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State Fiscal Year 2012 Community Transportation Programs ~ 9 <br />Federal and State Assistance Certifications and Assurance <br />D. In compliance with 49 U.S.C. 5316(g)(2), the Applicant certifies that, before it transfers fends to a project <br />funded under 49 U.S.C. 5336, that project has been or will have been coordinated with private nonprofit <br />providers of services; <br />E In compliance with 49 U.S.C. 5316(g)(3), the Applicant certifies that: (1) the projects it has selected or will <br />select for assistance under that program were derived from a locally developed, coordinated public transit- <br />human services transportation plan; and (2) the plan was developed through a process that included <br />representatives of public, private, and nonprofit transportation and human services providers and participation <br />by the public; and <br />F. In compliance with 49 U.S.C. 5316(c)(3), before the Applicant uses funding apportioned under 49 U.S.C. <br />5316(c)(1)(B) or (C) for projects serving an azea other than that specified in 49 U.S.C. 5316(2)(B) or (C), the <br />Applicant certifies that the chief executive officer of the State, or his or her designee will have certified to the <br />Federal Transit Administrator, apart from these certifications herein, that all of the objectives of 49 U.S.C. <br />5316 aze being met in the area from which such funding would be derived. <br />18. NEW FREEDOM PROGRAM <br />Each Applicant for New Freedom Program assistance authorized under 49 U.S.C. 5317 must provide the following <br />certifications. NCDOT may not award Federal assistance for the New Freedom Program until the Applicant <br />provides these certifications by selecting Category "18. " <br />A. As required by 49 U.S.C. 5317(e)(1), which makes the requirements of 49 U.S.C. 5310 applicable to New <br />Freedom grants to the extent the Federal Transit Administrator or his or her designee determines appropriate, <br />by 49 U.S.C. 5310(d)(1), which makes the requirements of 49 U.S.C. 5307 applicable to Elderly Individuals <br />and Individuals with Disabilities Formula grants to the extent the Federal Transit Administrator or his or her <br />designee determines appropriate, and by 49 U.S.C. 5307(d)(1), the Applicant for New Freedom Program <br />assistance authorized under 49 U.S.C. 5317 certifies and assures on behalf of itself and its subrecipients, if <br />any, as follows: <br />(1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal, fmancial, 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 fmanced with <br />Federal assistance authorized under 49 U.S.C. 5317: (1) will use competitive procurement (as defined or <br />approved by FTA), (2) will not use exclusionary or discriminatory specifications in its procurements, (3) <br />will comply with applicable Buy America laws, and (4) will comply with the general provisions for FTA <br />assistance of 49 U.S.C. 5323 and the third party procurement requirements of 49 U.S.C. 5325; <br />(5) The Applicant has or will have available and will provide the amount of funds required by 49 U.S.C. <br />5317(g) for the local share, and that those funds will be provided from approved non-Federal sources <br />except as permitted by Federal law; and <br />(6) In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with: (1) 49 U.S.C. 5301(a)__ __ <br />-_ <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 />and private enterprise requirements); <br />B. In compliance with 49 U.S.C. 5317(d), the Applicant certifies that (1) with respect to financial assistance <br />authorized under 49 U.S.C. 5317(c)(1)(A), it will conduct in cooperation with the appropriate MPO an <br />azeawide solicitation for applications, and make awards on a competitive basis and (2) with respect to financial <br />assistance authorized under 49 U.S.C. 5317(c)(1)(B) or financial assistance authorized under 49 U.S.C. <br />5317(c)(1)(C), it will conduct a statewide solicitation for applications, and make awazds on a competitive <br />basis; <br />16 <br />