Orange County NC Website
18 <br />State Fiscal Year 2013 Public Transportation Programs <br />Federal and State Assistance Certifications and Assurances <br />15. ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES <br />FORMULA GRANT PROGRAM AND PILOT PROGRAM <br />The North Carolina Department of Transportation (NCDOT) administers the Elderly Individuals and Individuals <br />with 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 cert~cations 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 />The following certifications and assurances apply to each State or State organization (NCDOT) serving as Applicant <br />for funding and each Subrecipient of funding under the Elderly Individuals and Individuals with Disabilities <br />Formula Grant Program authorized under 49 U.S.C. 5310, and the Elderly Individuals and Individuals with <br />Disabilities Pilot Program authorized under subsection 3012(b) of SAFETEA-LU. <br />1. NCDOT assures and requires each Applicant (Subrecipient) to assure that: <br />a. Each Subrecipient is: <br />(1) Recognized under State law as a private nonprofit organization with the legal capability to contract <br />with the State to carry out the proposed project, or <br />(2) A public body that has met the statutory requirements to receive Federal funding authorized for 49 <br />U.S.C. 5310, <br />b. NCDOT can conclude from information in a private nonprofit Subrecipient's application for 49 U.S.C. <br />5310 funding that: <br />(1) The transit service provided or offered to be provided by existing public or private transit operators <br />cannot meet the special needs of elderly individuals and individuals with disabilities, because it is: <br />(a) Unavailable, <br />(b) Insufficient, or <br />(c) Inappropriate, <br />c. As required by 49 U.S.C. 5310(d)(2)(A) and subsection 3012(b)(2) of SAFETEA-LU, NCDOT certifies <br />and the Subrecipient agrees that, before it transfers funds to a project funded under 49 U.S.C. 5336, the <br />project has been or will have been coordinated with private nonprofit providers of services under 49 <br />U.S.C. 5310, <br />d. As required by 49 U.S.C. 5310(d)(2)(C), NCDOT certifies and the Subrecipient agrees that allocations to <br />Subrecipients 49 U.S.C. 5310 funding or subsection 3012(b) funding will be distributed on a fair and <br />equitable basis, and <br />e. As required by 49 U.S.C. 5310(d)(2)(B) and subsection 3012(b)(2) of SAFETEA-LU, NCDOT certifies <br />and the Subrecipient agrees that: <br />(1) The projects NCDOT has selected or will select for funding under that program were derived from a <br />public transit-human services transportation plan that has been: <br />(a) Locally developed, and <br />(b) Coordinated, and <br />(2) That locally developed, coordinated plan was produced through a process that included: <br />(a) Representatives of public, private, and nonprofit transportation providers, <br />(b) Representatives of public, private, and nonprofit human services providers, and <br />(c) Participation by the public. <br />As permitted by 49 U.S.C. 5310(d), the Federal Transit Administrator has selected certain requirements of 49 <br />U.S.C. 5307 to be appropriate for the Elderly Individuals and Individuals with Disabilities Formula Grant <br />Program authorized by 49 U.S.C. 5310, and the Elderly Individuals and Individuals with Disabilities Pilot <br />Program authorized by subsection 3012(b) of SAFETEA-LU, 49 U.S.C. 5310 note, of which some require <br />certifications. Therefore, as specified under 49 U.S.C. 5307(d)(1), NCDOT certifies and the Subrecipient <br />agrees that: <br />a. As required by 49 U.S.C. 5307(d)(1)(A), NCDOT and each Subrecipient has or will have the: <br />(1) Legal capacity to carry out its proposed projects, <br />(2) Financial capacity to carry out its proposed projects, <br />(3) Technical capacity to carry out its proposed projects, <br />(4) Safety aspects of its proposed projects, and <br />15 <br />