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State Fiscal Yeaz 2012 Community Transportation Programs <br />Federal and State Assistance Certifications and Assurance <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 nQn-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 MISUSE AND PROHIBITED DRUG USE <br />If an Applicant is required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit <br />Operations, " at 49 CFR part 655, 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. <br />13. INTELLIGENT TRANSPORTATION SYSTEMS <br />An Applicant for State or (FTA) Federal assistance for an Intelligent Transportation Systems (ITS) project, defined <br />as arty project that in whole or in part finances the acquisition of technologies or systems of technologies that <br />provide or significantly contribute to the provision of one or more ITS user services as defined in the `National ITS <br />Architecture, " is requested to provide the following assurance. NCDOT strongly encourages arty Applicant for State <br />or (FTA) Federal ftnancial assistance to support an ITS project to provide this assurance by selecting Category <br />"13. "An Applicant for NCDOT or FTA assistance for an ITSproject that fails to provide this assurance, without <br />providing other documentation assuring the Applicant's commitment to comply with. applicable State andlor Federal <br />-- ITS standards -and protocols, may be determined ineligible for award of StatelFederal assistance for the ITS project. <br />As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project <br />that in whole or in part finances the acquisition of technologies or systems of technologies that provide or <br />significantly contribute to the provision of one or more ITS user services as defined in the "National ITS <br />Architecture." <br />A. As provided in subsection 5307(c) of SAFETEA-LU, 23 U.S.C. 512 note, apart from certain exceptions, <br />"intelligent transportation system projects carried out using funds made available from the Highway Trust <br />Fund, including funds made available under this subtitle to deploy intelligent transportation system <br />technologies, [shall] conform to the national architecture, applicable standards or provisional standards, and <br />protocols developed under subsection (a) [of section 5307 of SAFETEA-LU]." To facilitate compliance with <br />section 5307(c) of SAFETEA-LU, 23 U.S.C. 512 note, the Applicant assures it will comply with all applicable <br />13 <br />10 <br />