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HomeMy WebLinkAbout12896 Background Paper for Proposed RESOLUTION DATE: February 10, 2014 AGENDA ITEM # M-7 DEPARTMENT: PUEBLO TRANSIT BRENDA BROYLES DIRECTOR OF TRANSIT TITLE A RESOLUTION AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO MAKE, EXECUTE, AND DELIVER, IN THE NAME OF THE CITY OF PUEBLO, FEDERAL FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS AND TO BIND THE CITY OF PUEBLO’S COMPLIANCE THEREWITH ISSUE Should City Council authorize the President of City Council to make, execute, and deliver in the name of the City of Pueblo, Federal Fiscal Year 2014 Certifications and Assurances for Federal Transit Administration (FTA) Assistance Programs and to bind the City of Pueblo’s compliance therewith? RECOMMENDATION Approval of Resolution. BACKGROUND FTA’s comprehensive compilation of the Federal Fiscal Year 2014 Certifications and Assurances must be approved and binding on the City for all Federal assistance programs FTA administers during Federal Fiscal year 2014, as required by 49 U.S.C. 5323(n). FINANCIAL IMPACT Failure to approve this Resolution will result in FTA’s withholding of an estimated allocation of $1,932,667 for Transit Operating funds for calendar year 2014. RESOLUTION NO. 12896 A RESOLUTION AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO MAKE, EXECUTE, AND DELIVER, IN THE NAME OF THE CITY OF PUEBLO, FEDERAL FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS 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 City Council is authorized to make, execute, and deliver in the name of the City of Pueblo, Federal Fiscal Year 2014 Certifications and Assurances for Federal Transit Administration (FTA) Assistance Programs, which are attached hereto, and to bind the City of Pueblo’s compliance therewith. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the transactions described therein. SECTION 3. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: February 10, 2014 BY: Ed Brown Councilperson FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES PREFACE Except as the Federal Transit Administration (FTA or We) determines otherwise in writing, before FTA may award Federal transit assistance (funding or funds) to support a public transportation Project, an Authorized Representative (You) of the Project sponsor (Applicant) must select certain Certifications and Assurances required by Federal law or regulation. The Authorized Representative must be duly authorized by the Applicant to, among other things, sign these Certifications and Assurances and bind the Applicant’s compliance. You, as the Authorized Representative, must select all Certifications and Assurances required of your Applicant (or it) to support its applications for FTA funding during Federal fiscal year (FY) 2014. We request that you read each Certification and Assurance and select those that will apply to all Projects for which your Applicant might seek FTA funding. As required by Federal law and regulation, only if you select adequate Certifications and Assurances on your Applicant’s behalf, may FTA award Federal funding for itsProject. We have consolidated our Certifications and Assurances into twenty-four (24) Groups. At a minimum, you must select the Assurances in Group 01 on your Applicant’s behalf. If your Applicant requests more than $100,000, you must also select the “Lobbying” Certification in Group 02, unless itis an Indian tribe or organization or a tribal organization. Depending on the nature ofyour Applicant and its Project, you may also need to select some Certifications and Assurances in Groups 03 through 24. However, instead of selecting individual Groups of Certifications and Assurances, you may make a single selection that will encompass all twenty-four (24) Groups of Certifications and Assurances that apply to all our programs. FTA, your Applicant, and you understand and agree that not every provision of these twenty-four (24) Groups of Certifications and Assurances will apply to every Applicant or every Project FTA funds even if you make a single selection encompassing all twenty- four (24) Groups. Nor will every provision of all Certifications and Assurances within a single Group apply if that provision does not apply to your Applicant or its Project. The type of Project and Applicant will determine which Certifications and Assurances apply. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participant(s) to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. If your Applicant is a team, a consortium, a joint venture, or a partnership, it understands and agrees that you must identify the activities each member will perform and the extent to which each member will be responsible for compliance with the FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Certifications and Assurances you select on itsbehalf, except as FTA determines otherwise in writing. It is important that your Applicant and You also understand that these Certifications and Assurances are pre-award requirements, generally imposed by Federal law or regulation, and do not include all Federal requirements that may apply to it or its Project. Our FTA Master Agreement MA(20) for Federal FY 2014, available at http://www.fta.dot.gov, contains a list of most of those requirements. We expect You to submit your Applicant’s FY 2014 Certifications and Assurances and its applications for funding in TEAM-Web. You must be registered in TEAM-Web to submit the FTA FY 2014 Certifications and Assurances on itsbehalf. The TEAM-Web “Recipients” option at the “Cert’s & Assurances” tab of the “View/Modify Recipients” page contains fields for selecting among the twenty-four (24) Groups of Certifications and Assurances and a designated field for selecting all twenty-four (24) Groups of Certifications and Assurances. If FTA agrees that you cannot submit your Applicant’s FY 2014 Certifications and Assurances electronically, you must submit the Signature Page(s) in Appendix A of this Notice, as FTA directs, marked to show the Groups of Certifications and Assurances itis submitting. Be aware that these Certifications and Assurances have been prepared in light of: FTA’s latest authorization legislation, Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, June 6, 2012, The Continuing Appropriations Act, 2014, Pub. L. 113-46, October 17, 2013, The Consolidated and Further Continuing Appropriations Act, 2013, Pub. L. 113-6, March 26, 2013, The Continuing Appropriations Resolution, 2013 (CR), Pub. L. 112-175, September 28, 2012, and FTA’s authorizing legislation in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. With certain exceptions, Projects financed in FY 2014 with funds appropriated or made available for FY 2012 or a previous fiscal year must be in compliance with the requirements for that type of Project in effect during the fiscal year for which the funding was derived, except as superseded by MAP-21 cross-cutting requirements that apply. GROUP 01. REQUIRED CERTIFICATIONS AND ASSURANCES FOR EACH APPLICANT. Before FTA may provide funding for your Applicant’s Project, in addition to any other Certifications and Assurances that you must select on behalf of your Applicant, you must also select the Certifications and Assurances in Group 01, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 01 that does not apply will not be enforced. 1.A.Assurance of Authority of the Applicant and Its Authorized Representative. You certify that both you, as your Applicant’s Authorized Representative, and your Applicant’s attorney, who is authorized to represent the Applicant in legal matters, who sign these Certifications, Assurances, and Agreements, may undertake the following activities on its behalf,in compliance with applicable State, local, or Indian tribal laws and regulations, and its by-laws or internal rules: 1. Execute and file its application for Federal funds, 2. Execute and file its Certifications, Assurances, and Agreements binding its compliance, 3. Execute Grant Agreements or Cooperative Agreements, or both, with FTA, 4. Comply with applicable Federal laws and regulations, and 5. Follow applicable Federal guidance. 1.B.Standard Assurances. On behalf of your Applicant, you assure that itunderstands and agrees to the following: 1. Itwill comply with all applicable Federal statutes and regulations to carry out any FTA funded Project, 2. It is under a continuing obligation to comply with the terms and conditions of the FTA Grant Agreement or Cooperative Agreement for itsProject, including the FTA Master Agreement incorporated by reference and made part of the latest amendment to that Grant Agreement or Cooperative Agreement, 3. Itrecognizes that Federal laws and regulations may be amended from time to time and those amendments may affect Project implementation, 4. Itunderstands that Presidential executive orders and Federal guidance, including Federal policies and program guidance, may be issued concerning matters affecting it or its Project, 5. Itagrees that the most recent Federal laws, regulations, and guidance will apply to its Project, except as FTA determines otherwise in writing, 6. In light of recent FTA legislation applicable to FTA,except as FTA determines otherwise in writing, it agrees that requirements for FTA programs may vary depending on the fiscal year for which the funding for those programs was appropriated: a.In some instances, FTA has determined that Federal statutory or regulatory FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES program and eligibility requirements for FY 2012 or a specific previous fiscal year,except as superseded by applicable MAP-21 cross-cutting requirements, apply to: (1) New grants and cooperative agreements, and (2) New amendments to grants and cooperative agreements that: (a) Have been awarded Federal funds appropriated or made available for FY 2012 or the previous fiscal year, or (b) May be awarded Federal funds appropriated or made available for FY 2012 or the previous fiscal year, but b.In other instances, FTA has determined that MAP-21 will apply to the Federal funds appropriated or made available for FY 2012 or a previous fiscal year, and c. For all FTA funded Projects, the following MAP-21 cross-cutting requirements supersede conflicting provisions of previous Federal law and regulations: (1) Metropolitan and Statewide and Nonmetropolitan Transportation Planning, (2) Environmental Review Process, (3) Public Transportation Agency Safety Plans, (4) Transit Asset Management Provisions (and Asset Inventory and Condition Reporting), (5) Costs Incurred by Providers of Public Transportation by Vanpool, (6) Revenue Bonds as Local Match, (7) Debt Service Reserve, (8) Government’s Share of Cost of Vehicles, Vehicle-Equipment, and Facilities for ADA and Clean Air Act Compliance, (9) Private Sector Participation, (10) Bus Testing, (11) Buy America, (12) Corridor Preservation, (13) Rail Car Procurements, (14) Veterans Preference/Employment, (15) Alcohol and Controlled Substance Testing, and 1 (16) Other provisions as FTA may determine. 1.C.Intergovernmental Review Assurance. (Theassurance in Group 01.C does not apply to an Indian tribe, an Indian organization or a tribal organization that applies for funding made available for FTA’s Tribal Transit Programs authorized by 49 U.S.C. 5311(c)(1). As required by U.S. Department of Transportation (U.S. DOT) regulations, “Intergovernmental Review of Department of Transportation Programs and Activities,” 49CFR part 17, on behalf of your Applicant, you assure that your Applicant has 1 More information about these matters appears in the Federal Transit Administration, “Notice of FTA Transit Program Changes, Authorized Funding Levels and Implementation of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and FTA FY 2013 Apportionments, Allocations, Program Information and Interim Guidance,” 77 Fed. Reg. 663670, Oct. 16, 2012. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES submitted or will submit each application for Federal funding to the appropriate State and local agencies for intergovernmental review,to facilitate compliance with those regulations. 1.D.Nondiscrimination Assurance. On behalf of your Applicant, you assure that: 1. Itwill comply with the following laws and regulations so that no person in the United States will be denied the benefits of, or otherwise be subjected to, discrimination in any U.S. DOT or FTA funded program or activity (particularly in the level and quality of transportation services and transportation-related benefits) on the basis of race, color, national origin, religion, sex, disability, or age: a. Federal transit laws, specifically 49 U.S.C. 5332(prohibiting discrimination on the basis of race, color, religion, national origin, sex, disability, age, employment, or business opportunity), b. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, c. The Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., d. The Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., e. U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21, f. U.S. DOT regulations, specifically 49 CFR parts 27, 37, 38, and 39, and g. Any other applicable Federal statutes that may be signed into law or Federal regulations that may be promulgated, 2. Itwill comply with Federal guidance implementing Federal nondiscrimination laws and regulations, except to the extent FTA determines otherwise in writing, 3. As required by 49 CFR 21.7: a. Itwill comply with 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 in the manner: (1) It conducts each Project, (2) It undertakes property acquisitions, and (3) It operates itsProject facilities, including: (a) Its entire facilities, and (b) Its facilities operated in connection with its Project, b. This assurance applies to itsentire Project and to all parts of its facilities, including the facilities it operates to implement its Project, c.Itwill promptly take the necessary actions to carry out this assurance, including: (1) Notifying the public that discrimination complaints about transportation- related services or benefits may be filed with U.S. DOT or FTA, and (2) Submitting information about its compliance with these provisions to U.S.DOT or FTA upon their request, d. Ifittransfers FTA funded real property, structures, or improvements to another party, any deeds and instruments recording that transfer will contain a covenant running with the land assuring nondiscrimination: FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (1) While the property is used for the purpose that the Federal funding is extended, and (2) While the property is used for another purpose involving the provision of similar services or benefits, e. The United States has a right to seek judicial enforcement of any matter arising under: (1) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) U.S. DOT regulations, 49 CFR part 21, and (3) This assurance, f. Itwill make any changes in its Title VI implementing procedures, as U.S. DOT or FTA may request,to comply with: (1) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) U.S. DOT regulations, 49 CFR part 21, and (3) Federal transit laws, 49 U.S.C. 5332, g. Itwill comply with Federal guidance issued to implement Federal nondiscrimination requirements, except as FTA determines otherwise in writing, h. Itwill extend the requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 to each Third Party Participant, including any: (1) Subrecipient, (2) Transferee, (3) Third Party Contractor or Subcontractor at any tier, (4) Successor in Interest, (5) Lessee, or (6) Other participant in its Project, except FTA and the Applicant (that later becomes the Recipient), i. Itwill include adequate provisions to extend the requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 to each third party agreement, including each: (1) Subagreement at any tier, (2) Property transfer agreement, (3) Third party contract or subcontract at any tier, (4) Lease, or (5) Participation agreement, and j. The assurances you have made on itsbehalf remain in effect as long as FTA determines appropriate, including, for example, as long as: (1) Federal funding is extended to itsProject, (2) Its Project property is used for a purpose for which the Federal funding is extended, (3) Its Project property is used for a purpose involving the provision of similar services or benefits, (4) Itretains ownership or possession of its Project property, or (5) FTA may otherwise determine in writing, and 4. As required by U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27, specifically 49 CFR 27.9, and consistent with 49 U.S.C. