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State Fiscal Year 2012 Community Transportation Programs <br />Federal and State Assistance Certifications and Assurance <br />15. ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES <br />FORMULA GRANT PROGRAM AND PILOT PROGRAM <br />The North Carolina Department of Transportation administers the Elderly Individuals and Individuals with <br />Disabilities Formula Program and, if applicable, the Elderly Individuals and Individuals with Disabilities Pilot <br />Program on behalf of itself and its Subrecipients and is required to provide the following certifications on behalf of <br />itself and each Subrecipient. NCDOT may not award assistance for the Elderly Individuals and Individuals with <br />Disabilities Formula Program or the Elderly Individuals and Individuals with Disabilities Pilot Program until the <br />Applicant provides these certifications by selecting Category "1 S. " <br />A. As required by 49 U.S.C. 5310(d), which makes the requirements of 49 U.S.C: 5307 applicable to the Elderly <br />Individuals and Individuals with Disabilities Formula Grant Program to the extent that the Federal Transit <br />Administrator or his or her designee determines appropriate, and 49 U.S.C. 5307(d)(1), the State or State <br />organization serving as the Applicant (State) and that administers, on behalf of the State, the Elderly <br />Individuals and Individuals with Disabilities Program authorized by 49 U.S.C. 5310, and, if applicable, the <br />Elderly Individuals and Individuals with Disabilities Pilot Program authorized by subsection 3012(b) of <br />SAFETEA-LU, 49 U.S.C. 5310 note, certifies and assures on behalf of itself and its subrecipients as follows: <br />(1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal, financial, and <br />technical capacity to carry out its proposed program of projects, including the safety and security aspects <br />of that program; <br />(2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory continuing <br />control over the use of project equipment and facilities; <br />(3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the project <br />equipment and facilities; <br />(4) In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a procurement financed with <br />Federal assistance authorized under 49 U.S.C. 5310 or subsection 3012(b) of SAFETEA-LU: (1) will use <br />competitive procurement (as defined or approved by FTA), (2) will not use exclusionary or <br />discriminatory specifications in its procurements, (3) will comply with applicable Buy America laws, <br />and (4) will comply with the general provisions for FTA assistance of 49 U.S.C. 5323 and the third party <br />procurement requirements of 49 U.S.C. 5325; <br />(5) The State has or will have available and will provide the amount of funds required by 49 U.S.C. 5310(c), <br />and if applicable by subsections 3012(b)(3) and (4) of SAFETEA-LU, for the local share, and that those <br />funds will be provided from approved non-Federal sources except as permitted by Federal law; and <br />(6) In compliance with 49 U.S.C. 5307(d)(1)(I17, the Applicant will comply with: (1) 49 U.S.C. 5301(a) <br />(requirements for public transportation systems that maximize the safe, secure, and efficient mobility of <br />individuals, minimize environmental impacts, and minimize transportation-related fuel consumption and <br />reliance on foreign oil); (2) 49 U.S.C. 5301(d) (special efforts to design and provide public transportation <br />for elderly individuals and individuals with disabilities); and (3) 49 U.S.C. 5303 through 5306 (planning <br />16 <br />and private enterprise requirements); <br />B. The State assures that each subrecipient either is recognized under State law as a private nonprofit organization <br />with the legal capability to contract with the State to carry out the proposed project, or is a public body that has <br />met the statutory requirements to receive Federal assistance authorized for 49 U.S.C. 5310. <br />C. The private nonprofit subrecipient's application for 49 U.S.C. 5310 assistance contains information from <br />which the State concludes that the transit service provided or offered to be provided by existing public or_ <br />- - ___ <br />__ <br />private transit operators is unavailable, insufficient, or inappropriate to meet the special needs of the elderly <br />and persons with disabilities. <br />D. In compliance with 49 U.S.C._ 5310(d)(2)(A) and section 3012(b)(2) of SAFETEA-LU, the State certifies that, <br />before it transfers funds to a project funded under 49 U.S.C. 5336, that project has been or will have been <br />coordinated with private nonprofit providers of services under 49 U.S.C. 5310; <br />E. )n compliance with 49 U.S.C. 5310(d)(2)(C), the State certifies that allocations to subrecipients of financial <br />assistance authorized under 49 U.S.C. 5310 or subsection 3012(b) of SAFETEA-LU will be distributed on a <br />fair and equitable basis; and <br />F. In compliance with 49 U.S.C. 5310(d)(2)(B) and subsection 3012(b)(2) of SAFETEA-LU, the State certifies <br />that: (1) projects it has selected or will select for assistance under that program were derived from a locally <br />developed, coordinated public transit-human services transportation plan; and (2) the plan was developed <br />13 <br />