prohibition;
(2) Establishing an ongoing drug -free
awareness program to inform its
employees about:
(a) The dangers of drug abuse in the
workplace,
(b) Its policy of maintaining a drug -
free workplace,
(c) Any available drug counseling,
rehabilitation, and employee assistance
programs, and
(d) The penalties that may be imposed
upon its employees for drug abuse
violations occurring in the workplace;
(3) Making it a requirement that each
of its employees to be engaged in the
performance of the grant or cooperative
agreement be given a copy of the
statement required by paragraph (1) of
this certification;
(4) Notifying each of its employees in
the statement required by paragraph (1)
of this certification that, as a condition
of employment financed with Federal
assistance provided by the grant or
cooperative agreement, the employee
will be required to:
(a) Abide by the terms of the
statement, and
(b) Notify the employer (Applicant) in
writing of any conviction for a violation
of a criminal drug statute occurring in
the workplace no later than five (5)
calendar days after that conviction;
(5) Notifying FTA in writing, within
ten (10) calendar days after receiving
notice required by paragraph (4) (b)
above from an employee or otherwise
receiving actual notice of that
conviction. The Applicant, as employer
of any convicted employee, must
provide notice, including position title,
to every project officer or other designee
on whose project activity the convicted
employee was working. Notice shall
include the identification number(s) of
each affected grant or cooperative
agreement;
(6) Taking one of the following
actions within thirty (30) calendar days
of receiving notice under paragraph
(4) (b) of this agreement with respect to
any employee who is so convicted:
(a) Taking appropriate personnel
action against that employee, up to and
including termination, consistent with
the requirements of the Rehabilitation
Act of 1973, as amended, or
(b) Requiring that employee to
participate satisfactorily in a drug abuse
assistance or rehabilitation program
approved for such purposes by a
Federal, state, or local health, law
enforcement, or other appropriate
agency; and
(7) Making a good faith effort to
continue to maintain a drug -free
workplace through implementation of
paragraphs (1), (2), (3), (4), (5), and (6)
of this agreement. The Applicant agrees
to maintain a list identifying its
headquarters location and each
workplace it maintains in which project
activities supported by FTA are
conducted, and make that list readily
accessible to FTA.
E. Intergovernmental Review Assurance
The Applicant assures that each
application for Federal assistance
submitted to FTA has been or will be
submitted, as required by each state, for
intergovernmental review to the
appropriate state and local agencies.
Specifically, the Applicant assures that
it has fulfilled or will fulfill the
obligations imposed on FTA by U.S.
DOT regulations, "Intergovernmental
Review of Department of Transportation
Programs and Activities,'' 49 CFR part
17.
F. Nondiscrimination Assurance
As required by 49 U.S.C. 5332 (which
prohibits discrimination on the basis of
race, color, creed, national origin, sex,
or age, and prohibits discrimination in
employment or business opportunity),
Title VI of the Civil Rights Act of 1964,
as amended, 42 U.S.C. 2000d, and U.S.
DOT regulations, "Nondiscrimination in
Federally- Assisted Programs of the
Department of Transportation —
Effectuation of Title VI of the Civil
Rights Act," 49 CFR part 21 at 21.7, the
Applicant assures that it will comply
with all requirements of 49 CFR part 21;
FTA Circular 4702. 1, ''Title VI Program
Guidelines for Federal Transit
Administration Recipients '', and other
applicable directives, so that no person
in the United States, on the basis of
race, color, national origin, creed, sex,
or age will be excluded from
participation in, be denied the benefits
of, or otherwise be subjected to
discrimination in any program or
activity (particularly in the level and
quality of transportation services and
transportation - related benefits) for
which the Applicant receives Federal
assistance awarded by the U.S. DOT or
FTA as follows:
(1) The Applicant assures that each
project will be conducted, property
acquisitions will be undertaken, and
project facilities will be operated in
accordance with all applicable
requirements of 49 U.S.C. 5332 and 49
CFR part 21, and understands that this
assurance extends to its entire facility
and to facilities operated in connection
with the project.
(2) The Applicant assures that it will
take appropriate action to ensure that
any transferee receiving property
financed with Federal assistance
derived from FTA will comply with the
applicable requirements of 49 U.S.C.
5332 and 49 CFR part 21.
(3) The Applicant assures that it will
promptly take the necessary actions to
effectuate this assurance, including
notifying the public that complaints of
discrimination in the provision of
transportation - related services or
benefits may be filed with U.S. DOT or
FTA. Upon request by U.S. DOT or FTA,
the Applicant assures that it will submit
Federal Register / Vol. 64, No. 208 / Thursday, October 28, 1999 / Notices 58269
the required information pertaining to
its compliance with these requirements.
(4) The Applicant assures that it will
make any changes in its 49 U.S.C. 5332
and Title VI implementing procedures
as U.S. DOT or FTA may request.
(5) As required by 49 CFR 21.7 (a) (2) ,
the Applicant will include in each third
party contract or subagreement
provisions to invoke the requirements of
49 U.S.C. 5332 and 49 CFR part 21, and
include provisions to invoke those
requirements in deeds and instruments
recording the transfer of real property,
structures, improvements.
G. Disadvantaged Business Enterprise
Assurance
In accordance with 49 CFR 26.13(a),
the Recipient assures that it shall not
discriminate on the basis of race, color,
national origin, or sex in the award and
performance of any third party contract,
or subagreement supported with Federal
assistance derived from the U.S. DOT or
in the administration of its DBE program
or the requirements of 49 CFR part 26.
The Recipient assures that it shall take
all necessary and reasonable steps under
49 CFR part 26 to ensure
nondiscrimination in the award and
administration of all third party
contracts and subagreements supported
with Federal assistance derived from the
U.S. DOT. The Recipient's DBE
program, as required by 49 CFR part 26
and approved by the U.S. DOT, is
incorporated by reference and made part
of the grant agreement or cooperative
agreement. Implementation of this DBE
program is a legal obligation, and failure
to carry out its terms shall be treated as
a violation of the grant agreement or
cooperative agreement. Upon
notification by the Government to the
Recipient of its failure to implement its
approved DBE program, the U.S. DOT
may impose sanctions as provided for
under 49 CFR part 26 and may, in
appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001, and/
or the Program Fraud Civil Remedies
Act, 31 U.S.C. 3801 et seq.
H. Assurance of Nondiscrimination on
the Basis of Disability
As required by U.S. DOT regulations,
"Nondiscrimination on the Basis of
Handicap in Programs and Activities
Receiving or Benefiting from Federal
Financial Assistance," at 49 CFR part
27, implementing the Rehabilitation Act
of 1973, as amended, and the Americans
with Disabilities Act of 1990, as
amended, the Applicant assures that, as
a condition to the approval or extension
of any Federal assistance awarded by
FTA to construct any facility, obtain any
rolling stock or other equipment,
undertake studies, conduct research, or
to participate in or obtain any benefit
from any program administered by FTA,
no otherwise qualified person with a
disability shall be, solely by reason of
that disability, excluded from
participation in, denied the benefits of,
or otherwise subjected to discrimination
in any program or activity receiving or
benefiting from Federal assistance
administered by the FTA or any entity
within U.S. DOT. The Applicant assures
that project implementation and
operations so assisted will comply with
all applicable requirements of U.S. DOT
regulations implementing the
Rehabilitation Act of 1973, as amended,
29 U.S.C. 794, and the Americans with
Disabilities Act of 1990, as amended, 42
U.S.C. 12101 et seq. at 49 CFR parts 27,
37, and 38, and any applicable
regulations and directives issued by
other Federal departments or agencies.
