Agenda - 01-24-2012 - 7b - Laserfiche WebLink

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12 State Fiscal Year 2013 Public Transportation Programs Federal and State Assistance Certifications and Assurances (2) FederaVState loan, line of credit, loan guarantee, or loan insurance, and 3. It will include the language of this certification in the awazd documents for all subawazds at all tiers including, but not limited to: a. Subcontracts, b. Subgrants, c. Subagreements, and d. Third party contracts under a: (1) FederaUState grant or cooperative agreement, or (2) Federal/State loan, line of credit, loan guazantee, or loan insurance, and 4. It understands that: a. This certification is a material representation of fact that the FederaUState Government relies on, and b. It must submit this certification before the FederaUState Government may awazd funding for a transaction covered by 31 U.S.C. 1352, including a: (1) Federal/State grant or cooperative agreement, or (2) FederaUState loan, line of credit, loan guazantee, or loan insurance, and 5. It also understands that any person who does not file a required certification will 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 cert~cation 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 FederaUState laws and regulations in accordance with applicable FederaUState 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 provided by an existing private provider of public 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. " As required by 49 U.S.C. 5323(a)(1), the Applicant certifies that: 1. Before it: a. Acquires the property or an interest in the property of a private provider of public transportation, or b. Operates public transportation equipment or facilities: (1) In competition with transportation service provided by an existing public transportation company, or (2) In addition to transportation service provided by an existing public transportation company, 2. It has or will have: a. Determined that the funding 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.