RES-2012-008 Resolution authorizing the submission of grant application for the Community Transportation Program for FY 2013

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State Fiscal Year 2013 Public Transportation Programs Federal and State Assistance Certifications and Assurances 15. ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES FORMULA GRANT PROGRAM AND PILOT PROGRAM The North Carolina Department of Transportation (NCDOT) administers the Elderly Individuals and Individuals with Disabilities Formula Program and, if applicable, the Elderly Individuals and Individuals with Disabilities Pilot Program on behalf of itself and its Subrecipients and is required to provide the following certifications on behalf of itself and each Subrecipient. NCDOT may not awa~~d assistance for the Elderly Individuals and Individuals with Disabilities Formula Program or the Elderly Individuals and Individuals with Disabilities Pilot Program until the Applicant provides these certifications by selecting Category "I5. " The following certifications and assurances apply to each State or State organization (NCDOT) serving as Applicant for funding and each Subrecipient of funding under the Elderly Individuals and Individuals with Disabilities Formula Grant Program authorized under 49 U.S.C. 5310, and the Elderly Individuals and Individuals with Disabilities Pilot Program authorized under subsection 3012(b) of SAFETEA-LU. 1. NCDOT assures and requires each Applicant (Subrecipient) to assure that: a. Each Subrecipient is: (1) Recognized under State law as a private nonprofit organization with the legal capability to contract with the Statc to carry out the proposed project, or (2) A public body that has met the statutory requirements to receive Federal funding authorized for 49 U.S.C. 5310, b. NCDOT can conclude from information in a private nonprofit Subrecipient's application for 49 U.S.C. 5310 funding that: (1) The transit service provided or offered to be provided by existing public or private transit operators cannot meet the special needs of elderly individuals and individuals with disabilities, because it is: (a) Unavailable, (b) Insufficient, or (c) Inappropriate, c. As required by 49 U.S.C. 5310(d)(2)(A) and subsection 3012(b)(2) of SAFETEA-LU, NCDOT certifies and the Subrecipient agrees that, before it transfers funds to a project funded under 49 U.S.C. 5336, the project has been or will have been coordinated with private nonprofit providers of services under 49 U.S.C. 5310, d. As required by 49 U.S.C. 5310(d)(2)(C), NCDOT certifies and the Subrecipient agrees that allocations to Subrecipients 49 U.S.C. 5310 funding or subsection 3012(b) funding will be distributed on a fair and equitable basis, and e. As required by 49 U.S.C. 5310(d)(2)(B) and subsection 3012(b)(2) of SAFETEA-LU, NCDOT certifies and the Subrecipient agrees that: (1) The projects NCDOT has selected or will select for funding under that program were derived from a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, and (2) That locally developed, coordinated plan was produced through a process that included: (a) Representatives of public, private, and nonprofit transportation providers, (b) Representatives of public, private, and nonprofit human services providers, and (c) Participation by the public. 2. As permitted by 49 U.S.C. 5310(d), the Federal Transit Administrator has selected certain requirements of 49 U.S.C. 5307 to be appropriate for the Elderly Individuals and Individuals with Disabilities Formula Grant Program authorized by 49 U.S.C. 5310, and the Elderly Individuals and Individuals with Disabilities Pilot Program authorized by subsection 3012(b) of SAFETEA-LU, 49 U.S.C. 5310 note, of which some require certifications. Therefore, as specified under 49 U.S.C. 5307(d)(1), NCDOT certifies and the Subrecipient agrees that: a. As required by 49 U.S.C. 5307(d)(1)(A), NCDOT and each Subrecipient has or will have the: (1) Legal capacity to carry out its proposed projects, (2) Financial capacity to carry out its proposed projects, (3) Technical capacity to carry out its proposed projects, (4) Safety aspects of its proposed projects, and 15