I. Procurement Compliance
The Applicant certifies that its
procurements and procurement system
will comply with all applicable
requirements imposed by Federal laws,
executive orders, or regulations and the
requirements of FTA Circular 4220.1D,
`Third Party Contracting
Requirements,'' and other implementing
requirements FTA may issue. The
Applicant certifies that it will include in
its contracts financed in whole or in
part with FTA assistance all clauses
required by Federal laws, executive
orders, or regulations, and will ensure
that each subrecipient and each
contractor will also include in its
subagreements and contracts financed
in whole or in part with FTA assistance
all applicable clauses required by
Federal laws, executive orders, or
regulations.
J. Certifications Prescribed by the Office
of Management and Budget (SF -424B
and SF -424D)
The Applicant certifies that it:
(1) Has the legal authority to apply for
Federal assistance and the institutional,
managerial, and financial capability
(including funds sufficient to pay the
non - Federal share of project cost) to
ensure proper planning, management,
and completion of the project described
in its application.
(2) Will give FTA, the Comptroller
General of the United States and, if
appropriate, the state, through any
authorized representative, access to and
the right to examine all records, books,
papers, or documents related to the
award; and will establish a proper
accounting system in accordance with
generally accepted accounting standards
or agency directives.
(3) Will establish safeguard to prohibit
employees from using their positions for
a purpose that constitutes or presents
the appearance of personal or
organizational conflict of interest or
personal gain.
(4) Will initiate and complete the
work within the applicable project time
periods following receipt of FTA
ap roval.
5) Will comply with all statutes
relating to nondiscrimination including,
but not limited to:
(a) Title VI of the Civil Rights Act, 42
U.S.C. 2000d, which prohibits
discrimination on the basis of race,
color, or national origin;
(b) Title IX of the Education
Amendments of 1972, as amended, 20
U.S.C. 1681, 1683, and 1685 through
1687, which prohibits discrimination on
the basis of sex;
(c) Section 504 of the Rehabilitation
Act of 1973, as amended, 29 U.S.C. 794,
which prohibits discrimination on the
basis of handicaps;
(d) The Age Discrimination Act of
1975, as amended, 42 U.S.C. 6101
through 6107, which prohibit
discrimination on the basis of age;
(e) The Drug Abuse Office and
Treatment Act of 1972, Pub. L. 92 -255,
March 21, 1972, and amendments
thereto, relating to nondiscrimination
on the basis of drug abuse;
(f) The Comprehensive Alcohol Abuse
and Alcoholism Prevention Act of 1970,
Pub. L. 91 -616, Dec. 31, 1970, and
amendments thereto, relating to
nondiscrimination on the basis of
alcohol abuse or alcoholism;
(g) The Public Health Service Act of
1912, as amended, 42 U.S.C. 290dd -3
and 290ee -3, related to confidentiality
of alcohol and drug abuse patient
records;
(h) Title VIII of the Civil Rights Act,
42 U.S.C. 3601 et seq., relating to
nondiscrimination in the sale, rental, or
financing of housing;
(i) Any other nondiscrimination
provisions in the specific statutes under
which Federal assistance for the project
may be provided including, but not
limited to section 1101(b) of the
Transportation Equity Act for the 21st
Century, 23 U.S.C. 101 note, which
provides for participation of
disadvantaged business enterprises in
FTA programs; and
0) The requirements of any other
nondiscrimination statute(s) that may
ap ly to the project.
C6) Will comply, or has complied,
with the requirements of Titles II and III
of the Uniform Relocation Assistance
and Real Property Acquisition Policies
Act of 1970, as amended, (Uniform
Relocation Act) 42 U.S.C. 4601 et seq.,
58270 Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices
which provide for fair and equitable
treatment of persons displaced or whose
property is acquired as a result of
Federal of federally- assisted programs.
These requirements apply to all
interests in real property acquired for
project purposes regardless of Federal
participation in purchases. As required
by U.S. DOT regulations, ''Uniform
Relocation Assistance and Real Property
Acquisition for Federal and Federally
Assisted Programs," at 49 CFR 24.4, and
sections 210 and 305 of the Uniform
Relocation Act, 42 U.S.C. 4630 and
4655, the Applicant assures that it has
the requisite authority under applicable
state and local law and will comply or
has complied with the requirements of
the Uniform Relocation Act, 42 U.S.C.
4601 et seq., and U.S. DOT regulations,
"Uniform Relocation Assistance and
Real Property Acquisition for Federal
and Federally Assisted Programs," 49
CFR part 24 including, but not limited
to the following:
(a) The Applicant will adequately
inform each affected person of the
benefits, policies, and procedures
provided for in 49 CFR part 24;
(b) The Applicant will provide fair
and reasonable relocation payments and
assistance required by 42 U.S.C. 4622,
4623, and 4624; 49 CFR part 24; and any
applicable FTA procedures, to or for
families, individuals, partnerships,
corporations or associations displaced
as a result of any project financed with
FTA assistance;
(c) The Applicant will provide
relocation assistance programs offering
the services described in 42 U.S.C. 4625
to such displaced families, individuals,
partnerships, corporations, or
associations in the manner provided in
49 CFR part 24 and FTA procedures;
(d) Within a reasonable time before
displacement, the Applicant will make
available comparable replacement
dwellings to displaced families and
individuals as required by 42 U.S.C.
4625(c)(3);
(e) The Applicant will carry out the
relocation process in such a manner as
to provide displaced persons with
uniform and consistent services, and
will make available replacement
housing in the same range of choices
with respect to such housing to all
displaced persons regardless of race,
color, religion, or national origin; and
(f) In acquiring real property, the
Applicant will be guided to the greatest
extent practicable under state law, by
the real property acquisition policies of
42 U.S.C. 4651 and 4652;
(g) The Applicant will pay or
reimburse property owners for
necessary expenses as specified in 42
U.S.C. 4653 and 4654, with the
understanding that FTA will participate
in the Applicant's eligible costs of
providing payments for those expenses
as required by 42 U.S.C. 4631;
(h) The Applicant will execute such
amendments to third party contracts
and subagreements financed with FTA
assistance and execute, furnish, and be
bound by such additional documents as
FTA may determine necessary to
effectuate or implement the assurances
provided herein; and
(i) The Applicant agrees to make these
assurances part of or incorporate them
by reference into any third party
contract or subagreement, or any
amendments thereto, relating to any
project financed by FTA involving
relocation or land acquisition and
provide in any affected document that
these relocation and land acquisition
provisions shall supersede any
conflicting provisions.
(7) To the extent applicable, will
comply with provisions of the Hatch
Act, 5 U.S.C. 1501 through 1508, and
7324 through 7326, which limit the
political activities of state and local
agencies and their officers and
employees whose principal employment
activities are financed in whole or part
with Federal funds including a Federal
loan, grant, or cooperative agreement,
but pursuant to 23 U.S.C. 142(8), does
not apply to a nonsupervisory employee
of a transit system (or of any other
agency or entity performing related
functions) receiving FTA assistance to
whom the Hatch Act does not otherwise
apply.
(8) To the extent applicable, will
comply with the Davis -Bacon Act, as
amended, 40 U.S.C. 276a through
276a(7), the Copeland Act, as amended,
18 U.S.C. 874 and 40 U.S.C. 276c, and
the Contract Work Hours and Safety
Standards Act, as amended, 40 U.S.C.
327 through 333, regarding labor
standards for federally- assisted
subagreements.
(9) To the extent applicable, will
comply with flood insurance purchase
requirements of section 102(a) of the
Flood Disaster Protection Act of 1973, as
amended, 42 U.S.C. 4012a(a), requiring
recipients in a special flood hazard area
to participate in the program and
purchase flood insurance if the total
cost of insurable construction and
acquisition is $10,000 or more.
