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