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SFY 2005 Community Transportation Program
<br />State NCDOT Certifications and Assurances
<br />Specifically, during the period in which State assistance is extended to the project, or project
<br />property is used for a purpose for which the State assistance is extended or for another purpose
<br />involving the provision of similar services or benefits, or as long as the Applicant retains
<br />ownership or possession of the project property, whichever is longer, the Applicant assures that:
<br />(1) Each project will be conducted, property acquisitions will be undertaken, and project
<br />facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 5332
<br />and 49 CFR part 21, and understands that this assurance extends to its entire facility and to
<br />facilities operated in connection with the project.
<br />(2) It will promptly take the necessary actions to effectuate this assurance, including notifying
<br />the public that complaints of discrimination in the provision oftransportation-related services
<br />or benefits maybe filed with U.S. DOT or NCDOT. Upon request by NCDOT, or U.S. DOT
<br />the Applicant assures that it will submit the required information pertaining to its compliance
<br />with these requirements.
<br />(3) It will include in each sub-agreement, property transfer agreement, third party contract, third
<br />party subcontract, or participation agreement adequate provisions to extend the requirements
<br />of 49 U.S.C. 5332 and 49 CFR part 21 to other parties involved therein including any
<br />subrecipient, transferee, third party contractor, third party subcontractor at any level,
<br />successor in interest, or any other participant in the project.
<br />(4) Should it transfer real property, structures, or improvements financed with State assistance
<br />provided by NCDOT to another party, any deeds and instruments recording the transfer of
<br />that property shall contain a covenant running with the land assuring nondiscrimination for
<br />the period during which the property is used for a purpose for which State is extended or for
<br />another purpose involving the provision of similar services or benefits.
<br />(5) The United States has a right to seek judicial enforcement with regard to any matter arising
<br />under the Act, regulations, and this assurance.
<br />(6) It will make any changes in its 49 U.S.C. 5332 and Title VI implementing procedures as U.S.
<br />DOT or NCDOT may request.
<br />F. Assurance of Nondiscrimination on the Basis of Disability
<br />As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs
<br />and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the
<br />Applicant assures that, as a condition to the approval or extension of any Federal assistance
<br />awarded by FTA to construct any facility, obtain any rolling stock or other equipment, undertake
<br />studies, conduct research, or to participate in or obtain any benefit from any program
<br />administered by FTA, no otherwise qualified person with a disability shall be, solely by reason
<br />of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to
<br />discrimination in any program or activity receiving or benefiting from State assistance by the
<br />NCDOT or any entity within U.S. DOT. The Applicant assures that project implementation and
<br />operations so assisted will comply with all applicable requirements of U.S. DOT regulations
<br />implementing the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., and the
<br />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 applicable
<br />regulations and directives issued by other Federal departments or agencies.
<br />G. Procurement Compliance Certification
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