(10) Will comply with environmental
standards that may be prescribed to
implement the following Federal laws
and executive orders:
(a) Institution of environmental
quality control measures under the
National Environmental Policy Act of
1969, as amended, 42 U.S.C. 4321 et
seq. and Executive Order No. 11514, as
amended, 42 U.S.C. 4321 note;
(b) Notification of violating facilities
pursuant to Executive Order No. 11738,
42 U.S.C. 7606 note;
(c) Protection of wetlands pursuant to
Executive Order No. 11990, 42 U.S.C.
4321 note;
(d) Evaluation of flood hazards in
floodplains in accordance with
Executive Order 11988, 42 U.S.C. 4321
note;
(e) Assurance of project consistency
with the approved State management
program developed pursuant to the
requirements of the Coastal Zone
Management Act of 1972, as amended,
16 U.S.C. 1451 et seq.
(f) Conformity of Federal actions to
State (Clean Air) Implementation Plans
under section 176(c) of the Clean Air
Act of 1955, as amended, 42 U.S.C. 7401
et seq.;
(g) Protection of underground sources
of drinking water under the Safe
Drinking Water Act of 1974, as
amended, 42 U.S.C. 300h et seq.;
(h) Protection of endangered species
under the Endangered Species Act of
1973, as amended, Endangered Species
Act of 1973, as amended, 16 U.S.C. 1531
et seq.; and
(i) Environmental protections for
Federal transit programs, including, but
not limited to protections for a park,
recreation area, or wildlife or waterfowl
refuge of national, state, or local
significance or any land from a historic
site of national, state, or local
significance used in a transit project as
required by 49 U.S.C. 303.
(11) Will comply with the Wild and
Scenic Rivers Act of 1968, as amended,
16 U.S.C. 1271 et seq. relating to
protecting components of the national
wild and scenic rivers systems.
(12) Will assist FTA in assuring
compliance with section 106 of the
National Historic Preservation Act of
1966, as amended, 16 U.S.C. 470f,
Executive Order No. 11593
(identification and protection of historic
properties), 16 U.S.C. 470 note, and the
Archaeological and Historic
Preservation Act of 1974, as amended,
16 U.S.C. 469a -1 et seq.
(13) Will comply with the Lead -Based
Paint Poisoning Prevention Act, 42
U.S.C. 4801, which prohibits the use of
lead -based paint in construction or
rehabilitation of residence structures.
(14) Will not dispose of, modify the
use of, or change the terms of the real
property title, or other interest in the
site and facilities on which a
construction project supported with
FTA assistance takes place without
permission and instructions from the
awarding agency.
Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices 58271
(15) Will record the Federal interest in
the title of real property in accordance
with FTA directives and will include a
covenant in the title of real property
acquired in whole or in part with
Federal assistance funds to assure
nondiscrimination during the useful life
of the project.
(16) Will comply with FTA
requirements concerning the drafting,
review, and approval of construction
plans and specifications of any
construction project supported with
FTA assistance. As required by U.S.
DOT regulations, "Seismic Safety," 49
CFR 41.117(d), before accepting delivery
of any building financed with FTA
assistance, it will obtain a certificate of
compliance with the seismic design and
construction requirements of 49 CFR
part 41.
(17) Will provide and maintain
competent and adequate engineering
supervision at the construction site of
any project supported with FTA
assistance to ensure that the complete
work conforms with the approved plans
and specifications and will furnish
progress reports and such other
information as may be required by FTA
or the State.
(18) Will comply with the National
Research Act, Pub. L. 93 -348, July 12,
1974, as amended, regarding the
protection of human subjects involved
in research, development, and related
activities supported by Federal
assistance.
(19) Will comply with the Laboratory
Animal Welfare Act of 1966, as
amended, 7 U.S.C. 2131 et seq.
pertaining to the care, handling, and
treatment of warm blooded animals held
for research, teaching, or other activities
supported by FTA assistance.
(20) Will have performed the financial
and compliance audits required by the
Single Audit Act Amendments of 1996,
31 U.S.C. 7501 et seq. and OMB Circular
No. A -133, "Audits of States, Local
Governments, and Non - Profit
Organizations and Department of
Transportation provisions of OMB A-
133 Compliance Supplement, April,
1999."
(2 1) Will comply with all applicable
requirements of all other Federal laws,
executive orders, regulations, and
policies governing the project.
II. Lobbying Certification for an
Application Exceeding $100,000
An Applicant that submits, or intends
to submit this fiscal year, an application
for Federal assistance exceeding
$100,000 must provide the following
certification. Consequently, FTA may
not provide Federal assistance for an
application exceeding $100,000 until
the Applicant provides this certification
by selecting category "II'' on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
A. As required by U.S. DOT
regulations, "New Restrictions on
Lobbying," at 49 CFR 20.110, the
Applicant's authorized representative
certifies to the best of his or her
knowledge and belief that for each
application for a Federal assistance
exceeding $100,000:
(1) No Federal appropriated funds
have been or will be paid, by or on
behalf of the Applicant, to any person
for influencing or attempting to
influence an officer or employee of any
agency, a Member of Congress, an
officer or employee of Congress, or an
employee of a Member of Congress
pertaining to the award of any Federal
assistance, or the extension,
continuation, renewal, amendment, or
modification of any Federal assistance
agreement; and
(2) If any funds other than Federal
appropriated funds have been or will be
paid to any person for influencing or
attempting to influence an officer or
employee of any agency, a Member of
Congress, an officer or employee of
Congress, or an employee of a Member
of Congress in connection with any
application to FTA for Federal
assistance, the Applicant assures that it
will complete and submit Standard
Form -LLL, "Disclosure Form to Report
Lobbying," including the information
required by the form's instructions,
which may be amended to omit such
information as permitted by 31 U.S.C.
1352.
B. The Applicant understands that
this certification is a material
representation of fact upon which
reliance is placed and that submission
of this certification is a prerequisite for
providing Federal assistance for a
transaction covered by 31 U.S.C. 1352.
The Applicant also understands that
any person who fails to file a required
certification shall be subject to a civil
penalty of not less than $10,000 and not
more than $100,000 for each such
failure.
III. Certification Pertaining to the Effects
of the Project on Private Mass
Transportation Companies
An Applicant that is a state or local
government that seeks Federal
assistance authorized by 49 U.S.C.
chapter 53 to acquire property of a
private mass transportation company or
an interest in property of a private mass
transportation company or operate mass
transportation equipment or a facility in
competition with or in addition to
transportation service provided by an
existing mass transportation company
must provide the following certification.
Consequently, FTA may not award
Federal assistance for that project until
the Applicant provides this certification
by selecting category ''III" on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
As required by 49 U.S.C. 5323(a) (1),
the Applicant certifies that before it
acquires property or an interest in
property of a private mass
transportation company or operates
mass transportation equipment or a
facility in competition with or in
addition to transportation service
provided by an existing mass
transportation company it has or will
have:
A. Found that the assistance is
essential to carrying out a program of
projects as determined by the plans and
programs of the metropolitan planning
organization;
B. Provided for the participation of
private mass transportation companies
to the maximum extent feasible;
C. Paid just compensation under State
or local law to a private mass
transportation company for its
franchises or property acquired and;
D. Acknowledged that the assistance
falls within the labor standards
compliance requirements of 49 U.S.C.
5333(a) and 5333(b).
IV. Public Hearing Certification for a
Capital Project That Will Substantially
Affect a Community or Its Transit
Service
An Applicant seeking Federal
assistance under 49 U.S.C. chapter 53
for a capital project that will
substantially affect a community or the
community's transit service must
provide the following certification.
Consequently, FTA may not award
Federal assistance for that project until
the Applicant provides this certification
by selecting category "IV" on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
As required by 49 U.S.C. 5323(b), the
Applicant certifies that it has, or before
submitting its application, will have:
A. Provided an adequate opportunity
for a public hearing with adequate prior
notice of the proposed project published
in a newspaper of general circulation in
the geographic area to be served;
B. Held that hearing and provided
FTA a transcript or detailed report
summarizing the issues and responses,
unless no one with a significant
economic, social, or environmental
interest requests a hearing;
58272 Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices
C. Considered the economic, social,
and environmental effects of the project;
and
D. Determined that the project is
consistent with official plans for
developing the urban area.
