RES-2010-022 Resolution for Community Transportation Program Funding Section 5311

Browse Search

State Fiscal Year 2011 Community Transportation Programs Federal and State Assistance Certifications and Assurance ~~ (18) Will have performed the financial and compliance audits as required by the Single Audit Act Amendments of • 1996, 31 U.S.C. 7501 et seq., OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," Revised, and the most recent applicable OMB A-133 Compliance Supplement provisions for the U.S. DOT; and (19) To the extent applicable, will comply with all applicable provisions of all other Federal laws or regulations, and follow Federal directives governing the project, except to the extent that FTA has expressly approved otherwise in writing. 02. LOBBYING CERTIFICATION An Applicant that submits an application to NCDOT for State or (FTA) Federal assistance exceeding $100, 000 is required to provide the following certification. NCDOT may not award State or Federal assistance exceeding $100, 000 until the Applicant provides this certification by selecting Category "02. " A. As required by 31 U.S.C. 1352 and U.S. DOT regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, the Applicant's authorized representative certifies to the' best of his or her lmowledge and belief that for each application to FTA for Federal assistance exceeding $100,000: (1) No Federal appropriated funds have been or will be paid by or on behalf of the Applicant to any person to influence or attempt to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regazding the awazd of Federal assistance, or the extension, continuation,. renewal, amendment, or modification of any Federal assistance agreement; and (2) If any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for Federal assistance, the Applicant assures that it will complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," Rev. 7-97; and (3) .The language of this certification shall be included in the awazd documents for all subawazds at all tiers • (including subcontracts, subgrants, subagreements, and contracts under grants, loans (including a line of credit), cooperative agreements, loan guarantees, and-loan insurance). B. The Applicant understands that this certification is a material representation of fact upon which reliance is placed by the Federal government and that submission of this certification is a prerequisite for providing Federal assistance for a transaction covered by 31 U.S.C. 1352. The Applicant also understands that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 03. PROCUREMENT COMPLIANCE In accordance with 49 CFR 18.36(p~(3)(ii), each Applicant that is a State, local, or Indian tribal government that submits an application to NCDOT for State or (FTA) Federal assistance to acquire property or services in support of its project is requested to provide the following certification by selecting Category "03. " NCDOT also requests other Applicants to provide the following certification. NCDOT may not provide State or Federal assistance to an applicant for State or Federal assistance, property or services in support of its project until the Applicant provides this cert~cation by selecting Category "03. " The Applicant certifies that its procurements and procurement system will comply with all applicable Federal laws and regulations in accordance with applicable Federal directives. 04. PROTECTIONS FOR PRIVATE TRANSPORTATION PROVIDERS Each Applicant that submits an application to NCDOT for State or Federal assistance authorized under 49 U.S.C. chapter 53 to acquire any property or an interest in the property of a private provider of public transportation or to • operate public transportation equipment or facilities in competition with, or in addition to, transportation service