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 5307(c)(1)(D)(ii), you assure that: a. Itwill comply with the following prohibitions against discrimination on the basis of disability listed in Group1.D.4.b below, of which compliance is a condition of approval or extension of any FTA funding awarded to: (1) Construct any facility, (2) Obtain any rolling stock or other equipment, (3) Undertake studies, (4) Conduct research, or (5) Participate in or obtain any benefit from any FTA administered program, and b.In any program or activity receiving or benefiting from Federal funding that U.S. DOT administers, no qualified people with a disability will, because of their disability, be: (1) Excluded from participation, (2) Denied benefits, or (3) Otherwise subjected to discrimination. 1.E. Suspension and Debarment Certification. Onbehalf of your Applicant, you certify that: 1. Itwill comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2CFR part 180, 2. To the best of its knowledge and belief, that itsPrincipals and Subrecipients at the first tier: a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently: (1) Debarred, (2) Suspended, (3) Proposed for debarment, (4) Declared ineligible, (5) Voluntarily excluded, or (6) Disqualified, b. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for: (1) 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, (2) Violation of any Federal or State antitrust statute, or (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property, c.Itis not presently indicted for, or otherwise criminally or civilly charged by a FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 1.E.2.b of this Certification, d. Ithas not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification, e. If, at a later time, itreceives any information that contradicts the statements of subsections 2.a – 2.d above, itwill promptly provide that information to FTA, f. Itwill treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it: (1) Equals or exceeds $25,000, (2) Is for audit services, or (3) Requires the consent of a Federal official, and g. Itwill require that each covered lower tier contractor and subcontractor: (1) Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and (2) Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be: (a) Debarred from participation in itsfederally funded Project, (b) Suspended from participation in itsfederally funded Project, (c) Proposed for debarment from participation in its federally funded Project, (d) Declared ineligible to participate in itsfederally funded Project, (e) Voluntarily excluded from participation in its federally funded Project, or (f) Disqualified from participation in itsfederally funded Project, and 3. Itwill provide a written explanation as indicated on a page attached in FTA’s TEAM- Web or the Signature Pageif it or any of its principals, including any of its first tier Subrecipients or itsThird Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group 01.E. 1.F. U.S. OMB Assurances in SF-424B and SF-424D. The assurances in Group 01.F are consistent with the U.S. OMB assurances required in the U.S. OMB SF-424B and SF-424D, updated as necessary to reflect changes in Federal laws and regulations. 1. Administrative Activities. On behalf of your Applicant, you assure that: a. For every Project described in any application itsubmits, ithas adequate resources to properly plan, manage, and complete its Project, including the: (1) Legal authority to apply for Federal funding, (2) Institutional capability, (3) Managerial capability, and (4) Financial capability (including funds sufficient to pay the non-Federal share of Project cost), b.Itwill give limited access and the right to examine Project-related materials to FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES entities or individuals, as required, including, but not limited to the: (1) FTA, (2) The Comptroller General of the United States, and (3) State, through an authorized representative, if appropriate, c. Itwill establish a proper accounting system in accordance with generally accepted accounting standards or FTA guidance, and d. Itwill establish safeguards to prohibit employees from using their positions for a purpose that results in: (1) Apersonal or organizational conflict of interest, or personal gain, or (2) The appearance of a personal or organizational conflict of interest or personal gain, 2. Project Specifics.On behalf of your Applicant, you assure that: a. Following receipt of anFTA award, itwill begin and complete Project work within the time periods that apply, b. For FTA funded construction Projects: (1) Itwill comply with FTA provisions concerning the drafting, review, and approval of construction plans and specifications, (2) Itwill provide and maintain competent and adequate engineering supervision at the construction site to assure that the completed work conforms with the approved plans and specifications, (3) Itwill include a covenant to assure nondiscrimination during the useful life of its Project in its title to federally funded real property, (4) To the extent FTA requires, it will record the Federal interest in the title to FTA funded real property or interests in real property, and (5) It will not alter the site of the FTA funded construction Project or facilities without permission or instructions from FTA by: (a) Disposing of the underlying real property or other interest in the site and facilities, (b) Modifying the use of the underlying real property or other interest in the site and facilities, or (c) Changing the terms of the underlying real property title or other interest in the site and facilities, and c. Itwill furnish progress reports and other information as FTA or the State may require, and 3. Statutory and Regulatory requirements.Onbehalf of your Applicant, you assure that: a. Itwill comply with all Federal statutes relating to nondiscrimination that apply, including, but not limited to: (1) The prohibitions against discrimination on the basis of race, color, or national origin, as provided in Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) The prohibitions against discrimination on the basis of sex, as provided in: (a) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 – 1683, and 1685 – 1687, and (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR part 25, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) The prohibitions against discrimination on the basis of age in federally funded programs, as provided in the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 – 6107, (4) The prohibitions against discrimination on the basis of disability in federally funded programs, as provided in section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, (5) The prohibitions against discrimination on the basis of disability, as provided in the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., (6) The prohibitions against discrimination in the sale, rental, or financing of housing, as provided in Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., (7) The prohibitions against discrimination on the basis of drug abuse, as provided in the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., (8) The prohibitions against discrimination on the basis of alcohol abuse, as provided in the Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.C. 4541 et seq., (9) The confidentiality requirements for records of alcohol and drug abuse patients, as provided in the Public Health Service Act, as amended, 42 U.S.C. 290dd – 290dd-2, and (10) The nondiscrimination provisions of any other statute(s) that may apply to its Project, b. As provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Relocation Act), 42 U.S.C. 4601 et seq., and 49 U.S.C. 5323(b), regardless of whether Federal funding has been provided for any of the real property acquired for Project purposes: (1) Itwill provide for fair and equitable treatment of displaced persons or persons whose property is acquired as a result of federally funded programs, and (2) Ithas the necessary legal authority under State and local laws and regulations to comply with: (a) The Uniform Relocation Act. 42 U.S.C. 4601 et seq., as specified by 42 U.S.C. 4630 and 4655, and (b) U.S. DOT regulations, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs,” 49 CFR part 24, specifically 49 CFR 24.4, and (3) Ithas complied with or will comply with the Uniform Relocation Act and implementing U.S. DOT regulations because: (a) Itwill adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24, (b) As required by 42 U.S.C. 4622, 4623, and 4624, and 49 CFR part 24, if an FTA funded Project results in displacement, it will provide fair and reasonable relocation payments and assistance to: 1Displaced families or individuals, and FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 2Displaced Partnerships, corporations, or associations, (c) As provided by 42 U.S.C. 4625 and 49 CFR part 24, itwill provide relocation assistance programs offering the services described in the U.S.DOT regulations to such displaced: 1Families and individuals, and 2Partnerships, corporations, or associations, (d) As required by 42 U.S.C. 4625(c)(3), within a reasonable time before displacement,it will make available comparable replacement dwellings to families and individuals, (e) Itwill: 1Carry out the relocation process to provide displaced persons with uniform and consistent services, and 2 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, (f) Itwill be guided by the real property acquisition policies of 42 U.S.C. 4651 and 4652, (g) Itwill pay or reimburse property owners for their necessary expenses as specified in 42 U.S.C. 4653 and 4654, understanding that FTA will provide Federal funding for its eligible costs for providing payments for those expenses, as required by 42 U.S.C. 4631, (h) Itwill execute the necessary implementing amendments to FTA funded third party contracts and subagreements, (i) Itwill execute, furnish, and be bound by such additional documents as FTA may determine necessary to effectuate or implement these assurances, (j) Itwill incorporate these assurances by reference into and make them a part of any third party contract or subagreement, or any amendments thereto, relating to any FTA funded Project involving relocation or land acquisition, and (k) Itwill provide in any affected document that these relocation and land acquisition provisions must supersede any conflicting provisions, c. It will comply with the Lead-Based Paint Poisoning Prevention Act, specifically 42 U.S.C. 4831(b), which prohibits the use of lead-based paint in the construction or rehabilitation of residence structures, d. Itwill, to the extent applicable, comply with the protections for human subjects involved in research, development, and related activities supported by Federal funding of: (1) The National Research Act, as amended, 42 U.S.C. 289 et seq., and (2) U.S. DOT regulations, “Protection of Human Subjects,” 49 CFR part 11, e. Itwill, to the extent applicable, comply with the labor standards and protections for federally funded Projects of: (1) The Davis-Bacon Act, as amended, 40 U.S.C. 3141 – 3144, 3146, and 3147, (2) Sections 1 and 2 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. 874, and 40 U.S.C. 3145, respectively, and FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) The Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701et seq., f. Itwill comply with any applicable environmental standards that may be prescribed to implement Federal laws and executive orders, including, but not limited to: (l) Following the institution of environmental quality control measures under the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 – 4335 and Executive Order No. 11514, as amended, 42 U.S.C. 4321 note, (2) Following the notification of violating facilities provisions of Executive Order No. 11738, 42 U.S.C. 7606 note, (3) Following the protection of wetlands provisions of Executive Order No. 11990, 42 U.S.C. 4321 note, (4) Following the evaluation of flood hazards in floodplains provisions of Executive Order No. 11988, 42 U.S.C. 4321 note, (5) Complying with the assurance of Project consistency with the approved State management program developed pursuant to the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 – 1465, (6) Complying with the Conformity of Federal Actions to State (Clean Air) Implementation Plans requirements under section 176(c) of the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 – 7671q, (7) Complying with the protections for underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f – 300j-6, (8) Complying with the protections for endangered species under the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 – 1544, (9) Complying with the environmental protections for Federal transportation programs, including, but not limited to, protections for parks, recreation areas, or wildlife or waterfowl refuges of national, State, or local significance or any land from a historic site of national, State, or local significance to be used in a transportation Project, as required by 49 U.S.C. 303, (10) Complying with the protections for national wild and scenic rivers systems, as required under the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. 1271 – 1287, and (11) Complying with and facilitating compliance with: (a) Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470f, (b) The Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. 