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 (5) Security aspects of its proposed projects, b. As required by 49 U.S.C. 5307(d)(1)(B), NCDOT and each Subrecipient has or will have satisfactory continuing control over the use of project equipment and facilities, c. As required by 49 U.S.C. 5307(d)(1)(C), NCDOT and each Subrecipient will maintain the project equipment and facilities adequately, d. As required by 49 U.S.C. 5307(d)(1)(E), when carrying out a procurement under the Elderly Individuals and Individuals with Disabilities Formula Grant Program authorized by 49 U.S.C. 5310, or the Elderly Individuals and Individuals with Disabilities Pilot Program authorized by subsection 3012(b) of SAFETEA-LU, 49 U.S.C. 5310 note, NCDOT and each Subrecipient will: (1) Use competitive procurement (as defined or approved by FTA/NCDOT), (2) Not use exclusionary or discriminatory specifications in its procurements, (3) Comply with applicable Buy America laws, and (4) Comply with the general provisions for FTA programs of 49 U.S.C. 5323, and (5) Comply with the third party procurement requirements of 49 U.S.C. 5325, e. As required by 49 U.S.C. 5307(d)(1)(G), NCDOT and each Subrecipient: (1) Has or will have the amount of funds required for the local share, (a) As required by 49 U.S.C. 5310(c), and (b) Subsections 3012(b)(3) and (4) of SAFETEA-LU, if applicable, (2) Will provide the local share funds from approved non-Federal sources except as permitted by Federal law, and (3) .Will provide the local share funds when needed, and f. As required by 49 U.S.C. 5307(d)(1)(H), NCDOT and each Subrecipient will comply with: (1) The requirements of 49 U.S.C. 5301(a) for public transportation systems that: (a) Maximize the safe, secure, and efficient mobility of people, (b) Minimize environmental impacts, and (c) Minimize transportation-related fuel consumption and reliance on foreign oil, (2) The requirements of 49 U.S.C. 5301(d) for special efforts to: (a) Design public transportation for elderly individuals and individuals with disabilities, and (b) Provide public transportation for elderly individuals and individuals with disabilities, and (3) The requirements of 49 U.S.C. 5303 - 5306 for: (a) Metropolitan and State Planning, and (b) Private enterprise participation. 16. NONURBANIZED AREA FORMULA PROGRAM FOR STATES NCDOT s°equires each Applicant for Nonurbanized Area Formula Grant Program assistance authorized under 49 U.S.C. 5311 and State Assistance to provide the following certifications. NCDOT may not awaJ°d Federal assistance for the Nonurbanized Area Formula Grant Program or State assistance until the Applicant provides these certifications by selecting Category "16. " '(You) The Applicant itself is ultimately responsible for compliance with its certifications and assz~rances even though a subrecipient, lessee, third party contractor, or other participant may participate in that project, unless FTA/NCDOT determines otherwise in writing. Consequently, NCDOT strongly encourages you to take the appropriate measures including, but not limited to, obtaining szffdent documentation from each subrecipient, to assure the validity of all certifications and assurances you have made. The following certifications and assurances apply to each State or State organization (NCDOT) serving as the Applicant for funding under the Nonurbanized Area Formula Program authorized under 49 U.S.C. 5311. The Applicant assures and requires each Subrecipient to assure that: 1. It has or will have the necessary legal, financial, and managerial capability to: a. Apply, receive and disburse 49 U.S.C. 5311(c)(1) funding, and b. Carry out each project, including the: (1) Safety aspects of its proposed projects, and (2) Security aspects of its proposed projects, 2. It has or will have satisfactory continuing control over the use of project equipment and facilities, 16