Agenda - 03-03-2011 - 6a - Laserfiche WebLink

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State Fiscal Year 2012 Community Transportation Programs Federal and State Assistance Certifications and Assurance award of Federal assistance, or the extension, continuation, renewal, amendment, or modification of any Federal assistance agreement; (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 Form to Report Lobbying," in accordance with its instructions; and (3) The language of this certification shall be included in the award documents for all subawards 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(~(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 certification 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 ofpublic transportation or to operate public transportation equipment or facilities in competition with, or in addition to, transportation service provided by an existing private provider ofpublic transportation is required to provide the following certification. NCDOT may not award State or Federal assistance for such a project until the Applicant provides this certification by selecting Category "04. " 10 As required by 49 U.S.C. 5323(a)(1), the Applicant certifies that before it acquires the property or an interest in the property of a private provider ofpublic transportation or operates public transportation equipment or facilities in competition with, or in addition to, transportation service provided by an existing public transportation company, it has or will have: A. Determined that the assistance is essential to carrying out a program of projects as required by 49 U.S.C. 5303, - -- ---- -_ 5304, and 5306; B. Provided for the participation of private companies engaged in public transportation to the maximum extent feasible; and C. Paid just compensation under State or local law to the company for any franchise or property acquired. O5. PUBLIC HEARING An Applicant seeking State or Federal assistance authorized under 49 U.S.C. chapter 53 for a capital project that will substantially affect a community or a community's public transportation service is required to provide the following certification. NCDOT may not award State or Federal assistance for a capital project of that type until the Applicant provides this certification by selecting Category "O5. "