469 – 469c, and (c) Executive Order No. 11593 (identification and protection of historic properties), 16 U.S.C. 470 note, g. To the extent applicable, comply with the following Federal requirements for the care, handling, and treatment of warmblooded animals held or used for research, teaching, or other activities supported by Federal funding: (1) The Animal Welfare Act, as amended, 7 U.S.C. 2131 et seq., and (2) U.S. Department of Agriculture regulations, “Animal Welfare,” 9 CFR FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES subchapter A, parts 1, 2, 3, and 4, h. To the extent applicable, obtain a certificate of compliance with the seismic design and construction requirements of U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically 49 CFR 41.117(d), before accepting delivery of any FTA funded building, i. Comply with, and assure that itsSubrecipients located in special flood hazard areas comply with,section 102(a) of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a), by: (1) Participating in the Federal flood insurance program, and (2) Purchasing flood insurance if the total cost of insurable construction and acquisition is $10,000 or more, j. Comply with: (1) The Hatch Act, 5 U.S.C. 1501 – 1508, 7324 – 7326, which limits the political activities of State and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds, including a Federal loan, grant agreement, or cooperative agreement, and (2) 49 U.S.C. 5323(l)(2) and 23 U.S.C. 142(g), which provide an exception from Hatch Act restrictions for a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA funding appropriated or made available for 49 U.S.C. chapter 53 and 23 U.S.C. 142(a)(2) to whom the Hatch Act does not otherwise apply, k. Perform the financial and compliance audits as required by the: (1) Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq., (2) U.S. OMB Circular A-133, “Audits of States, Local Governments, and Non- Profit Organizations,” Revised, and (3) Most recent applicable U.S. OMB A-133 Compliance Supplement provisions for the U.S. DOT, l. Comply with all other Federal laws or regulations that apply, and m.Follow Federal guidance governing itand its Project, except to the extent that FTA has expressly approved otherwise in writing. GROUP 02. LOBBYING. Before FTA may provide funding for a Federal grant or cooperative agreement exceeding $100,000 or a Federal loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Lobbying Certifications in Group 02, unless your Applicant is an Indian Tribe exempt from the requirements of 31 U.S.C. 1352 or FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 02 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. As required by 31 U.S.C. 1352 and U.S. DOT regulations, “New Restrictions on Lobbying,” specifically 49 CFR 20.110: a. The lobbying restrictions of this Certification applyto its requests: (1) For $100,000 or more in Federal funding for a grant or cooperative agreement, and (2) For $150,000 or more in Federal funding for a loan, line of credit, or loan guarantee, and b. Your Certification on its behalf applies to the lobbying activities of: (1) It, (2) Its Principals, and (3) Its Subrecipients at the first tier, 2. To the best of your knowledge and belief: a. No Federal appropriated funds have been or will be paid by or on its behalf to any person to influence or attempt to influence: (1) An officer or employee of any Federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and (2) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, b. Itwill submit a complete OMB Standard Form LLL (Rev. 7-97), “Disclosure of Lobbying Activities,” consistent with its instructions, if any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence: (1) An officer or employee of any Federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and (2) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and c. Itwill include the language of this Certification in the award documents for all subawards at all tiers,including, but not limited to: (1) Third party contracts, (2) Subcontracts, (3) Subagreements, and FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (4) Other third party agreements under a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, 3. Itunderstands that: a. This Certification is a material representation of fact that the Federal government relies on, and b. Itmust submit this Certification before the Federal government may award funding for a transaction covered by 31 U.S.C. 1352, including a: (1) Federal grant or cooperative agreement, or (2) Federal loan, line of credit, loan guarantee, or loan insurance, and 4. Italso understands that any person who does not file a required Certification will incur a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. GROUP 03.PROCUREMENT AND PROCUREMENT SYSTEMS. We request that you select the Procurement and Procurement Systems Certification in Group 03 on behalf of your Applicant, especially if it is a State, local, or Indian tribal government with a certified procurement system, as provided in 49 CFR 18.36(g)(3)(ii). Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certification in Group 03 that does not apply will not be enforced. On behalf of your Applicant, you certify that its procurements and itsprocurement system will comply with all Federal laws and regulations in accordance with applicable Federal guidance, except to the extent FTA has approved otherwise in writing. GROUP 04.PRIVATE SECTOR PROTECTIONS. Before FTA may provide funding for a Project that involves the acquisition of public transportation property or operation of public transportation facilities or equipment, in addition to other Certifications you must select on your Applicant’s behalf, you must also select the Private Property Protections Assurancesin Group 04.A and enter into the Agreements in Group 04.B and Group 04.C on behalf of your Applicant, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Assurances and Agreements in Group 04 that does not apply will not be enforced. 4.A.Private Property Protections. If your Applicant is a State, local government, or Indian tribal government and seeks FTA funding to acquire the property of a private transit operator or operate public transportation in competition with or in addition to a public transportation operator, the Private Property Protections Assurances in Group 04.A apply to your Applicant, except as FTA determines otherwise in writing. To facilitate FTA’s ability to make the findings required by 49 U.S.C. 5323(a)(1), on behalf of your Applicant, you assure that: 1. Ithas or will have: a. Determined that the funding is essential to carrying out a Program of Projects as required by 49 U.S.C. 5303, 5304, and 5306, b. Provided for the participation of private companies engaged in public transportation to the maximum extent feasible, and c. Paid just compensation under State or local laws to the company for any franchise or property acquired, and 2. Ithas completed the actions described in Group 4.A.1 of this Certification before it: a. Acquires the property or an interest in the property of a private provider of public transportation, or b. Operates public transportation equipment or facilities: (1) In competition with transportation service provided by an existing public transportation operator, or (2) In addition to transportation service provided by an existing public transportation operator. 4.B.Charter Service Agreement. If your Applicant seeks FTA funding to acquire or operate transit facilities or equipment, the Charter Service Agreement in Group 04.B applies to your Applicant, except as FTA determines otherwise in writing. To comply with 49 U.S.C. 5323(d) and (g) and FTA regulations, “Charter Service,” 49CFR part 604, specifically 49 CFR 604.4, on behalf of your Applicant, you are entering into the following Charter Service Agreement: 1. FTA’s “Charter Service” regulations apply as follows: FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. FTA’s Charter Service regulations restrict transportation by charter service using facilities and equipment acquired by Recipients of FTA funding for transportation Projects with Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, (2) 23 U.S.C. 133 or 142, or (3) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, b. FTA’s charter service restrictions extend to: (1) Your Applicant, when it becomes a Recipient of Federal funding appropriated or made available for: (a) Federal transit laws, 49 U.S.C. chapter 53, (b) 23 U.S.C. 133 or 142, or (c) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, and (2) Any Third Party Participant that receives Federal funding derived from: (a) Federal transit laws, 49 U.S.C. chapter 53, (b) 23 U.S.C. 133 or 142, or (c) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, c. A Third Party Participant includes any: (1) Subrecipient at any tier, (2) Lessee, (3) Third Party Contractor or Subcontractor at any Tier, and (4) Other Third Party Participant in itsProject, d. You and your Applicant agree that neither it nor any governmental authority or publicly owned operator that receives Federal public transportation assistance appropriated or made available for its Project will engage in charter service operations, except as permitted under: (1) Federal transit laws, specifically 49 U.S.C. 5323(d) and (g), (2) FTA regulations, “Charter Service,” 49 CFRpart 604, to the extent consistent with 49 U.S.C. 5323(d) and (g), (3) Any other Federal Charter Service regulations, or (4) Federal guidance, except as FTA determines otherwise in writing, e. You and your Applicant agree that the latest Charter Service Agreement it has selected in its latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and f. You and your Applicant agree that: (1) FTA may require corrective measures or impose remedies on it or any governmental authority or publicly owned operator that receives FTA funding appropriated or made available for its Project that has engaged in a pattern of violations of FTA’s Charter Service regulations by: (a) Conducting charter operations prohibited by Federal transit laws and FTA’s Charter Service regulations, or (b) Otherwise violating its Charter Service Agreement it has elected in its FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES latest annual Certifications and Assurances, and (2) These corrective measures and remedies may include: (a) Barring itor any Third Party Participant operating public transportation under the Project that has provided prohibited charter service from receiving FTA funds, (b) Withholding an amount of Federal funds as provided by Appendix D to FTA’s Charter Service regulations, or (c) Any other appropriate remedy that may apply, and 2. In addition to the exceptions to the charter service restrictions in FTA’s Charter Service Regulations, FTA has established the following additional exceptions to those restrictions: a. FTA’s Charter Service restrictions do not apply to your Applicant if it seeks funding appropriated or made available for 49 U.S.C. 5307 and 5311, to be used for Job Access and Reverse Commute (JARC) activities that would have been eligible for assistance under repealed 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, provided that ituses that FTA funding for those program purposes only, b. FTA’s Charter Service restrictions do not apply to your Applicant if it seeks funding appropriated or made available for 49 U.S.C. 5310, to be used for New Freedom activities that would have been eligible for assistance under repealed 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year, provided ituses that FTA funding for those program purposes only, and c. An Applicant for assistance under 49 U.S.C. chapter 53 will not be determined to have violated the FTA Charter Service regulations if that Recipient provides a private intercity or charter transportation operator reasonable access to that Recipient’s federally funded public transportation facilities, including intermodal facilities, park and ride lots, and bus-only highway lanes, asprovided in 49 U.S.C. 5323(r). 4.C.School Bus Agreement. If your Applicant seeks FTA funding to acquire or operate transit facilities or equipment, the School Bus Agreement in Group 04.C applies to your Applicant, except as FTA determines otherwise in writing. To comply with 49 U.S.C. 5323(f) and (g) and FTA regulations, “School Bus Operations,” 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(f) and (g), on behalf of your Applicant, you are entering into the following School Bus Agreement: 1. FTA’s “School Bus Operations” regulations restrict school bus operations using facilities and equipment acquired with Federal funding derived from: a. Federal transit laws, 49 U.S.C. chapter 53, b. 23 U.S.C. 133 or 142, or c. Any other Act that provides Federal public transportation assistance, unless otherwise excepted, 2. FTA’s school bus operations restrictions extend to: FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. Your Applicant, when it becomes a Recipient of Federal funding appropriated or made available for: (1) Federal transit laws, 49 U.S.C. chapter 53, (2) 23 U.S.C. 133 or 142, or (3) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, and b. Any Third Party Participant that receives Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, (2) 23 U.S.C. 133 or 142, or (3) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, 3. A Third Party Participant includes any: a. Subrecipient at any tier, b. Lessee, c. Third Party Contractor or Subcontractor at any tier, and d. Other Third Party Participant in the Project, 4. You and your Applicant agree, and will obtain the agreement of any Third Party Participant involved in your Applicant’s Project,that it will not engage in school bus operations in competition with private operators of school buses, except as permitted under: a. Federal transit laws, specifically 49 U.S.C. 5323(f) and (g), b. FTA regulations, “School Bus Operations,” 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(f) and (g), c. Any other Federal School Bus regulations, or d. Federal guidance, except as FTA determines otherwise in writing, 5. You and your Applicant agree that the latest School Bus Agreement you have selected on its behalf in FTA’s latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and 6. You and your Applicant agree that after it is a Recipient, if itor any Third Party Participant has violated this School Bus Agreement, FTA may: a. Bar your Applicant or Third Party Participant from receiving further Federal transit funds, or b. Require the Applicant or Third Party Participant to take such remedial measures as FTA considers appropriate. GROUP 05. ROLLING STOCK REVIEWS AND BUS TESTING. Before FTA may provide funding for a Project to acquire rolling stock for use in revenue service or to acquire a new bus model, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Rolling Stock Reviews and Bus Testing Certifications in Group 05, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 05 that does not apply will not be enforced. 5.A.Rolling Stock Reviews. If your Applicant seeks FTA funding to acquire rolling stock for use in revenue service, the Certifications in Group 05.A apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that when procuring rolling stock for use in revenue service: 1. Itwill comply with: a. Federal transit laws, specifically 49 U.S.C. 5323(m), and b. FTA regulations, “Pre-Award and Post-Delivery Audits of Rolling Stock Purchases,” 49 CFR part 663, and 2. As provided in 49 CFR 663.7: a. Itwill conduct or cause to be conducted the required pre-award and post-delivery reviews, and b. Itwill maintain on file the Certifications required by 49 CFR part 663, subparts B, C, and D. 5.B.Bus Testing. If your Applicant seeks FTA funding to acquire a new bus model, the Bus Testing Certifications in Group 05.B apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that: 1. Bus Testing requirements apply to all acquisitions of new buses and new bus models that require bus testing, and it will comply with: a. 49 U.S.C. 5318, and b. FTA regulations, “Bus Testing,” 49 CFR part 665, to the extent these regulations are consistent with 49 U.S.C. 5318, 2. As required by 49 CFR 665.7, when acquiring the first bus of any new bus model or a bus model with a major change in components or configuration: a. Itwill not spend any Federal funds appropriated under 49 U.S.C. chapter 53 to acquire that bus until: (1) That bus has been tested at FTA’s bus testing facility, and (2) That bus has received a copy of the test report prepared on that new bus FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES model, and b. Itwill not authorize final acceptance of the bus until: (1) The bus has been tested at FTA’s bus testing facility, and (2) It has received a copy of the test report prepared on that new bus model, 3. Itwill ensure that the bus that is tested has met the performance standards consistent with those regulations, including: a. Performance standards for: (1) Maintainability, (2) Reliability, (3) Performance (including braking performance), (4) Structural integrity, (5) Fuel economy, (6) Emissions, and (7) Noise, and b.Minimum safety performance standards established under 49 U.S.C. 5329, and 4. After FTA has issued regulations authorized by 49 U.S.C. 5318(e)(2), itwill ensure that the bus that istested has received a passing aggregate test score under the “Pass/Fail” standard