V. Certification of Pre -Award and Post -
Delivery Reviews Required for
Acquisition of Rolling Stock
An Applicant seeking FTA assistance
to acquire rolling stock must provide the
following certification. Consequently,
FTA may not provide assistance to
acquire rolling stock until the Applicant
provides this certification by selecting
category "V" on the TEAM system
certifications and assurances tab page or
on the Signature Page at the end of this
document.
As required by 49 U.S.C. 5323(m) and
implementing FTA regulations at 49
CFR 663.7, the Applicant certifies that
it will comply with the requirements of
49 CFR part 663 when procuring
revenue service rolling stock. Among
other things, the Applicant agrees to
conduct or cause to be conducted the
requisite pre -award and post - delivery
reviews, and maintain on file the
certifications required by 49 CFR part
663, subparts B, C, and D.
VI. Bus Testing Certification Required
for New Bus Acquisitions
An Applicant seeking FTA assistance
to acquire new buses must provide the
following certification. Consequently,
FTA may not provide assistance for the
acquisition of new buses until the
Applicant provides this certification by
selecting category "VI'' on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
As required by FTA regulations, "Bus
Testing," at 49 CFR 665.7, the Applicant
certifies that before expending any
Federal assistance to acquire the first
bus of any new bus model or any bus
model with a new major change in
configuration or components or
authorizing final acceptance of that bus
(as described in 49 CFR part 665):
A. The model of the bus will have
been tested at a bus testing facility
approved by FTA; and
B. It will have received a copy of the
test report prepared on the bus model.
V11. Charter Service Agreement
An Applicant seeking FTA assistance
to acquire or operate transportation
equipment or facilities acquired with
Federal assistance authorized by 49
U.S.C. chapter 53 or Title 23, U.S.C.
(except 49 U.S.C. 53 10) must enter into
the following charter service agreement.
Consequently, FTA may not provide
assistance for those projects until the
Applicant enters into this agreement by
selecting category "VII" on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
A. As required by 49 U.S.C. 5323(d)
and FTA regulations, ''Charter Service,"
at 49 CFR 604.7, the Applicant agrees
that it and its recipients will:
(1) Provide charter service that uses
equipment or facilities acquired with
Federal assistance authorized for 49
U.S.C. 5307, 5309, or 5311 or Title 23
U.S.C., only to the extent that there are
no private charter service operators
willing and able to provide the charter
service that it or its recipients desire to
provide, unless one or more of the
exceptions in 49 CFR 604.9 applies, and
(2) Comply with the provisions of 49
CFR part 604 before they provide any
charter service using equipment or
facilities acquired with Federal
assistance authorized for the above
statutes.
B. The Applicant understands that the
requirements of 49 CFR part 604 will
apply to any charter service provided,
the definitions in 49 CFR part 604 apply
to this agreement, and violation of this
agreement may require corrective
measures and the imposition of
penalties, including debarment from the
receipt of further Federal assistance for
transportation.
VIII. School Transportation Agreement
An Applicant seeking FTA assistance
to acquire or operate transportation
facilities and equipment acquired with
Federal assistance authorized by 49
U.S.C. chapter 53 or Title 23, U.S.C.
must agree as follows. Consequently,
FTA may not provide assistance for
transportation facilities until the
Applicant enters into this Agreement by
selecting category "VIII" on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
A. As required by 49 U.S.C. 5323(f)
and FTA regulations, "School Bus
Operations,'' at 49 CFR 605.14, the
Applicant agrees that it and all its
recipients will:
(1) Engage in school transportation
operations in competition with private
school transportation operators only to
the extent permitted by 49 U.S.C.
5323(f), and implementing regulations,
and
(2) Comply with the requirements of
49 CFR part 605 before providing any
school transportation using equipment
or facilities acquired with Federal
assistance awarded by FTA and
authorized by 49 U.S.C. chapter 53 or
Title 23 U.S.C. for transportation
projects.
B. The Applicant understands that the
requirements of 49 CFR part 605 will
apply to any school transportation it
provides, the definitions of 49 CFR part
605 apply to this school transportation
agreement, and a violation of this
, agreement may require corrective
measures and the imposition of
penalties, including debarment from the
receipt of further Federal assistance for
transportation.
IX. Certification Required for the Direct
Award of FTA Assistance to an
Applicant for Its Demand Responsive
Service
An Applicant seeking direct Federal
assistance to support demand
responsive service must provide the
following certification. Consequently,
FTA may not award Federal assistance
directly to an Applicant to support its
demand responsive service until the
Applicant provides this certification by
selecting category "IX" on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
As required by U.S. DOT regulations,
"Transportation Services for Individuals
with Disabilities (ADA)," at 49 CFR
37.77, the Applicant certifies that its
demand responsive service offered to
persons with disabilities, including
persons who use wheelchairs, is
equivalent to the level and quality of
service offered to persons without
disabilities. When viewed in its entirety,
the Applicant's service for persons with
disabilities is provided in the most
integrated setting feasible and is
equivalent with respect to: (1) Response
time, (2) fares, (3) geographic service
area, (4) hours and days of service, (5)
restrictions on trip purpose, (6)
availability of information and
reservation capability, and (7)
constraints on capacity or service
availability.
X. Substance Abuse Certifications
If the Applicant is required by Federal
regulations to provide the following
substance abuse certifications, FTA may
not provide Federal assistance to that
Applicant until it provides these
certifications by selecting category
on the TEAM system certifications and
assurances tab page or on the Signature
Page at the end of this document.
A. Alcohol Testing Certification
As required by FTA regulations,
''Prevention of Alcohol Misuse in
Transit Operations," at 49 CFR 654.83,
the Applicant certifies that it has
established and implemented an alcohol
Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices 58273
misuse prevention program in
compliance with 49 CFR part 654; and
if the Applicant has employees
regulated by the U.S. Federal Railroad
Administration (U.S. FRA), the
Applicant also certifies that it has for
those employees an alcohol misuse
prevention program in compliance with
U.S. FRA regulations, "Control of
Alcohol and Drug Use,'' 49 CFR part
219.
B. Anti -Drug Program Certification
As required by FTA regulations
"Prevention of Prohibited Drug Use in
Transit Operations,'' at 49 CFR 653.83,
the Applicant certifies that it has
established and implemented an anti-
drug program and conducted employee
training in compliance with 49 CFR part
653; and if the Applicant has employees
regulated by the U.S. Federal Railroad
Administration (U.S. FRA), the
Applicant also certifies that it has for
those employees an anti -drug program
in compliance with U.S. FRA
regulations, ''Control of Alcohol and
Drug Use,'' 49 CFR part 219.
XI. Certification Required for Interest or
Other Financing Costs
The Applicant must provide the
following certification in connection
with requests for reimbursements of
interest or other financing costs of
capital projects. FTA may not provide
assistance to support those costs until
the Applicant provides this certification
by selecting category "XI" on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
As required by 49 U.S.C. 5307(g), 49
U.S.C. 5309(g)(2)(B), 49 U.S.C.
5309(g)(3) (A), and 49 U.S.C. 5309(n), the
Applicant certifies that it will not seek
reimbursement for interest and other
financing costs unless its records
demonstrate it has used reasonable
diligence in seeking the most favorable
financing terms underlying those costs,
to the extent FTA might require.
