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State Fiscal Year 2011 Community Transportation Programs
<br />Federal and State Assistance Certifications and Assurance
<br />• 10. SCHOOL TRANSPORTATION AGREEMENT
<br />An Applicant that is seeking State or Federal assistance authorized under 49 U.S.C. chapter 53 or under 23
<br />U.S.C.133 or 142 to acquire or operate public transportation facilities and equipment is required to enter into the
<br />following School Transportation Agreement. NCDOT may not provide State or Federal assistance authorized under
<br />49 U.S.C. chapter 53 or under 23 U.S.C.133 or 142 for such projects until the Applicant enters into this School
<br />Transportation Agreement by selecting Category "10. "
<br />A. As required by 49 U.S.C. 5323(fj and (g) and FTA regulations at 49 CFR 605.14, the Applicant understands
<br />and agrees that it and each subrecipient, lessee, third party contractor, or other participant in the project at any
<br />tier may engage in school transportation operations in competition with private school transportation operators
<br />that uses equipment or facilities acquired with Federal assistance authorized under the Federal transit laws or
<br />under 23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, "School Bus
<br />Operations," 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(f) or (g), the terms and conditions
<br />of which are incorporated herein by reference.
<br />B. The Applicant understands and agrees that:
<br />(1) The requirements of FTA regulations, "School Bus Operations," 49 CFR part 605, to the extent
<br />consistent with 49 U.S.C. 5323(f) or (g), will apply to any school transportation service it or its
<br />subrecipients, lessees, third party contractors, or other participants in the project provide,
<br />(2) The defmitions of FTA regulations, "School Bus Operations," 49 CFR part 605 will apply to this School
<br />Transportation Agreement, and
<br />(3) If there is a violation of this School Transportation Agreement, NCDOT will bar the Applicant,
<br />subrecipient, lessee, third party contractor, or other participant in the project that has violated this School
<br />Transportation Agreement from receiving State and/or Federal transit assistance in an amount NCDOT
<br />considers appropriate.
<br />• 11. DEMAND RESPONSIVE SERVICE
<br />An Applicant that operates demand responsive service and applies for State or Federal assistance authorized under
<br />49 U.S.C. chapter 53 to acquire non-rail public transportation vehicles is required to provide the following
<br />certification. NCDOT may not award State or Federal assistance authorized under 49 U.S.C. chapter 53 to an
<br />Applicant that operates demand responsive service to acquire non-rail public transportation vehicles until the
<br />Applicant provides this certification by selecting Category "11. "
<br />As required by U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," at 49 CFR
<br />37.77(d), the Applicant certifies that its demand responsive service offered to individuals with disabilities, including
<br />individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without
<br />disabilities. Viewed in its entirety, the Applicant's service for individuals with disabilities is provided in the most
<br />integrated setting feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service area,
<br />(4) hours and days of service, (5) restrictions on trip purpose, (6) availability of information and reservation
<br />capability, and (7) constraints on capacity or service availability.
<br />12. ALCOHOL NIISUSE AND PROHIBITED DRUG USE
<br />An Applicant is required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit
<br />Operations, " at 49 CFR part 65, to provide the following certification concerning its activities to prevent alcohol
<br />misuse and prohibited drug use in its public transportation operations. NCDOT may not provide State or Federal
<br />assistance to the Applicant until it provides this certification by selecting Category "12"
<br />As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," at
<br />49 CFR part 655, subpart I, the Applicant certifies that it has established and implemented an alcohol misuse and
<br />anti-drug program, and has complied with or will comply with all applicable requirements of FTA regulations,
<br />• "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 CFR part 655.
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