established by regulation. GROUP 06. DEMAND RESPONSIVE SERVICE. If your Applicant is a public entity, operates demand responsive service, and seeks FTA funding to acquire a non-rail vehicle that is not accessible, before FTA may provide funding for that Project, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Demand Responsive Service Certifications in Group 06, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 06 that does not apply will not be enforced. As required by U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37, specifically 49 CFR 37.77(d), on behalf of your Applicant, you certify that: 1. Your Applicant offers public transportation services equivalent in level and quality of service to: a. Individuals with disabilities, including individuals who use wheelchairs, and b. Individuals without disabilities, and 2. Viewed in its entirety, its service for individuals with disabilities is: FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. Provided in the most integrated setting feasible, and b. Equivalent to the service it offers individuals without disabilities with respect to: (1) Response time, (2) Fares, (3) Geographic service area, (4) Hours and days of service, (5) Restrictions on priorities based on trip purpose, (6) Availability of information and reservation capability, and (7) Constraints on capacity or service availability. GROUP 07. INTELLIGENT TRANSPORTATION SYSTEMS. Before FTA may provide funding for an Intelligent Transportation Systems (ITS) Project or a Project in support of an ITS Project, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Intelligent Transportation Systems Assurances in Group 07, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Assurances in Group 07 that does not apply will not be enforced. On behalf of your Applicant, you and your Applicant: 1. Understand that, as used in this assurance, the term Intelligent Transportation Systems (ITS) Project is defined to include any Project that, in whole or in part, finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the “National ITS Architecture,” and 2. Assure that, as provided in 23 U.S.C. 517(d), any ITS Project itundertakes that is funded with appropriations made available from the Highway Trust Fund, including amounts made available to deploy ITS facilities or equipment, will conform to the appropriate regional ITS architecture, applicable standards, and protocols developed under 23 U.S.C. 517(a) or (c), unless itobtains a waiver as provided in 23 U.S.C. 517(d)(2). GROUP 08. INTEREST AND FINANCING COSTS AND ACQUISITION OF CAPITAL ASSETS BY LEASE. Before FTA may provide funding appropriated or made available for 49 U.S.C. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES chapter 53 to support interest or financing costs of any Project financed under the Urbanized Area Formula Grants Program, Fixed Guideway Capital Investment Grants Program, or another program as FTA may specify, or finance leasing costs, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 08, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 08 that does not apply will not be enforced. 8.A.Interest and Financing Costs. If your Applicant intends to use FTA funding to support interest or other financing costs for Projects funded by the Urbanized Area Formula Grants Program, Fixed Guideway Capital Investment Grants Program, or another program as FTA may specify,the Interest and Financing Costs Certifications in Group 08.A apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that: 1. Itwill not seek reimbursement for interest or other financing costs unless: a. It is eligible to receive Federal funding for those costs, and b. Its records demonstrate that it has shown reasonable diligence in seeking the most favorable financing terms, to the extent FTA may require, and 2. Itwill comply with the same favorable financing cost provisions for: a. Urbanized Area Formula Grants Projects, b. Projects under Full Funding Grant Agreements, c. Projects with Early Systems Work Agreements, d. Fixed Guideway Capital Investment Projects funded by previous FTA enabling legislation, e. State of Good Repair Projects, f. Bus and Bus Facilities Projects, and g. Low or No Emission Vehicle Development Projects. 8.B.Acquisition of Capital Assets byLease. If your Applicant seeks FTA funding to acquire capital assets through a lease, the Acquisition of Capital Assets by Lease Certifications and Assurances in Group 08.B FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES applies to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify and assure that, as required by FTA regulations, “Capital Leases,” 49 CFR part 639, specifically 49 CFR 639.15(b)(1) and 49 CFR 639.21, if your Applicant acquires any capital asset through a lease financed with Federal funding appropriated or made available for 49 U.S.C. chapter 53: 1. Itwill not use Federal funding appropriated or made available for public transportation projects eligible under 49 U.S.C. chapter 53 or any other applicable law to finance the cost of leasing any capital asset until: a. It performs calculations demonstrating that leasing the capital asset would be more cost-effective than purchasing or constructing a similar asset, and b. It completes these calculations before the later of: (1) Entering into the lease, or (2) Receiving a capital grant for the asset, and 2. Itwill not enter into a capital lease for which FTA can provide only incremental Federal funding unless ithas adequate financial resources to meet its future lease obligations if Federal funding is not available. GROUP 09. TRANSIT ASSET MANAGEMENT PLAN AND PUBLIC TRANSPORTATION AGENCY SAFETY PLAN. Before FTA may provide funding appropriated or made available for 49 U.S.C. chapter 53 to support your Applicant’s Project, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 09, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 09 that does not apply will not be enforced. 9.A.Transit Asset Management Plan. If your Applicant applies for funding appropriated or made available for 49 U.S.C. chapter 53, the Transit Asset Management Certifications in Group 09.A apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that itand each Subrecipient will: 1. Follow Federal guidance when issued that implementstransit asset management system provisions of 49 U.S.C. 5326, except as FTA determines otherwise in writing, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES and 2. Comply with the final Federal regulations when issued that implement the transit asset management provisions of 49 U.S.C. 5326. 9.B.Public Transportation Agency Safety Plan. If your Applicant applies for funding under 49 U.S.C. chapter 53 and itis a State government, local government, or any other operator of a public transportation system, the Public Transportation Safety Plan Certifications in Group 09.B apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that it will: 1. Follow the Federal guidance, when issued,that will implement the safety plan provisions of 49 U.S.C. § 5329(d), except as FTA determines otherwise in writing, and 2. Comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). GROUP 10. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. If your Applicant must comply with the alcohol and controlled substance testing requirements of 49 U.S.C. 5331 and itsimplementing regulations, before FTA may provide funding for your Applicant’s Project, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 10, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 10 that does not apply will not be enforced. As required by 49 U.S.C. 5331, and FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR part 655, subpart I,specifically 49 CFR 655.83, on behalf of your Applicant, including a State Applicant, and on behalf of its Subrecipients and Third Party Contractors, you certify that: 1. Your Applicant, its Subrecipients, and Third Party Contractors to which these testing requirements apply have established and implemented: a. An alcohol misuse testing program, and b. A controlled substance testing program, 2. Your Applicant, its Subrecipients, and Third Party Contractors to which these testing FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES requirements apply have complied or will comply withall applicable requirements of 49CFR part 655 to the extent those regulations are consistent with 49 U.S.C. 5331, and 3. Consistent with U.S. DOT Office of Drug and Alcohol Policy and Compliance Notice, issued October 22, 2009, ifyour Applicant,its Subrecipients,or Third Party Contractors to which these testing requirements apply reside in a State that permits marijuana use for medical or recreational purposes, your Applicant,its Subrecipients, and Third Party Contractors to which these testing requirements apply have complied or will comply with the Federal controlled substance testing requirements of 49 CFR part 655. GROUP 11. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS PROGRAM (NEW STARTS, SMALL STARTS, AND CORE CAPACITY) AND CAPITAL INVESTMENT PROGRAM IN EFFECT BEFORE MAP-21. The Certifications in Group 11 apply to the New Starts, Small Starts, or Core Capacity Programs, 49 U.S.C. 5309. Before FTA may provide funding for your Applicant’s New Starts, Small Starts, or Core Capacity Project in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 11, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 11 that does not apply will not be enforced. Except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. Ithas or will have the following capabilities to carry out its proposed Project(s), including the safety and security aspects of the Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, and 4. Itwill comply with: a.The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES b.The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304. GROUP 12. STATE OF GOOD REPAIR PROGRAM. Certain Certifications and Assurances listed previously are required for the State of Good Repair Program funding under 49 U.S.C. 5337. Before FTA may provide funding for your Applicant’s Project under the State of Good Repair Program, 49 U.S.C. 5337, for your Applicant’s Project, in addition to other Certifications and Assurances you must select on itsbehalf, you must also select the Certifications in Group 12, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Assurance in Group 12 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of the Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, and 4. Itwill comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304. GROUP 13. FIXED GUIDEWAY MODERNIZATION GRANT PROGRAM. Before FTA may provide funding for your Applicant’s Project under the Fixed Guideway Modernization Grant Program, former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 13, except as FTA determines otherwise in writing. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certification in Group 13 that does not apply will not be enforced. Former 49 U.S.C. 5309(b)(2) and former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year,except as superseded by MAP-21 cross-cutting requirements that apply, require the following Certifications for Fixed Guideway Modernization Grant Program funding. Therefore, except as FTA determines otherwise in writing, onbehalf of your Applicant, you certify that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of the proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, and 4. Ithas complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304. GROUP 14. BUS AND BUS FACILITIES FORMULA GRANTS PROGRAM AND BUS AND BUS RELATED EQUIPMENT AND FACILITIES GRANT PROGRAM (DISCRETIONARY). The Certifications in Group 14 are required for funding under: 14.A. The Bus and Bus Facilities Formula GrantsProgram, 49 U.S.C. 5339, as amended by MAP-21, and 14.B. The Bus and Bus Related Equipment and Facilities Grant Program (Discretionary), former 49 U.S.C. 5309(b)(3) in effect in FY 2012 or a previous fiscal year,except as superseded by MAP-21 cross cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under either Program listed above, in addition to other Certifications and Assurances you must select on its behalf, you mustalso select the Certifications in Group 14, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 14 that does not apply will not be enforced. 14.A.Bus and Bus Facilities Formula Grants Program If your Applicant seeks FTA funding for its Project under the Bus and Bus Facilities Formula Grants Program, 49 U.S.C. 5339, the Certificationsin Group 14.A below apply to your Applicant, except as FTA determines otherwise in writing. The following Certification for Bus and Bus Facilities Formula Grants Program funding are required by 49 U.S.C. 5339(b), which states that “[t]he requirements of section 5307 apply to recipients of grants made under this section.” Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, 4. Itwill ensure that, during non-peak hours for transportation using or involving a facility or equipment of a Project financed under 49 U.S.C.5339, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, b. Any individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, c. Any individual presenting a Medicare card issued to that individual under titleII of the Social Security Act (42 U.S.C. 401 et seq.), and d. Any individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under 49 U.S.C.5339, it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. Ithas complied with or will comply with 49 U.S.C. 5307(b), because it: a.Has made or will make available to the public information on amounts of its FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES funding available to it under 49 U.S.C. 5339, b.Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, c. Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, d.Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, e. Has ensured or will ensure that the proposed Program of Projects provide for coordination of transportation services funded by FTA under 49 U.S.C. 5336 with transportation services supported by other United States Government sources, f. Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and g. Has made or will make the final Program of Projects available to the public, 7. As required by 49 U.S.C. 5307(d), it: a. Has or will have the amount of funds required for the local share, b.Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. Itwill comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b.The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, 9. Ithas a locally developed process to solicit and consider public comment before: a. Raising a fare, or b.Implementing a major reduction of public transportation, and 10.It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d).. 