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State Fiscal Year 2012 Community Transportation Programs 6
<br />Federal and State Assistance Certifications and Assurance
<br />(5) The United States has a right to seek judicial enforcement with regard to any matter arising under Title VI of
<br />the Civil Rights Act, U.S. DOT implementing regulations, and this assurance; and
<br />(6) It will make any changes in its Title VI implementing procedures as U.S. DOT or FTA may request to achieve
<br />compliance with the requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49
<br />CFR part 21.
<br />E. Assurance of Nondiscrimination on the Basis of Disability
<br />As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities
<br />Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the Applicant assures that, as a
<br />condition to the approval or extension of any Federal assistance awarded by FTA to construct any facility, obtain
<br />any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit
<br />from any program administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of
<br />that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any
<br />program or activity receiving or benefiting from Federal assistance administered by the FTA or any entity within
<br />U.S. DOT. The Applicant assures that project implementation and operations so assisted will comply with all
<br />applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29
<br />U.S.C. 794, et seq., and the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., and
<br />implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any other applicable Federal laws that may
<br />be enacted or Federal regulations that may be promulgated.
<br />F. Suspension and Debazment
<br />In accordance with the terms of U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 CFR Part
<br />1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (iI.S. OMB)
<br />"Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 CFR Part 180:
<br />(1) The Applicant (Primary Participant) certifies to the best of its knowledge and belief, that it and its principals,
<br />including its first tier subrecipients:
<br />(a) Are not presently debarred, suspended, proposed for debarment, declazed ineligible, or voluntarily
<br />excluded or disqualified from covered transactions by any Federal department or agency;
<br />(b) Have not within athree-yeaz period preceding its latest application or proposal been convicted of or had a
<br />civil judgment rendered against any of them for commission of fi-aud or a criminal offense in connection
<br />with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or
<br />contract under a public transaction; violation of any Federal or State antitrust statute; or commission of
<br />embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement,
<br />or receiving stolen property;
<br />(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
<br />(Federal, State, or local) with commission of any of the offenses listed in subpazagraph (1 xb) of this
<br />certification;
<br />(d) Have not within athree-yeaz period preceding this certification had one or more public transactions
<br />(Federal, State, or local) terminated for cause or default.
<br />(2) The Applicant (Primary Participant) certifies that it and its principals, including its first tier subrecipients, will
<br />treat each lower tier contract or lower tier subcontract under the Project that (a) equals or exceeds $25,000, (b)
<br />is for audit services, or (3) requires the consent of a Federal official, as a covered contract for purposes of 2
<br />CFR Part 1200 and 2 CFR Part 180, and will otherwise comply with the Federal requirements of 2 CFR Part -
<br />1200 and 2 CFR Part 180, and will assure that the each lower tier participant involved in the Project is not
<br />presently debazred, suspended, proposed for debarment, declazed ineligible, or voluntarily excluded or
<br />disqualified from participation in this transaction by any Federal department or agency;
<br />(3) The Applicant (Primary Participant) certifies that if, later, it or its principals, including any of its fast tier
<br />subrecipients, become aware of any information contradicting the statements of subparagraphs (1)(a) through
<br />(d) above, it will promptly provide any necessary information to FTA;
<br />(4) If the Applicant (Primary Participant) or any of its principals, including any of its first tier subrecipients or
<br />lower tier participants, is unable to certify to the statements within paragraphs (1), (2), and (3) above, the
<br />Applicant shall indicate so on its Signature Page or by attaching an additional Page to its Signature Page
<br />providing a written explanation to FTA.
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