X11. Certifications and Assurances for
the Urbanized Area Formula Program
and the Job Access and Reverse
Commute Program
Each Applicant to FTA for Urbanized
Area Formula Program assistance
authorized for 49 U.S.C. 5307 and each
Applicant for Job Access and Reverse
Commute Program assistance authorized
for section 3037 of the Transportation
Equity Act for the 21st Century, 49
U.S.C. 5309 note, must provide the
following certifications in connection
with its application. Consequently, FTA
may not award Urbanized Area Formula
Program assistance or Job Access and
Reverse Commute Program assistance to
the Applicant until the Applicant
provides these certifications and
assurances by selecting category "XII''
on the TEAM system certifications and
assurances tab page or on the Signature
Page at the end of this document.
In addition, each Applicant that has
received Transit Enhancement funding
authorized by 49 U.S.C. 5307(k) (1) must
include within its quarterly report for
the fourth quarter of the preceding
Federal fiscal year a list of the projects
carried out during the preceding Federal
fiscal year with those Transit
Enhancement funds. That list
constitutes the report of transit projects
carried out during the preceding fiscal
year to be submitted as part of the
Applicant's annual certifications and
assurances, as required by 49 U.S.C.
5307(k) (3), and is thus incorporated by
reference and made part of that
Applicant's annual certifications and
assurances. FTA may not award
Urbanized Area Formula Program
assistance to any Applicant that has
received Transit Enhancement funding
authorized by 49 U.S.C. 5307(k)(1),
unless that Applicant's quarterly report
for the fourth quarter of the preceding
Federal fiscal year has been submitted
to FTA and that report contains the
requisite list.
A. Certifications Required by Statute
(1) As required by 49 U.S.C.
5307(d)(1)(A) through (J), the Applicant
certifies that:
(a) It has or will have the legal,
financial, and technical capacity to
carry out the proposed program of
projects;
(b) It has or will have satisfactory
continuing control over the use of the
equipment and facilities;
(c) It will adequately maintain the
equipment and facilities;
(d) It will ensure that elderly or
handicapped persons, or any person
presenting a Medicare card issued to
himself or herself pursuant to title II or
title XVIII of the Social Security Act (42
U.S.C. 401 et seq. or 42 U.S.C. 1395 et
seq.), will be charged for transportation
during non -peak hours using or
involving a facility or equipment of a
project financed with Federal assistance
authorized for 49 U.S.C. 5307 or for
section 3037 of the Transportation
Equity Act for the 21st Century (TEA -
21), 49 U.S.C. 5309 note, not more than
fifty (50) percent of the peak hour fare;
(e) In carrying out a procurement
financed with Federal assistance
authorized for the Urbanized Area
Formula Program at 49 U.S.C. 5307 or
section 3037 of TEA -21, 49 U.S.C. 5309
note, it will use competitive
procurement (as defined or approved by
the Secretary), it will not use a
procurement using exclusionary or
discriminatory specifications, and it
will comply with applicable Buy
America laws in carrying out a
procurement;
(f) It has complied or will comply
with the requirements of 49 U.S.C.
5307(c). Specifically, it has made
available or before submitting its
application it will make available: (1) To
the public information on amounts
available for the Urbanized Area
Formula Program at 49 U.S.C. 5307 and,
if applicable, the Job Access and
Reverse Commute Grant Program, 49
U.S.C. 5309 note, and the program of
projects it proposes to undertake with
those funds; (2) in consultation with
interested parties including private
transportation providers, develop a
proposed program of projects for
activities to be financed; (3) publish a
proposed program of projects in a way
that affected citizens, private
transportation providers, and local
elected officials have the opportunity to
examine the proposed program and
submit comments on the proposed
program and the performance of the
Applicant; (4) provide an opportunity
for a public hearing to obtain the views
of citizens on the proposed program of
projects; and (5) ensure that the
proposed program of projects provides
for the coordination of transportation
services assisted under 49 U.S.C. 5336
with transportation services assisted by
another Federal Government source; (6)
consider comments and views received,
especially those of private
transportation providers, in preparing
the final program of projects; and (7)
make the final program of projects
available to the public;
(g) It has or will have available and
will provide the amount of funds
required by 49 U.S.C. 5307(e) and
applicable FTA policy (specifying
Federal and local shares of project
costs) ;
(h) It will comply with: 49 U.S.C.
5301(a) (requirements for transportation
systems that maximize mobility and
minimize fuel consumption and air
pollution); 49 U.S.C. 5301(d)
(requirements for transportation of the
elderly and persons with disabilities);
49 U.S.C. 5303 through 5306 (planning
requirements); and 49 U.S.C. 5310 (a)
through (d) (programs for the elderly
and persons with disabilities) ;
(i) It has a locally developed process
to solicit and consider public comment
before raising fares or implementing a
ma or reduction of transportation; and
(.) As required by required by 49
U.S.C. 5307(d)(1)Q), unless it has
58274 Federal Register/Vol 64, No. 208/Thu Oct ob e r 28, 1
determined that it is not necessary to
expend one (1) percent of the amount of
Federal assistance it receives for this
fiscal year apportioned in accordance
with 49 U.S.C. 5336 for transit security
projects, it will expend at least one (1)
percent of the amount of that assistance
for transit security projects, including
increased lighting in or adjacent to a
transit system (including bus stops,
subway stations, parking lots, and
garages), increased camera surveillance
of an area in or adjacent to that system,
emergency telephone line or lines to
contact law enforcement or security
personnel in an area in or adjacent to
that system, and any other project
intended to increase the security and
safety of an existing or planned transit
system.
(2) As required by 49 U.S.C.
5307(k)(3), if it has received Transit
Enhancement funds authorized by 49
U.S.C. 5307(k)(1), its quarterly report for
the fourth quarter of the preceding
Federal fiscal year includes a list of the
projects implemented in the preceding
Federal fiscal year using Transit
Enhancement funds, and made part of
its certifications and assurances.
B. Certification Required for Capital
Leasing
As required by FTA regulations,
''Capital Leases," at 49 CFR 639.15(b)(1)
and 639.21, to the extent the Applicant
uses Federal assistance authorized for
49 U.S.C. 5307 or section 3037 of TEA -
21, 49 U.S.C. 5309 note, to acquire any
capital asset by lease, the Applicant
certifies that:
(1) It will not use Federal assistance
authorized for 49 U.S.C. 5307 or section
3037 of TEA -21, 49 U.S.C. 5309 note, to
finance the cost of leasing any capital
asset until it performs calculations
demonstrating that leasing the capital
asset would be more cost - effective than
purchasing or constructing a similar
asset;
(2) It will complete these calculations
before entering into the lease or before
receiving a capital grant for the asset,
whichever is later; and
(3) It will not enter into a capital lease
for which FTA can only provide
incremental funding unless it has the
financial capacity to meet its future
obligations under the lease in the event
Federal assistance is not available for
capital projects in subsequent years.
C. Certification Required for Sole Source
Purchase of Associated Capital
Maintenance Item
As required by 49 U.S.C. 5325(c), to
the extent that the Applicant procures
an associated capital maintenance item
under the authority of 49 U.S.C.
5307(b)(1), the Applicant certifies that it
will use competition to procure an
associated capital maintenance item
unless the manufacturer or supplier of
that item is the only source for the item
and the price of the item is no more than
the price similar customers pay for the
item, and maintain sufficient records
pertaining to each such procurement on
file easily retrievable for FTA
inspection.
XIII. Certifications and Assurances for
the Elderly and Persons With
Disabilities Program
An Applicant that intends to
administer, on behalf of the state, the
Elderly and Persons with Disabilities
Program must provide the following
certifications and assurances.
Consequently, FTA may not award
assistance for the Elderly and Persons
with Disabilities Program until the
Applicant provides these certifications
and assurances by selecting category
"XIII" on the TEAM system
certifications and assurances tab page or
on the Signature Page at the end of this
document.