14.B. Bus and Bus Related Equipment and Facilities Grant Program (Discretionary). If your Applicant seeks FTA funding for its Project under the Bus and Bus Related Equipment and Facilities Grant Program (Discretionary), former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year, the Certificationsin Group 14.B below apply to your Applicant, except as FTA determines otherwise in writing. The following Certificationsfor the Bus and Bus Related Equipment and Facilities Grant Program (Discretionary) funding are required by former 49 U.S.C. 5309(c)(2), which applies the requirements of former 49 U.S.C. 5307(d)(1)(A), (B), (C), and (H) in effect in FY 2012 or a previous fiscal year to this Program except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of those Project(s): a. Legal capacity, b.Financial capacity, and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, and 4. Ithas complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304. GROUP 15.URBANIZED AREA FORMULA GRANTSPROGRAMS, PASSENGER FERRY GRANT PROGRAM, AND JOB ACCESS AND REVERSE COMMUTE (JARC) FORMULA GRANT PROGRAM. The Certifications in Group 15 are required for funding under: 15.A. The Urbanized Area Formula Grants Program financed with funds appropriated or made available for 49 U.S.C. 5307, as amended by MAP-21, which among other things, authorizes funding for Job Access and Reverse Commute (JARC) Projects and Project Activities, 15.B. The Urbanized Area Formula Grants Program financed with funds appropriated or made available for former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year,except as superseded by MAP-21 cross-cutting requirements that apply, 15.C. The Passenger Ferry Grant Program financed with funds appropriated or made available for 49 U.S.C. 5307(h), as amended by MAP-21, and 15.D. The Job Access and Reverse Commute (JARC) Formula Grant Program financed with funds appropriated or made available for former 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under any of the Programs listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 15, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Any provision of the Certifications in Group 15 that does not apply will not be enforced. 15.A.Urbanized Area Formula Grants Program under MAP-21. If your Applicant seeks FTA funding for its Project under the Urbanized Area Formula Grants Program, 49 U.S.C. 5307, as amended by MAP-21, the Certificationsin Group 15.A apply to your Applicant, except as FTA determines otherwise in writing. The following Certificationsfor the Urbanized Area Formula Grants Program funding appropriated or made available in FYs 2013 and 2014 are required by 49 U.S.C. 5307(c)(1). Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of the proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, 4. Itwill ensure that, during non-peak hours for transportation using or involving a facility or equipment of a Project financed under 49 U.S.C. 5307, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, b. Any individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, c. Any individual presenting a Medicare card issued to that individual under titleII of the Social Security Act (42 U.S.C. 401 et seq.), or d. Any individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under 49 U.S.C. 5307, it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. Ithas complied with or will comply with 49 U.S.C. 5307(b), because it: a. Has made or will make available to the public information on amounts of its funding available to it under 49 U.S.C. 5307, b. Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, c. Has published or will publish a Program of Projects in a way that affected FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, d. Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, e. Has ensured or will ensure that the proposed Program of Projects provide for coordination of transportation services funded by FTA under 49 U.S.C. 5336 with transportation services supported by other United States Government sources, f. Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and g. Has made or will make the final Program of Projects available to the public, 7. As required by 49 U.S.C. 5307(d), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. As required by 49 U.S.C. 5307(c)(1)(H), it will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, 9. As required by 49 U.S.C. 5307(c)(1)(I), ithas a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, 10.Each fiscal year: a. At least one (1) percent of the amount of the 49 U.S.C. 5307 funding apportioned to the urbanized area must be expended for public transportation security Projects as described in 49 U.S.C. 5307(c)(1)(J)(i) including: (1) Increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), (2) Increased camera surveillance of an area in or adjacent to that system, (3) Providing emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and (4) Any other Project intended to increase the security and safety of an existing or planned public transportation system, or b. The Designated Recipients in its urbanized area certify that such expenditures for transportation security Projects are not necessary (Information about the intentions of your Designated Recipients in your Applicant’s urbanized area must be recorded in the “Security” tab page of the TEAM-Web “Project Information” window when it submits its Urbanized Area Formula Grants Program application in TEAM-Web), 11.Ifitserves an urbanized area with a population of at least 200,000 individuals, as determined by the Bureau of the Census: a. Each fiscal year, it will ensure that at least one (1) percent of the amount apportioned to the urbanized area is spent for Associated Transit Improvements, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES as defined in 49 U.S.C. 5302(1), b. Itwill include in its quarterly report for the fourth quarter of the preceding Federal fiscal year: (1) A list of its Associated Transit Improvement Projects or Project Activities during that Federal fiscal year using those 49 U.S.C. 5307 funds, or (2) Sufficient information to demonstrate that the Designated Recipients in its urbanized area together have spent one (1) percent of the funding apportioned to the area for Associated Transit Improvement Projects or Project Activities, or have included the same information in a separate report attached in TEAM-Web, and c. The report of its Associated Transit Improvement Projects or Project Activities is or will be incorporated by reference and made part of its Certifications and Assurances, and 12.It will comply with the final Federal regulations, when issued, that implement the safety requirements of 49 U.S.C. § 5329(d). B.Urbanized Area Formula Grants Program before MAP-21 Became Effective. You must select the Certification in Group 15.B if your Applicant seeks funding under the Urbanized Area Formula Grants Program financed with funds appropriated or made available for former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year. In administering this program, MAP-21 cross-cutting requirements supersede inconsistent former requirements. The following Certificationsfor the Urbanized Area Formula Grants Program are required by former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, 4. Itwill ensure that for transportation using or involving a facility or equipment of a Project financed under former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any elderly individual, b. Any handicapped individual, as described in 49 CFR part 27, c. Any individual presenting a Medicare card issued to that individual under titleII of the Social Security Act (42 U.S.C. 401 et seq.), or FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES d. Any individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year, it will comply with the following provisions as amended by MAP-21: a. Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), b. The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), c. “Buy America” under 49 U.S.C. 5323(j), d. Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), e. Applicable railcar option restrictions of 49 U.S.C. 5325(e), and f. “Veterans Preference/Employment” under 49 U.S.C. 5325(k), 6. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, 7. It: a. Has or will make available to the public information on amounts available to it under 49 U.S.C. 5307 and the Program of Projects it proposes to undertake, b. Will develop or has developed, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be financed, c. Will publish or has published 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 Applicant or Recipient’s performance, d. Will provide or has provided an opportunity for a public hearing in which to obtain the views of citizens on the proposed Program of Projects, e. Will ensure or has ensured that the proposed Program of Projects provides for the coordination of public transportation services assisted under 49 U.S.C. 5336 with transportation services assisted from other U.S. Government sources, f. Will consider or has considered comments and views received, especially those of private transportation providers, in preparing the final Program of Projects, and g. Will make or has made the final Program of Projects available to the public, 8. It: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 9. Ithas complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, 10.Ithas a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, 11.Each fiscal year: a. At least one (1) percent of the 49 U.S.C. 5307 funding apportioned to an urbanized area must be spent for public transportation security Projects (limited to capital Projects if it serves an urbanized area with a population of 200,000 or FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES more), including: (1) Increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), (2) Increased camera surveillance of an area in or adjacent to that system, (3) Emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and (4) Any other Project intended to increase the security and safety of an existing or planned public transportation, or b. Itwill certify that such expenditures for transportation security Projects are not necessary (Information about its intentions must be recorded in the “Security” tab page of the TEAM-Web “Project Information” window when it submits its Urbanized Area Formula Grants Program application in TEAM-Web), 12.Ifitserves an urbanized area with a population of at least 200,000 individuals: a. Each fiscal year, it will ensure that at least one (1) percent of the amount apportioned to the urbanized area is spent for Transit Enhancements, as defined in former 49 U.S.C. 5302(a)(15), b. Itwill include in its quarterly report for the fourth quarter of the preceding Federal fiscal year: (1) A list of its Transit Enhancement Project Activities during that Federal fiscal year using those former 49 U.S.C. 5307 funds, or (2) Sufficient information to demonstrate that the Designated Recipients in its urbanized area together have spent one (1) percent of the amount of funding that must be made available to them for Transit Enhancements or have included the same information in a separate report attached in TEAM-Web, and c. The report of itsor the Designated Recipients’ Transit Enhancement Projects or Project Activities is or will be incorporated by reference and made part of its Certifications and Assurances, and 13.It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). C.Passenger Ferry Grant Program. If your Applicant seeks FTA funding for its Project under the Passenger Ferry Grant Program, 49 U.S.C. 5307(h), the Certificationsin Group 15.C apply to your Applicant, except as FTA determines otherwise in writing. The following Certificationsfor the Passenger Ferry Grant Program funding are required by 49 U.S.C. 5307(h) and (c)(1). Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of the proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, 4. Itwill ensure that, during non-peak hours for transportation using or involving a facility or equipment of a Project financed under 49 U.S.C. 5307(h), the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, b. Any individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, c. Any individual presenting a Medicare card issued to that individual under titleII of the Social Security Act (42 U.S.C. 401 et seq.), or d. Any individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under 49 U.S.C. 5307(h),it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. As required by 49 U.S.C. 5307(d), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 7. As required by 49 U.S.C. 5307(c)(1)(H), it will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, 8. As required by 49 U.S.C. 5307(c)(1)(I), ithas a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, and 9. .It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). D. Job Access and Reverse Commute (JARC) Formula Grant Program. If your Applicant seeks FTA funding for its Project under the Job Access and Reverse Commute (JARC) Formula Grant Program, former 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, the Certificationsin Group 15.C apply to your Applicant, except as FTA determines otherwise in writing. 1. The following Certificationsfor the Job Access and Reverse Commute (JARC) Formula Grant Program are required by former 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year,except as superseded by MAP-21 cross-cutting requirements FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. Itwill make awards of JARC funding on a competitive basis following: (1) An areawide solicitation in cooperation with the appropriate metropolitan planning organization for applications for funding in compliance with former 49 U.S.C. 5316 if your Applicant receives funding under former 49 U.S.C. 5316(c)(1)(A), and (2) A statewide solicitation for applications for JARC funding in compliance with former 49 U.S.C. 5316 if your Applicant receives funding under former 49U.S.C. 5316(c)(1)(B) or (C), b. Any allocations to Subrecipients of JARC funding authorized by former 49 U.S.C. 5316 will be distributed on a fair and equitable basis, c. As required by former 49 U.S.C. 5316: (1) The Projects ithas selected or will select for former 49 U.S.C. 5316 funding must be derived from a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, and (2) That locally developed and coordinated plan was produced through a process that included: (a) Representatives of public, private, and nonprofit transportation providers, (b) Human service providers, and (c) Participation by the public, d. Before ittransfers funds to a Project funded by former 49 U.S.C. 5336, that Project has been or will have been coordinated with private nonprofit providers of services as required under former 49 U.S.C. 5316(g)(2), e. Before using funds apportioned for Projects serving an area other than that for which funding was apportioned under former 49 U.S.C. 5316: (1) The State’s chief executive officer, or his or her designee, will have certified that all the JARC program objectives of former 49 U.S.C. 5316 are being met in the area from which the funding would be derived, and (2) If the State has a statewide program for meeting the JARC program objectives of former 49 U.S.C. 5316, the funds can be used for Projects anywhere in the State, and f. The requirements of former 49 U.S.C. 5307 will apply to the JARC Program, authorized by former 49 U.S.C. 5316, and 2. The following Certifications for the JARC Program are required by former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, onits behalf, you certify that: a. Ithas or will have, and will require each Subrecipient to have, the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) The legal capacity, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (2) The financial capacity, and (3) The technical capacity, b. Ithas or will have, and will require each Subrecipient to have satisfactory continuing control over the use of Project equipment and facilities, c. Itwill maintain, and will require each Subrecipient to maintain, its Project equipment and facilities adequately, d. To the extent applicable, it will ensure, and will require each Subrecipient to ensure, that for transportation using or involving a facility or equipment of a Project financed under former 49 U.S.C. 5316 the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: (1) Any elderly individual, (2) Any handicapped individual, as described in 49 CFR part 27, (3) Any individual presenting a Medicare card issued to that individual under titleII of the Social Security Act (42 U.S.C. 401 etseq.), and (4) Any individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e. When carrying out a procurement under former 49 U.S.C. 5316, it will comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements, as required by 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), and (5) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), f. