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11 <br /> Certifications and Assurances Fiscal Year 2021 <br /> (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental <br /> entity (Federal, State, or local)with commission of any offense described in paragraph <br /> (b) of this certification; <br /> (d) Has not,within the preceding three years, had one or more public transactions (Federal, <br /> State, or local)terminated for cause or default. <br /> 1.5. Coronavirus Response and Relief Supplemental Appropriations Act,2021, and <br /> CARES Act Funding. <br /> The applicant certifies that, to the maximum extent possible, and consistent with the <br /> Consolidated Appropriations Act, 2021 (Public Law 116-260): <br /> (a) Funds made available under title W of division M of the Consolidated.Appropriations <br /> Act, 2021 (Public Law 116--260), and in title XII of division B of the CARES Act(Public <br /> Law 116-136; 134 Stat. 599) shall be directed to payroll and operations of public transit <br /> (including payroll and expenses of private providers of public transportation); or <br /> (b) The applicant certifies that the applicant has not fiurloughed any employees. <br /> CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS <br /> This certification is required of each applicant under the Urbanized Area Formula Grants <br /> Program (49 U.S.C. §5307), each rail operator that is subject to FTA's state safety oversight <br /> programs, and each State that is required to draft and certify a public transportation agency <br /> safety plan on behalf of a small public transportation provider pursuant to 49 CFR§673,11(d). <br /> This certification is required by 49 CFR§ 673.13. <br /> This certification does not apply to any applicant that receives financial assistance from FTA <br /> exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S C. <br /> §5310), the Formula Grants for Rural Areas Program (49 U.S.C. §531.1), or combination of <br /> these two programs. <br /> If the applicant is an operator,the applicant certifies that it has established a public transportation <br /> agency safety plan meeting the requirements of 49 CFR Part 673. <br /> If the applicant is a State, the applicant certifies that: <br /> (a) It has drafted a public transportation agency safety plan for each small public <br /> transportation provider within the State,unless the small public transportation <br /> provider provided notification to the State that it was opting-out of the State-drafted <br /> plan and drafting its own public transportation agency safety plan; and <br /> (b) Each small public transportation provider within the state has a public transportation <br /> agency safety plan that has been approved by the provider's Accountable Executive <br /> 6 <br />