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State Fiscal Year 2014 Public Transportation Programs Federal and State Assistance Certifications and Assurances FEDERAL (FTA)AND STATE (NCDOT) CERTIFICATIONS AND ASSURANCES FOR PUBLIC TRANSPORTATION PROGRAMS - STATE FISCAL YEAR 2014 Before the North Carolina Department of Transportation (NCDOT) may award Federal and/or State transit assistance funds to support a public transportation Project, each Subrecipient must provide certain Certifications and Assurances required by Federal/State law or regulation. You must provide all Certifications and Assurances required to support applications for FTA/NCDOT funding during Federal fiscal year(FFY) 2013. We request that you read each Certification and Assurance carefully and select those that will apply to all Projects for which you might seek FTA/NCDOT funding. We can award FTA/NCDOT funding for your Project only if you provide adequate Certifications and Assurances as required by Federal/State law or regulation. We have consolidated our Certifications and Assurances into 17 groups.At a minimum,you must select the assurances in Group 01. If you request more than$100,000 in Federal/State assistance,you must also select the "Lobbying" Certification in Group 02, unless the Applicant is an Indian tribe or a tribal organization. Depending on the nature of the Subrecipient and its Project, the Subrecipient may need to select some of the Certifications and Assurances in Groups 03 through 17. However, instead ofselecting individual Groups of Certifications and Assurances,you may make a single selection that will encompass all Groups of Certifications and Assurances applicable to all FTA/NCDOT programs. NCDOT and the Subrecipient understand and agree that not every provision of these seventeen (17) Certifications and Assurances will apply to every Subrecipient or every Project we fund. The type of Project and Subrecipient will determine which Certifications and Assurances apply. The Subrecipient also understands and agrees that these Certifications and Assurances are pre-award requirements, generally required by Federal/State law or regulation, and do not include all Federal/State requirements that may apply to the Subrecipient or its Project. The FTA Master Agreement AM(19)for Federal FY 2013, http://wwrv. a.dot.gov/documents/19-Master,pdf. contains a list of most of those requirements. The Subrecipient is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to itself or its Project, even if a Third Party Participant may be involved in the Subrecipient's Project, except as FTA/NCDOT determines otherwise in writing, For this reason, we strongly recommend that you take the appropriate measures to assure the validity of applicable Certifications and Assurances. The Subrecipient understands and agrees that when applying for funding on behalf of a consortium,joint venture,partnership, or team, each member of that consortium,joint venture,partnership, or team is responsible for compliance with the Certifications and Assurances that the Subrecipient selects. Note that by an opinion of the North Carolina Attorney General's office, all Federal requirements have been passed down to State funded assistance. Be aware that these Certifications and Assurances have been prepared in light of • FTA's latest authorization legislation, Moving Ahead for Progress in the 21st Century Act(MAP-21), Pub. L. 112-141,June 6, 2012; • The Continuing Appropriations Resolution, 2013 (CR), Pub, L, 112-175, September 28, 2012; • The FTA "Notice of FTA Transit Program Changes,Authorized Funding Levels and Implementation of the Moving Ahead for Progress in the 21st Century Act(MAP-21) and the FTA FY2013 Apportionments, j Allocations, Program Information and Interim Guidance," 77 Fed. Reg. 663670, October 16, 2012 (FTA FY 2013 Apportionments Notice); and • FTA's authorizing legislation in effect in FY 2012 or a previous fiscal year. With certain exceptions,projects financed in FFY 2013 with funds made available or appropriated for FFY 2012 or a previous fiscal year must be in compliance with the requirements for that type of project in effect for the fiscal year for which the funding was derived, except as superseded by MAP-21 cross-cutting requirements that apply instead. The Applicant must submit its Certifications and Assurances by completing and submitting the selection and signature pages at the end of this document, as well as the complete document: 1) Certifications andAssurances selection page; 2)Affirmation of Applicant; 3)Affirmation of Applicant's Attorney; 4) Certifications and Restrictions on Lobbying; and 5) Certification of Equivalent Service. i 1 i i