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, g. It: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share by former 49 U.S.C. 5316, (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from sources approved by FTA, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, h. Ithas complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, i. Ithas or will have, and will require each Subrecipient to have, a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation, and j. To the extent applicable, it will comply with, and as necessary, will require each Subrecipient to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). GROUP 16.SENIORS/ELDERLY/INDIVIDUALS WITH DISABILITIES FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES ANDNEW FREEDOM PROGRAMS. The Certifications in Group 16 are required for funding under: 16.A. The Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, financed or to be financed with funds appropriated or made available for 49 U.S.C. 5310, as amended by MAP-21, which among other things authorizes funding for New Freedom Projects and Project Activities, 16.B. The Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program financed or to be financed with funds appropriated or made available for former 49 U.S.C. 5310 in effect in FY 2012 or a previous fiscal year,except as superseded by MAP-21 cross-cutting requirements that apply, and 16.C. The New Freedom Program financed or to be financed with funds appropriated or made available for former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under any of the Programs listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 16, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 16 that does not apply will not be enforced. 16.A. Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, 49 U.S.C. 5310, as amended by MAP-21, the Certificationsin Group 16.A apply to your Applicant, except as FTA determines otherwise in writing. 1. The following Certifications for the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program are required by 49 U.S.C. 5310. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. Each of its Subrecipients is: FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (1) A private nonprofit organization, or (2) A State or local governmental authority that: (a) Is approved by a State to coordinate services for seniors and individuals with disabilities, or (b) Certifies that there are no private nonprofit organizations readily available in the area to provide the services authorized for support under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, b. Itwill comply with the following Project selection and planning requirements: (1) The Projects ithas selected or will select for funding appropriated or made available for 49 U.S.C. 5310 are included in a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, (2) The public transit-human services transportation plan was developed and approved through a process that included participation by: (a) Seniors, (b) Individuals with disabilities, (c) Representatives of public, private, and nonprofit transportation providers, (d) Representatives of public, private, and nonprofit human services providers, and (e) Other members of the public, (3) The transportation projects to assist in providing transportation services for seniors and individuals with disabilities are included in a program of projects, (4) A program of projects under Group 16.A.1.b(3) above is or will be submitted annually to FTA, and (5) To the maximum extent feasible, the services funded by 49 U.S.C. 5310 will be coordinated with transportation services funded by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services, c. As required by 49 U.S.C. 5310(e)(2)(B), it certifies that if it allocates funds received under 49 U.S.C. 5310, to Subrecipients, it will have allocated those funds on a fair and equitable basis, d. Itwill transfer a facility or equipment financed with funding appropriated or made available for a grant under 49 U.S.C. 5310, to any other recipient eligible to receive assistance under 49 U.S.C. chapter 53, only if: (1) The recipient in possession of the facility or equipment consents to the transfer, and (2) The facility or equipment will continue to be used as required under 49 U.S.C. 5310, e. As required by 49 U.S.C. 5310(b)(2), it will use at least fifty-five (55) percent of the funds on capital projects to meet the special needs of seniors and disabled, and f. The requirements of 49 U.S.C. 5307, as determined by FTA, will apply to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Disabilities, authorized by 49 U.S.C. 5310, and 2. FTA has determined certain requirements of 49 U.S.C. 5307, to be appropriate for which some require Certifications. Therefore, as specified under 49 U.S.C. 5307(c)(1), it certifies that: a. Ithas or will have, and will require each Subrecipient to have, the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. Ithas or will have, and will require each Subrecipient to have, satisfactory continuing control over the use of Project equipment and facilities, c. Itwill maintain, and will require each Subrecipient to maintain its Project equipment and facilities adequately, d. When carrying out a procurement under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, it will, and will require each Subrecipient to comply with the: (1) General Provisions of 49 U.S.C. 5323, and (2) Third Party Contract Provisions of 49 U.S.C. 5325, e. Ithas complied or will comply with, and will require each Subrecipient to comply with: (1) The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and (2) The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, and f. To the extent applicable, it will comply with, and require its Subrecipients to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). 16.B.Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program, former 49 U.S.C. 5310 in effect in FY 2012 or a previous fiscal year,except as superseded by MAP-21 cross-cutting requirements that apply, the Certificationsin Group 16.B apply to your Applicant, except as FTA determines otherwise in writing. 1. The following Certificationsfor the Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program are required by former 49 U.S.C. 5310 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your State Applicant, you certify that: a. Each of your State Applicant’s Subrecipients is: (1) A private nonprofit organization, if the public transportation service that FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES would undertake public transportation capital Project(s) planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities is: (a) Unavailable, (b) Insufficient, or (c) Inappropriate, or (2) A State or local governmental authority that: (a) Is approved by a State to coordinate services for seniors and individuals with disabilities, or (b) Certifies that there are not any nonprofit organizations readily available in the area to provide public transportation capital Projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities, b.The Projects your State Applicant has selected or will select for funding appropriated or made available for former 49 U.S.C. 5310 are included in a public transit-human services transportation plan that has been: (1) Locally developed, and (2) Coordinated, c. That public transit-human services transportation plan was developed and approved through a process that included participation by: (1) Elderly Individuals, (2) Individuals with disabilities, (3) Representatives of public, private, and nonprofit transportation providers, (4) Representatives of human services providers, and (5) Other members of the public, d.If your State Applicant allocates funds received under former 49 U.S.C. 5310 to Subrecipients, your State Applicant will have allocated those funds on a fair and equitable basis, e. The Program of Projects your State Applicant has submitted or will submit contains or will contain an assurance that the Program provides for the maximum feasible coordination of transportation services funded by former 49 U.S.C. 5310 with transportation services funded by other Government sources, f. If your State Applicant transfers former 49 U.S.C. 5310 funds to another Project funded under 49 U.S.C. 5336 in accordance with former 49 U.S.C. 5310(b)(2), the Project for which the funds are requested has been coordinated with private nonprofit providers of service under former 49 U.S.C. 5310, and g. Itwill comply with the requirements of former 49 U.S.C. 5307 that FTA determined will apply to the former Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program, 2. The following Certifications for the Special Needs of Elderly Individuals and Individuals with Disabilities Program are required by former 49 U.S.C. 5307(d)(1). Therefore, except as FTA determines otherwise in writing, on behalf of your State Applicant, you certify that: a. Your State Applicant and each of its Subrecipients have or will have the following to carry out its proposed Project(s), including the safety and security FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES aspects of the proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. Your State Applicant and each Subrecipient has or will have satisfactory continuing control over the use of Project equipment and facilities, c. Your State Applicant and each of its Subrecipients will maintain its Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5310, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and (6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, f. Your State Applicant: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share by former 49 U.S.C. 5310(c)(2), (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from sources approved by FTA, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, g. Ithas complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, and h. To the extent applicable, your State Applicant will comply with and, as necessary, will require each Subrecipient to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). 16.C.New Freedom Program. If your Applicant seeks FTA funding for its Project under the New Freedom Program, former 49 U.S.C. 5317, in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, the Certificationsin Group 16.C apply to your Applicant, except as FTA determines otherwise in writing. 1. Former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year requires the following Certification for the New Freedom Program. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. Itwill make awards of New Freedom funding on a competitive basis after conducting: FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (1) An areawide solicitation in cooperation with the appropriate metropolitan planning organization for applications for funding in compliance with former 49 U.S.C. 5317(d)(1), or (2) A statewide solicitation for applications for New Freedom funding in compliance with former 49 U.S.C. 5317(d)(2), b. Any allocations to Subrecipients of New Freedom funding authorized by former 49 U.S.C. 5317 will be distributed on a fair and equitable basis, c. Itwill comply with the following Project selection and planning requirements: (1) The Projects ithas selected or will select for funding appropriated or made available for that program were derived from a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, (2) That locally developed and coordinated plan was produced through a process that included: (a) Representatives of public, private, and nonprofit transportation providers, (b) Representatives of public, private, and nonprofit human services providers, and (c) Participation by the public, d. Before ittransfers funds to a Project funded by former 49 U.S.C. 5311(c), former 49 U.S.C. 5336, or both: (1) The funding to be transferred may be made available only to Projects eligible for funding appropriated or made available for former 49 U.S.C. 5317, and (2) Itwill have consulted with responsible local officials and publicly owned operators of public transportation in each area for which the amount to be transferred was originally awarded, e. The requirements of former 49 U.S.C. 5307 and 5310, as determined by FTA, will apply to the New Freedom Program, authorized by former 49 U.S.C. 5317, and 2. The following Certifications for the New Freedom Program are required by former 49 U.S.C. 5307(d)(1) and 5310. Therefore, except as FTA determines otherwise in writing, on its behalf, you certify that: a. Ithas or will have, and will require each Subrecipient to have, the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. Ithas or will have, and will require each Subrecipient to have, satisfactory continuing control over the use of Project equipment and facilities, c. Itwill maintain, and will require each Subrecipient to maintain, its Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5317, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and (6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, f. It: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share required by former 49 U.S.C. 5317(g), (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from sources approved by FTA, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, g. Ithas complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, and h. To the extent applicable, it will comply with and, as necessary, will require each Subrecipient to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). GROUP 17.RURAL/OTHER THAN URBANIZED AREAS/APPALACHIAN DEVELOPMENT/OVER-THE-ROAD BUS ACCESSIBILITY PROGRAMS. The Certifications in Group 17 are required for funding under: 17.A. The Formula Grants for Rural Areas Program financed with funding appropriated or made available for 49 U.S.C. 5311(b), as amended by MAP-21, (Separate Certifications and Assurances have been established in Group 18 for an Indian tribe that is an Applicant for a Public Transportation on Indian Reservations Project financed with funding made available for 49 U.S.C. 5311(c))(1), as amended by MAP-21.) 17.B. The Formula Grants for Other Than Urbanized Areas Program financed with funding appropriated or made available for former 49 U.S.C. 5311(b) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, (Separate Certifications and Assurances have been established in Group 18 for an Indian tribe that is an Applicant for a “Tribal Transit” Project financed with funding made available for former 49 U.S.C. 5311(c)(1) in effect in FY 2012 or a previous fiscal year.) 17.C. The Appalachian Development Public Transportation Assistance Program financed with funding appropriated or made available for 49 U.S.C. 5311(c)(2), as amended by MAP-21, and 17.D. The Over-the-Road Bus Accessibility Program financed with funding appropriated or made available for section 3038 of TEA-21, as amended by section 3039 of SAFETEA-LU, 49 U.S.C. 5310 note, except as superseded by FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES MAP-21 cross-cutting requirements that apply. (Separate Certifications and Assurances have been established for an Indian tribe that is an Applicant for a Tribal Transit Project financed with funding made available for 49 U.S.C. 5311(c).) Before FTA may provide funding for your Applicant’s Project under any of the Programs listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 17, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 17 that does not apply will not be enforced. 