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

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State Fiscal Year 2011 Community Transportation Programs Federal and State Assistance Certifications and Assurance • FEDERAL (FTA) AND STATE (NCDOT) CERTIFICATIONS AND ASSURANCES FOR COMMUNITY TRANSPORTATION PROGRAMS STATE FISCAL YEAR 2011 In accordance with 49 U.S.C. 5323(n), the following certifications and assurances have been compiled for North Carolina Community Transportation programs. North Carolina Department of Transportation (NCDOT) requires each Subrecipient of State Assistance and Federal Transit Administration (FTA) Federal assistance awarded to NCDOT to provide as marry certifications and assurances as needed for all programs for which the Subrecipient intends to seek FTA and NCDOT assistance during Federal Fiscal Year 2010. Eighteen (18) Categories of certifications and assurances are listed by numbers 01 through I8 in this document. NCDOT recommends that Subrecipients cert fy to all categories. NCDOT and the Subrecipient understand and agree that not every provision of these certiftcations and assurances will apply to every Subrecipient or every project for which NCDOT provides (FTA) Federal and (NCDOT~ State financial assistance through a Grant Agreement. The type ofproject and the section of the statute authorizing (FTA) Federal financial assistance and/or (NCDOT) State financial assistance for the project will determine which provisions apply. The terms of these cert f cations and assurances reflect applicable requirements of FTA's enabling legislation currently in effect. The Subrecipient also understands and agrees that these certifications and assurances are special pre-award requirements specifically prescribed by Federal law or regulation and do not encompass all Federal laws, regulations, and directives that may apply to the Subrecipient or its project. A comprehensive list of those Federal laws, regulations, and directives is contained in the current FTA Master Agreement MA(16) for Federal Fiscal Year 2010 at the FTA Web site http://www.fta.dot.gov/documents/16-Master.pdf. The certifications and assurances in this document have been streamlined to remove most provisions not covered by statutory or regulatory certification or assurance requirements. • Note that by an opinion of the North Carolina Attorney General's office, all Federal requirements have been passed down to State funded assistance. The Applicant must submit its certifications and assurances by completing and submitting the selection and signature pages at the end of this document: I) Certifications and Assurances selection page; 2) Affirmation of Applicant; and 3) Affirmation of Applicant's Attorney. Ol. ASSURANCES REQUIItED FOR EACH APPLICANT Each Subrecipient of FTA assistance awarded to NCDOT and each Subrecipient of State assistance must provide all assurances in this Category "01. " NCDOT may not award arty State or Federal assistance until the Applicant provides the following assurances by selecting Category "01. " A. Assurance of Authority of the Applicant and Its Representative The authorized representative of the Applicant and the attorney who sign these certifications, assurances, and agreements affum that both the Applicant and its authorized representative have adequate authority under applicable State, local, or Indian tribal law and regulations, and the Applicant's by-laws or internal rules to: (1) Execute and file the application for Federal assistance on behalf of the Applicant; (2) Execute and file the required certifications, assurances, and agreements on behalf of the Applicant binding the Applicant; and (3) Execute grant agreements and cooperative agreements with NCDOT on behalf of the Applicant.