Orange Co signed Certs Assurances

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State Fiscal Year 2014 Public Transportation Programs Federal and State Assistance Certifications and Assurances c. Third Party Contractor or Subcontractor at any tier,and d. Other Third Party Participant in the Project, 4. The Applicant agrees,and will obtain the agreement of any Third Party Participant involved in its Project,that it will not engage in school bus operations in competition with private operators of school buses,except as permitted under: a. Federal transit laws, specifically 49 U.S.C. 5323(f)and(g),as amended by MAP-21, b. FTA regulations,"School Bus Operations,"49 CFR Part 605,to the extent consistent with 49 U.S.C. 5323(f)and(g), as amended by MAP-21, c. Any other Federal School Bus regulations,or d. Federal guidance,except as FTA determines otherwise in writing, 5. The Applicant agrees that the latest School Bus Agreement it has selected in FTA's latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and 6. The Applicant agrees that FTA will bar it or any Third Party Participant that has violated this School Bus Agreement from receiving Federal transit funding in an amount FTA considers appropriate. I 04. PROCUREMENT AND PROCUREMENT SYSTEM In accordance with 49 CFR 18.36(g)(3)(h), each Applicant that is a State, local, or Indian tribal government that submits an application to NCDOTfor State or(FTA)Federal assistance to acquire property or services in support of its Project is requested to provide the following certification by selecting Group "04," NCDOT also requests other Applicants to provide the following certification.NCDOT may not provide State or Federal assistance to an applicant for property or services in support of its project until the Applicant provides this Certification by selecting Group "04." The Applicant is ultimately responsible for compliance with the Certifications and Assurances selected that apply to itself or its Project, even if a Subrecipient or other Third Party Participant may be involved in the Applicant's Project, except as FT41NCDOT determines otherwise in writing. For this reason, we strongly encourage the Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participant to assure the validity of applicable Certifications and Assurances selected. Any provision of the Certification in Group 04 that does not apply will not be enforced. The Applicant certifies that its procurements and procurement system will comply with all Federal/State laws and regulations in accordance with applicable Federal/State guidance,except to the extent FTA/NCDOT has approved otherwise in writing. 05. ROLLING STOCK REVIEWS AND BUS TESTING The Applicant must select the Certifications in Group 05 if, using FTA funds, it intends to acquire: • Rolling stock for use in revenue service, or • A new bus model. The Certifications in Group 05 are required for such acquisitions listed above regardless of whether the FTA funds used were made available or appropriated for: • 49 U.S.C. chapter 53, as amended by MAP-21, or • Former 49 U.S.C. chapter 53 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP- 21 cross-cutting requirements that apply instead. The Applicant is ultimately responsible for compliance with the Certifications and Assurances selected that apply to itself or its Project, even if a Subrecipient or other Third Party Participant may be involved in its Project, except as FTAINCDOT determines otherwise in writing. For this reason, we strongly encourage the Applicant to take I I 13