Based on its own knowledge and, as
necessary, on information submitted by
the subrecipient, the Applicant
administering on behalf of the state the
Elderly and Persons with Disabilities
Program authorized by 49 U.S.C. 5310
certifies and assures that the following
requirements and conditions will be
fulfilled:
A. The state organization serving as
the Applicant and each subrecipient has
or will have the necessary legal,
financial, and managerial capability to
apply for, receive, and disburse Federal
assistance authorized for 49 U.S.C.
5310; and to implement and manage the
project.
B. The state assures that each
subrecipient either is recognized under
state law as a private nonprofit
organization with the legal capability to
contract with the state to carry out the
proposed project, or is a public body
that has met the statutory requirements
to receive Federal assistance authorized
for 49 U.S.C. 5310,
C. The subrecipient's application for
49 U.S.C. 5310 assistance contains
information from which the state
concludes that the transit service
provided or offered to be provided by
existing public or private transit
operators is unavailable, insufficient, or
inappropriate to meet the special needs
of the elderly and persons with
disabilities.
D. The state assures that sufficient
non - Federal funds have been or will be
committed to provide the required local
share.
E. The subrecipient has, or will have
by the time of delivery, sufficient funds
to operate and maintain the vehicles
and equipment purchased with Federal
assistance awarded for this project.
F. The state assures that before issuing
the state's formal approval of a project,
its Elderly and Persons with Disabilities
Formula Program is included in the
Statewide Transportation Improvement
Program as required by 23 U.S.C. 135;
all projects in urbanized areas
recommended for approval are included
in the annual element of the
metropolitan Transportation
Improvement Program in which the
subrecipient is located; and any public
body that is a prospective subrecipient
of capital assistance has provided an
opportunity for a public hearing.
G. The subrecipient has, to the
maximum extent feasible, coordinated
with other transportation providers and
users, including social service agencies
authorized to purchase transit service.
H. The subrecipient is in compliance
with all applicable civil rights
requirements, and has provided the
Nondiscrimination Assurance. (Category
I.F, ''Certifications and Assurances
Required of Each Applicant ").
I. The subrecipient will comply with
applicable requirements of U.S. DOT
regulations on participation of
disadvantaged business enterprises in
U.S. DOT programs and has provided
the Disadvantaged Business Enterprise
Assurance (Category I.G, "Certifications
and Assurances Required of Each
Applicant ").
J. The state will comply with all
existing Federal requirements regarding
transportation of elderly persons and
persons with disabilities. Each
subrecipient has provided to the state an
Assurance of Nondiscrimination on the
Basis of Disability, (Category I.H,
"Certifications and Assurances Required
of Each Applicant "). If non - accessible
vehicles are being purchased for use by
a public entity in demand responsive
service for the general public, the state
will obtain from the subrecipient a
"Certification of Equivalent Service,''
which states that when viewed in its
entirety the public entity's demand
responsive service offered to persons
with disabilities, including persons who
use wheelchairs, meets the standard of
equivalent service set forth in 40 CFR
37.77(c).
K. The subrecipient has certified to
the state that it will comply with the
applicable provisions of 49 CFR 605
pertaining to school transportation
operations (Category VIII, "School
Transportation Agreement ").
L. Unless otherwise noted, each of the
subrecipient's projects qualifies for a
Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices 58275
categorical exclusion and does not
require further environmental
approvals, as described in the joint
FHWA /FTA regulations,
"Environmental Impact and Related
Procedures," at 23 CFR 771.117(c). The
state certifies that financial assistance
will not be provided for any project that
does not qualify for a categorical
exclusion described in 23 CFR
771.117(c) until FTA has made the
required environmental finding. The
state further certifies that no financial
assistance will be provided for a project
requiring a conformity finding in
accordance with the Environmental
Protection Agency's Clean Air
Conformity regulations at 40 CFR parts
51 and 93, until FTA makes the required
conformity finding.
M. The subrecipient has submitted (or
will submit) all applicable certifications
and assurances currently required,
including, but not limited to: a
certification that its procurements and
procurement system will comply with
all applicable requirements imposed by
Federal laws, executive orders, or
regulations and the requirements of FTA
Circular 4220. ID, ''Third Party
Contracting Requirements,'' and other
implementing requirements FTA may
issue; a certification that its project
provides for the participation of private
mass transportation companies to the
maximum extent feasible; a certification
it has paid or will pay just
compensation under state or local law to
each private mass transportation
company for its franchise or property
acquired under the project; a
nonprocurement suspension and
debarment certification; a bus testing
certification for new models; a pre -
award and post - delivery review
certification; and a lobbying
certification for each application
exceeding $100,000. Certifications and
assurances applicable to and submitted
by the subrecipient should be
substantially similar to the text of
parallel certifications and assurances
text of Categories I through XI of this
document, but modified as necessary to
accommodate the subrecipient's
circumstances.
N. The state will enter into a written
agreement with each subrecipient
stating the terms and conditions of
assistance by which the project will be
undertaken and completed.
O. The state recognizes FTA's
authority to conduct audits and reviews
to verify compliance with the foregoing
requirements and stipulations.
XIV. Certifications and Assurances for
the Non urbanized Area Formula
Program
An Applicant that intends to
administer, on behalf of the state, the
Nonurbanized Area Formula Program
must provide the following
certifications and assurances.
Consequently, FTA may not award
Nonurbanized Area Formula Program
assistance to the Applicant until the
Applicant provides these certifications
and assurances by selecting category
"XIV" on the TEAM system
certifications and assurances tab page or
on the Signature Page at the end of this
document.
Based on its own knowledge and, as
necessary, on information submitted by
the subrecipient, the Applicant
administering on behalf of the state the
Nonurbanized Area Formula Program
authorized by 49 U.S.C. 5311 certifies
and assures that the following
requirements and conditions will be
fulfilled:
A. The state organization serving as
the Applicant and each subrecipient has
or will have the necessary legal,
financial, and managerial capability to
apply for, receive and disburse Federal
assistance authorized for 49 U.S.C.
5311; and to implement and manage the
project.
B. The state assures that sufficient
non - Federal funds have been or will be
committed to provide the required local
share.
C. The subrecipient has, or will have
by the time of delivery, sufficient funds
to operate and maintain the vehicles
and equipment purchased with Federal
assistance authorized for this project.
D. The state assures that before
issuing the state's formal approval of the
project, its Nonurbanized Area Formula
Program is included in the Statewide
Transportation Improvement Program as
required by 23 U.S.C. 135; to the extent
applicable, projects are included in a
metropolitan Transportation
Improvement Program.
E. The state has provided for a fair
and equitable distribution of Federal
assistance authorized for 49 U.S.C. 5311
within the state, including Indian
reservations within the state.
F. The subrecipient has, to the
maximum extent feasible, coordinated
with other transportation providers and
users, including social service agencies
authorized to purchase transit service.
G. The subrecipient is in compliance
with all applicable civil rights
requirements, and has provided the
Nondiscrimination Assurance. (Category
I.F, "Certifications and Assurances
Required of Each Applicant ").
H. The subrecipient will comply with
applicable requirements of U.S. DOT
regulations on participation of
disadvantaged business enterprise in
U.S. DOT programs and has provided
the Disadvantaged Business Enterprise
Assurance (Category I.G, "Certifications
and Assurances Required of Each
Applicant ") .
I. The state will comply with all
existing Federal requirements regarding
transportation of elderly persons and
persons with disabilities. Each
subrecipient has provided to the state an
Assurance of Nondiscrimination on the
Basis of Disability, (Category I.H,
"Certifications and Assurances Required
of Each Applicant "). If non - accessible
vehicles are being purchased for use by
a public entity in demand responsive
service for the general public, the state
will obtain from the subrecipient a
''Certification of Equivalent Service,''
which states that when viewed in its
entirety the public entity's demand
responsive service offered to persons
with disabilities, including persons who
use wheelchairs, meets the standard of
equivalent service set forth in 40 CFR
37.77(c).