17.A.Formula Grants for Rural Areas Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for Rural Areas Program, 49 U.S.C. 5311, as amended by MAP-21, the Certificationsin Group 17.A apply to your Applicant, except as FTA determines otherwise in writing. The following Certifications apply to each State or State organization serving as your Applicant for funding appropriated or made available for the Rural Areas Formula Project authorized by 49 U.S.C. 5311(b). Onitsbehalf, you certify and assure that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): a. Legal capacity, b. Financial capacity,and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. ItsProject equipment and facilities will be adequately maintained, 4. ItsState program has provided for a fair distribution of Federal funding appropriated or made available for 49 U.S.C. 5311(b),within the State, including Indian reservations, 5. Itsprogram provides or will provide the maximum feasible coordination of public transportation service funded by 49 U.S.C. 5311(b), with transportation service funded by other Federal sources, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 6. ItsProjects in its Formula Grants for Rural Areas Program are included in: a. The Statewide Transportation Improvement Program, and b. To the extent applicable, a Metropolitan Transportation Improvement Program, 7. It: a. Has or will have the amount of funds required for the local share, as required by 49 U.S.C. 5311(g), b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. Itmay transfer a facility or equipment acquired using a grant under 49 U.S.C. 5311(b) to any other Recipient eligible to receive assistance under 49 U.S.C. chapter 53, if: a. The Recipient in possession of the facility or equipment consents to the transfer, and b. The facility or equipment will continue to be used as required under 49 U.S.C. 5311, and 9. Each fiscal year: a. Itwill spend at least fifteen (15) percent of its 49 U.S.C. 5311 funding available that fiscal year to develop and support intercity bus transportation within the State, with eligible activities, including: (1) Planning and marketing for intercity bus transportation, (2) Capital grants for intercity bus facilities, (3) Joint-use facilities, (4) Operating grants through purchase-of-service agreements, user-side subsidies, and demonstration Projects, and (5) Coordinating rural connections between small public transportation operations and intercity bus carriers, or b. Itwill provide to the Federal Transit Administrator a Certification from the Governor of the State that: (1) It has consulted with the affected intercity bus service providers about the intercity bus needs of the State, and (2) The State’s intercity bus service needs are being met adequately. 17.B.Formula Grants for Other Than Urbanized Areas Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for Other Than Urbanized Areas Program, former 49 U.S.C. 5311 in effect in FY 2012 or a previous fiscal year, the Certificationsin Group 17.B apply to your Applicant, except as FTA determines otherwise in writing. The following Certifications apply to each State or State organization serving as your Applicant for funding appropriated or made available for the Formula Grants for Other Than Urbanized Areas Project authorized by former 49 U.S.C. 5311(b)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. On itsbehalf, you certify and assure that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. Legal capacity, b. Financial capacity,and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Its Project equipment and facilities will be adequately maintained, 4. ItsState program required under former 49 U.S.C. 5311(b)(2) has provided for a fair distribution of Federal funding appropriated or made available for former 49 U.S.C. 5311(b), within the State, including Indian reservations, 5. ItsState program required under former 49 U.S.C. 5311(b)(2) provides or will provide the maximum feasible coordination of public transportation service funded by former 49 U.S.C. 5311(b), with transportation service funded by other Federal sources, 6. Its Projects in its Formula Grants for Other than Urbanized Areas Program are included in: a. The Statewide Transportation Improvement Program, and b. To the extent applicable, a Metropolitan Transportation Improvement Program, 7. It: a. Has or will have the amount of funds required for the local share, as required by former 49 U.S.C. 5311(g), b. Will provide the local share funds sources approved by FTA, and c. Will provide the local share funds when needed, 8. Itmay transfer a facility or equipment acquired using a grant under former 49 U.S.C. 5311(b) in effect in FY 2012 or a previous fiscal year to any other Recipient eligible to receive assistance under 49 U.S.C. chapter 53, if: a. The Recipient inpossession of the facility or equipment consents tothe transfer,and b. The facility or equipment will continue to be used as required under former 49 U.S.C. 5311, and 9. Each fiscal year: a. Itwill spend at least fifteen (15) percent of its former 49 U.S.C. 5311 funding available for that fiscal year to develop and support intercity bus transportation within the State with eligible activities, including: (1) Planning and marketing for intercity bus transportation, (2) Capital grants for intercity bus shelters, (3) Joint-use stops and depots, (4) Operating grants through purchase-of-service agreements, user-side subsidies, and demonstration Projects, and (5) Coordinating rural connections between small public transportation operations and intercity bus carriers, or b. Itwill provide to the Federal Transit Administrator a Certification from the Chief Executive Officer of the State that: (1) It has consulted with the affected intercity bus service providers about the intercity bus needs of the State, and (2) The State’s intercity bus service needs are being met adequately. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 17.C.Appalachian Development Public Transportation Assistance Program. If your Applicant seeks FTA funding for its Project under the Appalachian Development Public Transportation Assistance Program, 49 U.S.C. 5311(c)(2), the Certification in Group 17.C applies to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify and assure that, in addition to other Certifications and Assurances itmust provide, if itis unable to use its funding made available or appropriated for public transportation operating assistance, in accordance with 49 U.S.C. 5311(c)(2)(D),itmay use the funding for a highway Project only after: 1. It provides notice and an opportunity for comment and appeal to affected public transportation providers, 2. It approves for such use in writing, and 3. In approving the use, itdetermines that local transit needs are being addressed. 17.D. Over-the-Road Bus Accessibility Program. If your Applicant seeks FTA funding for its Project under the Over-the-Road Bus Accessibility Program, section 3038 of TEA-21, as amended by section 3039 of SAFETEA-LU, 49 U.S.C. 5310 note, the Assurances in Group 17.D apply to your Applicant, except as FTA determines otherwise in writing. Your Applicant assures that it will comply with all applicable Federal statutes and regulations, and follow applicable Federal guidance in carrying out any Over-the-Road Bus Accessibility Project supported by the FTA grant. Itacknowledges that it is under a continuing obligation to comply with the terms and conditions of the grant agreement issued for its Project with FTA. Itunderstands that Federal laws, regulations, policies, and administrative practices might be modified from time to time and affect the implementation of the Project. Itassures that the Federal requirements for the Over-the-Road Bus Accessibility Program during FY 2012 will apply to the Project, except as FTA determines otherwise in writing. Certifications and Assurances for funding to be awarded under this program in FY 2014 are included in these FTA Certifications and Assurances for FY 2014. Each Applicant must submit Group 01 (“Required Certifications and Assurances for Each Applicant”). Each Applicant seeking more than $100,000 in Federal funding must provide both Group 01, and Group 02, (“Lobbying”). GROUP 18.TRIBAL TRANSIT PROGRAMS. The Certifications in Group 18 are required for funding under: The Public Transportation on Indian Reservations Formula Program, 49 U.S.C. 5311(c)(1), as amended by MAP-21, and The Public Transportation on Indian Reservations Discretionary Program, 49 U.S.C. 5311(c)(1). FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding for your Applicant’s Project under either Program listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 18, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 18 that does not apply will not be enforced. FTA has established terms and conditions for Tribal Transit Program grants financed with funding appropriated or made available for 49 U.S.C. 5311(c)(1). On behalf of your Applicant, you certifyand assure that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): a. Legal capacity, b. Financial capacity,and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. ItsProject equipment and facilities will be adequately maintained, 4. ItsProject will achieve maximum feasible coordination with transportation service funded by other Federal sources, 5. Itwill: a. Have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFRpart 18, specifically 49 CFR 18.36, or b. Inform FTA promptly that its procurement system does not comply with those U.S.DOT regulations, 6. It will comply with Buy America under 49 U.S.C. 5323(j), and 7. Itwill comply with the Certifications, Assurances, and Agreements in: a. Group 03.B and 03.C (Charter Service Agreement and School Bus Agreement), b.Group 05.B (Bus Testing), c. Group 06 (Demand Responsive Service), d.Group 07 (Intelligent Transportation Systems), and e. Group 10 (Alcohol and Controlled Substances Testing). GROUP 19. LOW OR NO EMISSION/CLEAN FUELS GRANT PROGRAM FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES The Certifications in Group 19 are required for funding under: 19.A. The Low or No Emission Vehicle Deployment Program, 49 U.S.C. 5312(d)(5), as amended by MAP-21, and 19.B. The Clean Fuels Grant Program, former 49 U.S.C. 5308, in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under any of the Programs listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 19, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 19 that does not apply will not be enforced. 19.A.Low or No Emission Vehicle Deployment. If your Applicant seeks FTA funding for its Project under the Low or No Emission Vehicle Development Program, 49 U.S.C. 5312(d)(5), as amended by MAP-21, the Certifications and Assurances in Group 19.A apply to your Applicant, except as FTA determines otherwise in writing. Section 5312(d)(5)(C)(i) of title 49 requires the following Certificationsfor Low or No Emission Vehicle Deployment Program funding appropriated or made available for MAP-21. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify and assure that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): a. Legal capacity, b. Financial capacity,and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, 4. Itwill ensure that, during non-peak hours, for transportation using or involving a facility or equipment funded for its Project, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES b. Any individual who, because of illness, injury, age, acongenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or who has semi-ambulatory capability), and cannot use a public transportation service or a public transportation facility effectively without special facilities, special planning, or special design, c. Any individual presenting a Medicare card issued to that individual under titleII of the Social Security Act (42 U.S.C. 401 et seq.), or d. Any individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under this Program, it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. It has: a. Informed or will inform the public of the amounts of its funding available under this Program, b. Developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, c. Published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Projects and its performance as an Applicant, d. Provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, e. Assured or will assure that the proposed Program of Projects provides for coordination of public transportation services assisted under 49 U.S.C. 5336 with federally funded transportation services supported by other United States Government sources, f. Considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of Projects, and g. Made or will make the final list of Projects available to the public, 7. It: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. Itwill comply with: a.The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b.The Statewide and Nonmetropolitan Planning requirements of 49 U.S.C. 5304, 9. Ithas a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, and 10.It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). 19.B.Clean Fuels Grant Program. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES If your Applicant seeks FTA funding for its Project under the Clean Fuels Grant Program, former 49 U.S.C. 5308, in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 crosscutting requirements that apply, the Certifications and Assurances in Group 19.B apply to your Applicant, except as FTA determines otherwise in writing. Former 49 U.S.C. 5307(d)(1) except as superseded by MAP-21 cross-cutting requirements that apply, requires the following Certifications for Clean Fuels Grant Program funding appropriated or made available for former 49 U.S.C. 5308 in effect in FY 2012 or a previous fiscal year. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify and assure that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): a. Legal capacity, b. Financial capacity,and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain the Project equipment and facilities adequately, 4. Itwill ensure that the following individuals will be charged not more than fifty (50) percent of the peak hour fare for transportation during non-peak hours using or involving Project facilities or equipment supported under former 49 U.S.C. 5308: a. Elderly individuals, b. Individuals with disabilities, c. Any individual presenting a Medicare card issued to that individual under titleII of the Social Security Act (42 U.S.C. 401 et seq.), and d. Any individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under former 49 U.S.C. 5308, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: a. Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), b. The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), c. “Buy America” under 49 U.S.C. 5323(j), d. Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), e. Applicable railcar option restrictions of 49 U.S.C. 5325(e), and f. “Veterans Preference/Employment” under 49 U.S.C. 5325(k), 6. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, 7. It: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 8. Ithas complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304, 9. Ithas a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, and 10.It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). GROUP 20.PAUL S. SARBANES TRANSIT IN PARKS PROGRAM Before FTA may provide funding for your Applicant’s Project under the Paul S. Sarbanes Transit in Parks Program, former 49 U.S.C. 5320, in effect in FY 2012 or a previous fiscal year for your Applicant’s Project, except as superseded by MAP-21 requirements that apply, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 20, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 20 that does not apply will not be enforced. 