2016-207 OPT - FY2016 FTA Certifications and Assurances

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FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES 3. It will comply with or follow the Grant Agreement that provides federal assistance from FTA for the SIB and is between it and FTA, including the FTA Master Agreement,which is incorporated by reference into the Grant Agreement, except that any provision of the FTA Master Agreement incorporated by reference into that Grant Agreement will not apply if it conflicts with any provision of: a. 23 U.S.C. § 610, as amended by the FAST Act, b. 23 U.S.C. § 610 or its predecessor before the FAST Act was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. § 181 note, or section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. § 181 note, d. Federal guidance pertaining to the SIB Program, e. The Cooperative Agreement establishing the state's SIB Program, or f. The Grant Agreement with FTA. 4. As required by 49 U.S.C. § 5323(0), federal transit laws, specifically 49 U.S.C. § 5307, 49 U.S.C. § 5309, and 49 U.S.C. § 5337, as amended by the FAST Act, apply to any Award under 49 U.S.C. chapter 53 that receives SIB support or financing under 23 U.S.C. § 610 (or any support from 23 U.S.C. §§ 601 —609). 5. As required by 49 U.S.C. § 5323(0)and 49 U.S.C. § 5307(c)(1): a. It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. b. It has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award. c. It will maintain its equipment and facilities acquired or improved under its Award, in accordance with the recipient's transit asset management plan. d. When using or involving a facility or equipment acquired or improved with federal assistance under a SIB-financed Award during non-peak hours for transportation, it will ensure that the following individuals will be charged a fare not exceeding fifty(50)percent of the peak hour fare: (1) Any senior, (2) Any individual who,because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability(including an individual who is a wheelchair user or has semi-ambulatory capability), is unable to use a public transportation service or a public transportation facility effectively without special facilities,planning, or design, (3) Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act(42 U.S.C. § 401 et seq.), and (4) Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act(42 U.S.C. § 1395 et seq.). e. When carrying out a procurement under a SIB-financed Award, it will comply with: (1) The applicable general provisions of 49 U.S.C. § 5323, and (2) The applicable third party contract provisions of 49 U.S.C. § 5325. f. It has complied with or will comply with 49 U.S.C. § 5307(b). 45