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State Fiscal Year 2011 Community Transportation Programs
<br />Federal and State Assistance Certifications and Assurance
<br />• a purpose for which the Federal assistance is extended or for another purpose involving the provision of
<br />similar services or benefits.
<br />(5) The United States has a right to seek judicial enforcement with regard to any matter arising under Title VI of
<br />the Civil Rights Act, U.S. DOT implementing regulations, and this assurance.
<br />(6) It will make any changes in its Title VI implementing procedures as U.S. DOT or FTA may request to achieve
<br />compliance with the requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49
<br />CFR part 21.
<br />E. Assurance of Nondiscrimination on the Basis of Disability
<br />As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities
<br />Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Applicant assures that, as a
<br />condition to the approval or extension of any Federal assistance awarded by FTA to construct any facility, obtain
<br />any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit
<br />from any program administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of
<br />that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any
<br />program or activity receiving or benefiting from Federal assistance administered by the FTA or any entity within
<br />U.S. DOT. The Applicant assures that project implementation and operations so assisted will comply with all
<br />applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29
<br />U.S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., and
<br />implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any other applicable Federal laws that may
<br />be enacted or Federal regulations that may be promulgated.
<br />F. U.S. Office of Management and Budget (OMB) Assurances
<br />Consistent with OMB assurances set forth in SF-424B and SF-424D, the Applicant assures that, with respect to
<br />itself or its project, the Applicant:
<br />• (1) Has the legal authority to apply for Federal assistance and the institutional, managerial, and financial
<br /> capability (including funds sufficient to pay the non-Federal share of project cost) to assure proper planning,
<br /> management, and completion bf the project described in its application;
<br />(2) Will give FTA, the Comptroller General of the United States, and, if appropriate, the State, through any
<br /> authorized representative, access to and the right to examine all records, books, papers, or documents related to
<br /> the awazd; and will establish a proper accounting system in accordance with generally accepted accounting
<br /> standards or agency directives;
<br />(3) Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
<br /> presents the appearance of personal or organizational conflict of interest or personal gain;
<br />(4) Will initiate and complete the work within the applicable project time periods following receipt of FTA
<br /> approval;
<br />(5) Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to:
<br /> (a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race,
<br /> color, or national origin;
<br /> (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1b83, and 1685
<br /> through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs
<br /> or Activities Receiving Federal Financial Assistance," 49 CFR part 25, which prohibit discrimination on
<br /> the basis of sex;
<br /> (c) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits
<br /> discrimination on the basis of disability;
<br /> (d) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which prohibits
<br /> discrimination on the basis of age;
<br /> (e) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., relating to
<br /> nondiscrimination on the basis of drug abuse;
<br /> (f) The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.C.
<br /> 4541 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
<br /> (g) The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd through 290dd-2., relating to
<br />• confidentiality of alcohol and drug abuse patient records;
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