1. The following Certifications and Assurances for the Paul S. Sarbanes Transit in Parks Program (Parks Program) are required by former 49 U.S.C. 5320 in effect in FY 2012 or a previous fiscal year,except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. Itwill consult with the appropriate Federal land management agency during the planning process, and b.The requirements of former 49 U.S.C. 5307, as determined by FTA, will apply to the Parks Program, authorized by former 49 U.S.C. 5320, and 2. FTA hasdetermined certain requirements of former 49 U.S.C. 5307 to be appropriate for the Parks Program, of which some require Certifications. Therefore as specified under former 49 U.S.C. 5307(d)(1) except as superseded by MAP-21 cross-cutting requirements that apply, you certify that: a. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): (1) Legal capacity, (2) Financial capacity,and FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) Technical capacity, b. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, c. Itwill maintain the Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5320, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and (6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, f. Ithas complied or will comply with the requirements of former 49 U.S.C. 5307(c). Specifically, it: (1) Has made or will make available to the public information on the amounts available for the Parks Program, former 49 U.S.C. 5320, and the Projects it proposes to undertake, (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, Projects to be financed, (3) Has published or will publish a list of proposed Projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed Projects and submit comments on the proposed Projects and its performance, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed Projects, (5) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of Projects, and (6) Has made or will make the final list of Projects available to the public, g. It: (1) Has or will have the amount of funds required for the local share, (2) Will provide the local share funds from sources approved by FTA, and (3) Will provide the local share funds when needed, h. Ithas complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304, and i. Ithas a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation. GROUP 21. STATE SAFETY OVERSIGHT GRANT PROGRAM. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding for your Applicant’s Project under the State Safety Oversight Grant Program, 49 U.S.C. 5329(e), as amended by MAP-21, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 21, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 21 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Itwill maintain its Project equipment and facilities adequately, 4. When carrying out a procurement for its Project, it will comply with the: a. The Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments, 49 C.F.R. part 18, b. General Provisions of 49 U.S.C. 5323, and c. Third Party Contract Requirements of 49 U.S.C. 5325, 5. As required by 49 U.S.C. 5329(e)(6)(C), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds only from sources approved by FTA, and will not be met by: (1) Any Federal funds, (2) Any funds received from a public transportation agency, or (3) Any revenues earned by a public transportation agency, and c. Will provide the local share funds when needed, 6. It meets the applicable requirements of 49 C.F.R. part 659, Rail Fixed Guideway Systems:State Safety Oversight, and 7. It has received or will receive an FTA certification upon a determination that its State Safety Oversight Program meets the requirements of 49 U.S.C. 5329(e) and is adequate to promote the purposes of 49 U.S.C. 5329. GROUP 22. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding for your Applicant’s Project under the Public Transportation Emergency Relief Program, 49 U.S.C. 5324, as amended by MAP-21, in addition to other Certifications and Assurances you must select on itsbehalf, you must also select the Assurance in Group 22, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Assurance in Group 22 that does not apply will not be enforced. As required by 49 U.S.C. 5324(d), on behalf of your Applicant, you assure that it will comply with the requirements of the Certifications and Assurances as FTA determines will apply to an Applicant for funding appropriated or made available for the Public Transportation Emergency Relief Program. GROUP 23. EXPEDITED PROJECT DELIVERY PILOT PROGRAM. Before FTA may provide funding for your Applicant’s Project under the Expedited Project Delivery Pilot Program, section 20008(b)(5)(D) of MAP-21, in addition to other Certifications and Assurances you must select on itsbehalf, you must also select the Certification in Group 23, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. To the extent that the Certification in Group 23 does not apply, it will not be enforced. On behalf of your Applicant, you certify that itsexisting public transportation system or the public transportation system that is the subject of the Project is in a state of good repair, as required by section 20008(b)(5)(D) of MAP-21. GROUP 24.INFRASTRUCTURE FINANCE PROGRAMS. The Certifications in Group 24 apply to the following programs: FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 24.A. The Transportation Infrastructure Finance and Innovation Act (TIFIA) Program, 23 U.S.C. 601-609, except as superseded by MAP-21 cross-cutting requirements that apply, and 24.B. The State Infrastructure Banks (SIB) Program, 23 U.S.C. 610, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide credit assistance under TIFIA for your Applicant’s Project or funding for your Applicant to deposit in a SIB, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 24, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 24 that does not apply will not be enforced. 24.A.Transportation Infrastructure Finance and Innovation Act (TIFIA) Program. If your Applicant seeks FTA funding for its Project under the TIFIA Program, the Certifications and Assurances in Group 24.A applies to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify and assure, as required by 49 U.S.C. 5323(o), that Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, apply to any Project under 49 U.S.C. chapter 53 that receives TIFIA credit assistance under 23 U.S.C. 601 – 609. 1. Tocomply with 49 U.S.C. 5307, specifically 49 U.S.C. 5307(d)(1), on itsbehalf, you certifythat: a. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, c. Itwill maintain its Project equipment and facilities adequately, d. Itwill ensure that when, during non-peak hours for transportation using or involving a facility or equipment of a TIFIA-financed Project, a fare that is not FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES more than fifty (50)percent of the peak hour fare will be charged to the following individuals: (1) A senior, (2) An individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, or (3) Any individual presenting a Medicare card issued to that individual under titleII of the Social Security Act (42 U.S.C. 401 etseq.), and (4) Any individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e.When carrying out a TIFIA-funded procurement, it will comply with: (1) 49 U.S.C. 5323, and (2) 49 U.S.C. 5325, f.Ithas complied with or will comply with 49 U.S.C. 5307(b), because it: (1) Has made or will make available to the public information on amounts of its TIFIA funding request(s), (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, (3) Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, (5) Has ensured or will ensure that the proposed Program of Projects provides for coordination of public transportation services fundedby FTA under 49 U.S.C. 5336 and U.S. DOT under TIFIA with federally funded transportation services supported by other United States Government sources, (6) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and (7) Has made or will make the final Program of Projects available to the public, g.It: (1) Has or will have at least (twenty) 20percent of the TIFIA net Project costs required for the local share, (2) Will provide the local share funds from sources approved by FTA, and (3) Will provide the local share funds when needed, h.Itwill comply with: (1) The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and (2) The Statewide and Nonmetropolitan Planning requirements of 49 U.S.C. 5304, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES i.Ithas a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation, and j. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d), 2. To comply with the interest and financing costs restrictions of 49 U.S.C. chapter 53, it agrees that it will not seek reimbursement for interest and other financing costs incurred in connection with itsProject that must be in compliance with those requirements unless: a. It is eligible to receive Federal funding for those expenses, and b.Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 4. The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 5321 et seq., and will receive an environmental categorical exclusion, a finding of no significant impact, or a record of decision under NEPA for its Project prior to obligation of funds, and 5. Itagrees that it will adopt a transit asset management plan that complies with regulations implementing 49 U.S.C. 5326(d), when required. 24.B.State Infrastructure Banks (SIB) Program. If your Applicant is a State and seeks FTA funding under the SIB Program to deposit in its SIB, the Certifications and Assurances in Group 24.B applies to your State and its Project, except as FTA determines otherwise in writing. On behalf of the State organization serving as your Applicant for funding for its SIB Program, you certify and assure that: 1. Itwill comply with the following applicable Federal laws establishing the various SIB programs since 1995: a. 23 U.S.C. 610, as amended by MAP-21, b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or d. Section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181, 2. Itwill comply with or follow the Cooperative Agreement establishing the State’s SIB program between: a. Itand FHWA, FRA, and FTA, or b. Itand FHWA and FTA, 3. Itwill comply with or follow the Grant Agreement that provides FTA funding for the SIB and is between itand FTA,including the FTA Master Agreement, which is incorporated by reference into the Grant Agreement, except that any provision of the FTA Master Agreement incorporated by reference into that Grant Agreement will not apply if it conflicts with any provision of: a. 23 U.S.C. 610, as amended by MAP-21, FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181 note, d. Federal guidance pertaining to the SIB Program, e. The Cooperative Agreement establishing the State’s SIB Program, or f. The FTA Grant Agreement, 4. As required by 49 U.S.C. 5323(o), Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, as amended by MAP-21, apply to any Project under 49 U.S.C. chapter 53 that receives SIB support or financing under 23 U.S.C. 610 (or any support from 23 U.S.C. 601 – 609), 5. As required by 49 U.S.C. 5323(o) and 49 U.S.C. 5307(d)(1): a. Ithas or will have the following to carry out its proposed Project(s), including the safety and security aspects of those proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. Ithas or will have satisfactory continuing control over the use of Project equipment and facilities, c. Itwill maintain its Project equipment and facilities adequately, d. Itwill ensure that when, during non-peak hours for transportation using or involving a facility or equipment of a SIB-financed Project, a fare that is not more than fifty (50) percent of the peak hour fare will be charged to the following individuals: (1) A senior, (2) An individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, (3) An individual presenting a Medicare card issued tothat individual under titleII of the Social Security Act (42 U.S.C. 401 etseq.), or (4) An individual presenting a Medicare card issued to that individual under titleXVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e. When carrying out a procurement under a SIB-financed Project,it will comply with the: (1) General Provisions of 49 U.S.C. 5323, and (2) Third Party Contract Provisions of 49 U.S.C. 5325, f. Ithas complied with or will comply with 49 U.S.C. 5307(b), because it: (1) Has made or will make available to the public information on amounts of its funding requested under the SIB program, (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, (3) Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, (5) Has ensured or will ensure that the proposed Program of Projects provide for coordination of public transportation services funded by FTA under 49 U.S.C. 5336 and the SIB Program with federally funded transportation services supported by other United States Government sources, (6) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and (7) Has made or will make the final Program of Projects available to the public, g. It: (1) Has or will have the amount of funds required for the local share by the SIB Program, but not less than twenty-five (25) percent of each capitalization grant, (2) Will provide the local share funds from sources approved by FTA, and (3) Will provide the local share funds when needed, h. Itwill comply with the: (1) The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and (2) The Statewide and Nonmetropolitan Planning requirements of 49 U.S.C. 5304, i.Ithas a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation, and j. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d), 2. As required by 49 U.S.C. chapter 53, it certifies that it will not seek reimbursement for interest and other financing costs incurred in connection with itsProject unless: a. It is eligible to receive Federal funding for those expenses, and b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require, and 3. It agrees that it will adopt a transit asset management plan that complies with regulations implementing 49 U.S.C. 5326(d). Selection and Signature Page(s) follow. FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES FEDERAL FISCAL YEAR 2014 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE JRcauired of all Applicants for FTA funding and all FTA Grantees with an active Capital or Formula Project) AFFIRMATION OF APPLICANT Name of the Applicant: City of Pueblo Name and Relationship of the Authorized Representative: Sandra K. Daff, President of City Council BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all Federal statutes and regulations, and follow applicable Federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2014, irrespective of whether the individual that acted on his or her Applicant's behalf continues to represent it. FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document should apply to each Project for which it seeks now, or may later seek FTA funding during Federal Fiscal Year 2014. . The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements mad- : y me on behalf of the Ap . ' : t .. • e and accurate: AN Signature d/. / ILL 4 �I . ,L....1 / Date: February 10, 2014 Name Sandra K. Daff, President of \.City Council Authorized Representative of Applicant \ AFFIRMATION OF APPLICANT'S ATTORNEY For(NameofApplicant): City of Pueblo As the undersigned Attorney for the above named Applicant, I hereby affinn to the Applicant that it has authority under State, local, or tribal government law, as applicable, 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 it. I further affirm 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 its FTA Project or Projects. -� /� Signature , %cii' �V(�'r " *1''= m 1.4d=4J Date: February 10, 2014 Name ) 1 C • / V 6 '.'')• Attorney for Applicant Each Applicant for FTA funding and each FTA Grantee with an active Capital or Formula Project must provide an Affirmation of Applicant's Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney's signature, provided the Applicant has on file this Affirmation, signed by the attorney and dated this Federal fiscal year.