J. The subrecipient has complied with
the transit employee protective
provisions of 49 U.S.C. 5333(b), by one
of the following actions: (1) Signing the
Special Warranty for the Nonurbanized
Area Formula Program, (2) agreeing to
alternative comparable arrangements
approved by the Department of Labor
(DOL), or (3) obtaining a waiver from
DOL; and the state has certified the
subrecipient's compliance to DOL.
K. The subrecipient has certified to
the state that it will comply with 49 CFR
part 604 in the provision of any charter
service provided with equipment or
facilities acquired with FTA assistance,
and will also comply with applicable
provisions of 49 CFR part 605 pertaining
to school transportation operations
(Category VII, ''Charter Service
Agreement," and Category VIII, ''School
Transportation Agreement '').
L. Unless otherwise noted, each of the
subrecipient's projects qualifies for a
categorical exclusion and does not
require further environmental
approvals, as described in the joint
FHWA /FTA regulations,
"Environmental Impact and Related
Procedures," at 23 CFR 771.117(c). The
state certifies that financial assistance
will not be provided for any project that
does not qualify for a categorical
exclusion described in 23 CFR
771.117(c) until FTA has made the
required environmental finding. The
state further certifies that no financial
assistance will be provided for a project
requiring a conformity finding in
58276 Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices
accordance with the Environmental
Protection Agency's Clean Air
Conformity regulations at 40 CFR parts
51 and 93, until FTA makes the required
conformity finding.
M. The subrecipient has submitted (or
will submit) all applicable certifications
and assurances currently required,
including but not limited to: a
certification that its procurements and
procurement system will comply with
all applicable requirements imposed by
Federal laws, executive orders, or
regulations and the requirements of FTA
Circular 4220.1D, "Third Party
Contracting Requirements," and other
implementing requirements FTA may
issue; a certification that its project
provides for the participation of private
mass transportation companies to the
maximum extent feasible; a certification
it has paid or will pay just
compensation under state or local law to
each private mass transportation
company for its franchise or property
acquired under the project; a
nonprocurement suspension and
debarment certification; a bus testing
certification for new bus models; a pre -
award and post - delivery review
certification; and a lobbying
certification for each application
exceeding $100,000. Certifications and
assurances applicable to and submitted
by the subrecipient should be
substantially similar to the text of
parallel certifications and assurances
text of Categories I through XI of this
document, but modified as necessary to
accommodate the subrecipient's
circumstances.
N. The state will enter into a written
agreement with each subrecipient
stating the terms and conditions of
assistance by which the project will be
undertaken and completed.
O. The state recognizes FTA's
authority to conduct audits and reviews
to verify compliance with the foregoing
requirements and stipulations.
P. As required by 49 U.S.C. 5311(f), it
will expend not less than fifteen (15)
percent of the Federal assistance
authorized for 49 U.S.C. 5311(f) it
receives during this fiscal year to carry
out a program to develop and support
intercity bus transportation, unless the
chief executive officer of the state or his
or her duly authorized designee certifies
that the intercity bus service needs of
the state are being adequately met.
XV. Certifications and Assurances for
the State Infrastructure Bank Program
A state Applicant for a grant of
Federal assistance for deposit in the
State Infrastructure Bank (SIB) must
provide the following certifications and
assurances. Consequently, FTA may not
award Federal assistance to capitalize a
SIB until the state Applicant provides
these certifications and assurances by
selecting category "XV'' on the TEAM
system certifications and assurances tab
page or on the Signature Page at the end
of this document.
Based on its own knowledge and, as
necessary, on information submitted by
the participating parties, the state
serving as the Applicant for Federal
assistance for the Transit Account of its
state SIB program authorized by either
section 350 of the National Highway
System Designation Act of 1995, as
amended, 23 U.S.C. 101 note, or the
State Infrastructure Bank Pilot Program,
23 U.S.C. 181 note, certifies and assures
that the following requirements and
conditions will be fulfilled pertaining to
any project financed with Federal
assistance derived from the Transit
Account of the SIB:
A. The state organization serving as
the Applicant (state) agrees and assures
the agreement of the SIB and each
recipient of Federal assistance derived
from the Transit Account of the SIB
within the state (subrecipient) that each
Project financed with Federal assistance
derived from the Transit Account will
be administered in accordance with the:
(1) Applicable provisions of section
350 of the National Highway System
Designation Act of 1995, as amended, 23
U.S.C. 101 note, or of the State
Infrastructure Bank Pilot Program, 23
U.S.C. 181 note, and any further
amendments thereto,
(2) Provisions of FTA's NHS
Guidelines, and any amendments
thereto,
(3) Terms and conditions of
Department of Labor Certification (s) of
Transit Employee Protective
Arrangements that are required by
Federal law or regulations,
(4) Provisions of FHWA and FTA
cooperative agreement with the state to
establish the state's SIB program, and
(5) Provisions of the FTA grant
agreement with the state that obligating
Federal assistance for the SIB, except
that any provision of the Federal Transit
Administration Master Agreement
incorporated by reference into that grant
agreement will not apply if it conflicts
with any provision of National Highway
System Designation Act of 1995, as
amended, 23 U.S.C. 101 note, or section
1511 of TEA -21, as amended, and FTA
SIB Guidelines, the provisions of the
cooperative agreement establishing the
SIB program within the state, or the text
within the FTA grant agreement.
B. The state agrees to comply with
and assures the compliance of the SIB
and each subrecipient of all applicable
requirements for the SIB program, as
those requirements may be amended
from time to time. Pursuant to
subsection 1511(h) (2) of TEA -21,
applicants for assistance authorized by
the State Infrastructure Bank Pilot
Program, 23 U.S.C. 181 note, agree that
previous cooperative agreements
entered into with States under section
350 of the National Highway System
Designation Act of 1995, as amended,
will be revised to comply with new
requirements.
C. The state assures that the SIB will
provide Federal assistance from its
Transit Account only for transit capital
projects eligible under section 1511 of
TEA -21, and that those projects will
fulfill all requirements imposed on
comparable capital transit projects
financed by FTA.
D. The state understands that the total
amount of funds to be awarded for a
grant agreement will not be immediately
available for draw down. Consequently,
the state assures that it will limit the
amount of Federal assistance it draws
down for deposit in the Transit Account
of its SIB to amounts that do not exceed
the limitations specified in the
underlying grant agreement or the
approved project budget for that grant
agreement.
E. The state assures that each
subrecipient has or will have the
necessary legal, financial, and
managerial capability to apply for,
receive, and disburse Federal assistance
authorized by Federal statute for use in
the Transit Account of the SIB,
including the ability to comply with
Year 2000 (Y2K) management of funds
and investments, and to implement,
manage, operate, and maintain the
project and project property for which
such assistance will support.
F. The state assures that the SIB will
provide Federal assistance derived from
the Transit Account only to a
subrecipient that is either a public or
private entity recognized under state
law as having the legal capability to
contract with the state to carry out its
proposed project.
G. The state assures that sufficient
non - Federal funds have been or will be
committed to provide the required local
share.
H. The state assures that the SIB will
enter into a written agreement with each
subrecipient stating the terms and
conditions of assistance by which the
project will be undertaken and
completed, including specific
provisions that any security or debt
financing instrument the SIB may issue
will contain an express statement that
the security or instrument does not
constitute a commitment, guarantee, or
obligation of the United States.
Federal Register/Vol. 64, No. 208/Thursday, October 28, 1999/Notices 58277
I. The state assures that before the SIB
enters into an agreement with a
subrecipient under which Federal
assistance within the Transit Account of
the SIB will be disbursed to the
subrecipient, the subrecipient's project
is included in the Statewide
Transportation Improvement Program;
all projects in urbanized areas
recommended for approval are included
in the annual element of the
metropolitan Transportation
Improvement Program in which the
subrecipient is located; and it has
obtained from each subrecipient of
capital assistance that is also a public
body a certification that an opportunity
for a public hearing has been provided.
