S Grant North Carolina Community Transportation Program (CTP) Administrative Grant Application for FY 2004/2005

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SFY 2005 Community Transportation Program State NCDOT Certifications and Assurances C. Debarment, Suspension, and Other Responsibility Matters for Primary Covered Transactions Until new Federal Debarment and Suspension regulations are promulgated that discontinue the current requirement for the Debarment and Suspension certification, U.S. DOT regulations regarding Goverrunent_wide Debarment and Suspension (Non-procurement) at 49 CFR 29.510 require the following certification: (1) The Applicant (Primary Participant) certifies, to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not, within a three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) transaction or contract under a public transaction, violation of Federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, state, or local) with commission of any of the offenses listed in subparagraph (1)(b) of this certification; and (d) Have not within athree-year period preceding this certification had one or more public transactions (Federal, state, or local) terminated for cause or default. (2) The Applicant also certifies that, if it later becomes aware of any information contradicting the statements of paragraph (1) above, it will promptly provide that information to NCDOT. (3) If the Applicant (Primary Participant) is unable to certify to all statements in paragraphs (1) and (2) of this certification, it shall indicate so in its applications, or in the transmittal letter or message accompanying its annual certifications and assurances, and provide a written explanation to NCDOT. D. Drug-Free Workplace Agreement Until new U.S. DOT Drug-Free Workplace regulations that rescind the requirement for aDrug- Free Workplace certification are promulgated, U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants)," 49 CFR part 29, at Subpart F, as amended by 41 U.S.C. 702, require as follows: The Applicant agrees that it will provide adrug-free workplace by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against its employees for violation of that prohibition; (2) Establishing an ongoing drug-free awareness program to inform its employees about: (a) The dangers of drug abuse in the workplace; (b) Its policy ofmaintaining adrug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that maybe imposed upon its employees for drug abuse violations occurring in the workplace; 2