RES-2010-022 Resolution for Community Transportation Program Funding Section 5311

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State Fiscal Year 2011 Community Transportation Programs 1 8 Federal and State Assistance Certifications and Assurance assistance authorized under 49 U.S.C. 5317 certifies and assures on behalf of,itself and its subrecipients, if • any, as follows: (1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal, fmancial, and technical capacity to carry out its proposed program of projects, including the safety and security aspects of that program; (2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory continuing control over the use of project equipment and facilities; (3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the project equipment and facilities; (4) In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a procurement financed with Federal assistance authorized under 49 U.S.C. 5317: (1) will use competitive procurement (as defined or approved by FTA), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA assistance of 49 U.S.C. 5323 and the third party procurement requirements of 49 U.S.C. 5325; (5) The Applicant has or will have available and will provide the amount of funds required by 49 U.S.C. 5317(g) for the local share, and that those funds will be provided from approved non-Federal sources . except as permitted by Federal law; and (6) In compliance with 49 U.S.C. 5307(d)(1)(IT), the Applicant will comply with: (1) 49 U.S.C. 5301(a) (requirements for public transportation systems that maximize the safe, secure, and efficient mobility of individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and reliance on foreign oil); (2) 49 U.S.C. 5301(d) (special efforts to design and provide public transportation for elderly individuals and individuals with disabilities); and (3) 49 U.S.C. 5303 through 5306 (planning and private enterprise requirements); B. In compliance with 49 U.S.C. 5317(d), the Applicant certifies that (1) with respect to fmancial assistance authorized under 49 U.S.C. 5317(c)(1)(A), it will conduct in cooperation with the appropriate MPO an areawide solicitation for applications, and make awards on a competitive basis and (2) with respect to fmancial assistance authorized under 49 U.S.C. 5317(c)(1)(B) or 49 U.S.C. 5317(c)(1)(C), it will conduct a statewide solicitation for applications, and make awards on a competitive basis; • C. In compliance with 49 U.S.C. 5317(f}(2), the Applicant certifies that, before it transfers funds to a project funded under 49 U.S.C. 5336, that project has been or will have been coordinated with private nonprofit providers of services; D. Incompliance with 49 U.S.C. 5317(e)(2), the Applicant certifies that any allocations to subrecipients of financial assistance authorized under 49 U.S.C. 5317 will be distributed on a fair and equitable basis; and E. In compliance with 49 U.S.C. 5317(f)(3), the Applicant certifies that: (1) projects it has selected or will select for assistance under that program were derived from a locally developed, coordinated public transit-human services transportation plan; and (2) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and through participation by the public. 18. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION VEHICLE USE The Applicant agrees that all vehicles purchased with State and/or Federal funds, including existing vehicles and any vehicles purchased in the future, shall only be used for the provision ofpublic transportation services (Revenue). Staff members shall not use arty vehicles purchased with State and/or Federal funds for other purposes including administrative. ## Selection and Signature Page(s) follow • 14