J. The state assures that the SIB has,
to the maximum extent feasible,
coordinated with other transportation
providers and users, and other
interested parties within the area.
K. The state assures that the SIB is in
compliance with all applicable civil
rights requirements (Category I.F,
''Certifications and Assurances Required
of Each Applicant "),
L. The state assures that the SIB will
comply with applicable requirements of
U.S. DOT regulations on participation of
disadvantaged business enterprises in
U.S. DOT programs and has provided
the Disadvantaged Business Enterprise
Assurance (Category I.G, ''Certifications
and Assurances Required of Each
Applicant '') .
M. To the extent applicable, the state
will comply with all existing Federal
requirements regarding transportation of
elderly persons and persons with
disabilities. The state assures that the
SIB will provide to the state an
Assurance of Nondiscrimination on the
Basis of Disability from each
subrecipient (Category I.H,
''Certifications and Assurances Required
of Each Applicant "). If non- accessible
vehicles are being purchased for use by
a public entity in demand responsive
service for the general public, the state
will obtain from the subrecipient a
"Certification of Equivalent Service,''
which states that the public entity's
demand responsive service offered to
persons with disabilities, including
persons who use wheelchairs, is
equivalent to the level and quality of
service the public entity offers to
persons without disabilities (Category
IX, "Certifications Required for the
Direct Award of FTA Assistance to an
Applicant for its Demand Responsive
Service, ''). This "Certification of
Equivalent Service" must also state that
the public entity's demand responsive
service, when viewed in its entirety, is
provided in the most integrated setting
feasible and has equivalent: (1)
Response time, (2) fares, (3) geographic
service area, (4) hours and days of
service, (5) restrictions or restraints on
trip purpose, (6) availability of
information and reservation capability,
and (7) constraints on capacity or
service availability.
N. The state assures that before the
SIB provides Federal assistance from the
Transit Account, each subrecipient will
have complied with the applicable
transit employee protective provisions
of 49 U.S.C. 5333(b) as required for that
subrecipient and its project.
O. The state assures that each
subrecipient has certified or will certify
to the state that it will comply with
applicable provisions of 49 CFR part
604 in the provision of any charter
service provided with equipment or
facilities acquired with FTA assistance,
and will also comply with applicable
provisions of 49 CFR part 605 pertaining
to school transportation operations
(Category VII, ''Charter Service
Agreement," and Category VIII, ''School
Transportation Agreement '').
P. Unless otherwise noted, the state
assures that each of the subrecipient's
projects qualifies for a categorical
exclusion and does not require further
environmental approvals, as described
in paragraph Q of this Category XV.
Unless otherwise noted, the state
assures that each of the subrecipient's
projects qualifies for a categorical
exclusion and does not require further
environmental approvals, as described
in the joint FHWA /FTA regulations,
"Environmental Impact and Related
Procedures,'' at 23 CFR 771.117(c). The
state certifies that the SIB will not
provide financial assistance from the
Transit Account for any project that
does not qualify for a categorical
exclusion described in 23 CFR
771.117(c) until FTA has made the
required environmental finding. The
state further certifies that the SIB will
provide no financial assistance from its
Transit Account for a project requiring
a conformity finding in accordance with
the Environmental Protection Agency's
Clean Air Conformity regulations at 40
CFR parts 51 and 93, until FTA makes
the required conformity finding.
Q. The state assures that the
subrecipient has submitted (or will
submit), when applicable, all
certifications and assurances currently
required, including, but not limited to:
a certification that its procurements and
procurement system will comply with
all applicable requirements imposed by
Federal laws, executive orders, or
regulations and the requirements of FTA
Circular 4220.1D, ''Third Party
Contracting Requirements," and other
implementing requirements FTA may
issue; a certification that its project
provides for the participation of private
mass transportation companies to the
maximum extent feasible; a certification
it has paid or will pay just
compensation under state or local law to
each private mass transportation
company for its franchise or property
acquired under the project; a
nonprocurement suspension and
debarment certification; a bus testing
certification for new models; a pre -
award and post - delivery review
certification; and a lobbying
certification for each application
exceeding $100,000; assurances FTA
requires for projects involving real
property; and if required by FTA, an
anti -drug program certification and an
alcohol testing certification.
Certifications and assurances applicable
to and submitted by the subrecipient
should be substantially similar to the
text of parallel certifications and
assurances of Categories I through XI of
this document, but modified as
necessary to accommodate the SIB and
the subrecipient's circumstances.
R' The state agrees and assures that
the SIB and each subrecipient will agree
to permit FTA, U.S. DOT, and the
Comptroller General to conduct audits
to verify compliance with the foregoing
requirements and stipulations.
Selection and Signature Pages Follow
BILLING CODE 4910 -57 -P
58278 Federal Register / Vol. 64, No. 208/Thursday, October 28, 1999/Notices
Appendix A
FEDERAL FY 2000 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE
Name of Applicant: City of Pueblo
The Applicant agrees to comply with applicable requirements of Categories I - XV. XX
(The Applicant may make this selection in lieu of individual selections below.)
OR
The Applicant agrees to comply with the applicable requirements of the following
categories it has selected:
I. Certifications and Assurances Required of Each Applicant.
II. Lobbying Certification
III. Certification Pertaining to Effects on Private Mass Transportation Companies
IV. Public Hearing Certification for a Project with Substantial Impacts
V. Certification for the Purchase of Rolling Stock
VI. Bus Testing Certification.
VII. Charter Service Agreement.
VIII. School Transportation Agreement.
IX. Certification for Demand Responsive Service
X. Substance Abuse Certifications
XI. Certification Required for Interest and Other Financing Costs
XII. Certifications and Assurances for the Urbanized Area Formula Program, and
the Job Access and Reverse Commute Program
XIII. Certifications and Assurances for the Elderly and Persons with Disabilities Program
XIV. Certifications and Assurances for the Nonurbanized Area Formula Program
XV. Certifications and Assurances for the State Infrastructure Bank (SIB) Program
(Both sides of this Signature Page must be appropriately completed and signed where indicated.)
Federal Register / Vol. 64, No. 208 / Thursday, October 28, 1999 / Notices 58279
Appendix A
FEDERAL FISCAL YEAR 2000 FTA CERTIFICATIONS AND ASSURANCES
(Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project)
Name of Applicant: City of Pueblo, Colorado
Name and Relationship of Authorized Representative: Corinne Koehler, Presi o f the Council
BY SIGNING BELOW I, Corinne Koehler (name), on behalf of the Applicant, declare that the Applicant
has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the
Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance
required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2000.
FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as
representative of the certifications and assurances in Appendix A, should apply, as required, to each project for
which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2000.
The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the
statements submitted herein with this document and any other submission made to FTA, and acknowledges that the
provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT
regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission
made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission
made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other
certification, assurance, or submission made in connection with any other program administered by FTA.
In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and
any other stateme is ade by me on ehalf of the Applicant are true and correct.
Signature 1� 'ice �� 4 ' Date: 12-27-99
Name Cdrinne Koehler
Authorized Representative of Applicant
AFFIRMATION OF APPLICANT'S ATTORNEY
for City of Pueblo, Colorado (Name of Applicant)
As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has
authority under state and local law to make and comply with the certifications and assurances as indicated on the
foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and
constitute legal and binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or
imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the
project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I
will notify the Applicant promptly, which may so inform FTA.
Signature
Name Thomas E. Ja
Applicant's Attorney
Date:l �2
Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capital or formula
project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN number in lieu of the
electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attomey in writing dated this Federal fiscal year.
(FR Doc. 99 -27925 Filed 10- 27 -99: 8:45 aml
BILLING CODE 4910 -57-C