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GOVERNMENTAL BODY assures that it shall take all necessary and reasonable steps set forth in 49 CFR Part
<br /> 26, as amended, to ensure nondiscrimination in the award and administration of all third party contracts and
<br /> subagreements supported with Federal assistance derived from the U.S. DOT. The GOVERNMENTAL BODY'S
<br /> DBE program,as required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of
<br /> this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this DBE program is
<br /> a legal obligation of the GOVERNMENTAL BODY, and failure to carry out its terms shall be treated as a violation
<br /> of the Agreement. Upon notification by the Federal Government or the DEPARTMENT to the GOVERNMENTAL
<br /> BODY of its failure to implement its approved DBE program, the U.S. DOT may impose sanctions as provided for
<br /> under 49 CFR Part 26, as amended, and may in appropriate cases, refer the matter for enforcement under 18
<br /> U.S.C. 1001, as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as amended.
<br /> J. Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT regulations,
<br /> "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal
<br /> Financial Assistance,"at 49 CFR 27.9,the GOVERNMENTAL BODY assures that, as a condition to the approval
<br /> or extension of any Federal assistance awarded by FTA to construct any facility, obtain any rolling stock or other
<br /> equipment, undertake studies, conduct research, or to participate in or obtain any benefit from any program
<br /> administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of that disability,
<br /> excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any program or
<br /> activity receiving or benefiting from Federal assistance administered by the FTA or any entity within U.S. DOT.
<br /> The GOVERNMENTAL BODY 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 applicable regulations and directives
<br /> issued by other Federal departments or agencies.
<br /> K. Procurement Compliance Certification. The GOVERNMENTAL BODY certifies that its procurements
<br /> and procurement system will comply with all applicable third party procurement requirements of Federal laws,
<br /> executive orders, regulations, and FTA directives, and requirements, as amended and revised, as well as other
<br /> requirements FTA may issue including FTA Circular 4220.117, "Third Party Contracting Guidance," and any
<br /> revisions thereto, to the extent those requirements are applicable. The GOVERNMENTAL BODY certifies that it
<br /> will include in its contracts financed in whole or in part with FTA assistance all clauses required by Federal laws,
<br /> executive orders, or regulations, and will ensure that each subrecipient and each contractor will also include in its
<br /> subagreements and its contracts financed in whole or in part with FTA assistance all applicable clauses required
<br /> by Federal laws, executive orders, or regulations.
<br /> L. Intelligent Transportation Systems Program. As used in this assurance,the term Intelligent
<br /> Transportation Systems(ITS)project is defined to include any project that in whole or in part finances the
<br /> acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of
<br /> one or more ITS user services as defined in the"National ITS Architecture."
<br /> 1. In accordance with 23 U.S.C. 517(d), as amended by the Moving Ahead for Progress in the 21 st
<br /> Century Act (MAP-21),the GOVERNMENTAL BODY assures it will comply with all applicable
<br /> requirements of Section V(Regional ITS Architecture and Section VI (Project Implementation))of FTA
<br /> Notice,"FTA National ITS Architecture Policy on Transit Projects," at 66 Fed, Reg. 1455 et seq., January
<br /> 8,2001,and other FTA requirements that may be issued in connection with any ITS project it undertakes
<br /> financed with Highway Trust Funds (including funds from the mass transit account) or funds made
<br /> available for the Intelligent Transportation Systems Program.
<br /> 2. With respect to any ITS project financed with Federal assistance derived from a source other than
<br /> Highway Trust Funds (including funds from the Mass Transit Account) or 23 U.S.C. 517(d), the
<br /> GOVERNMENTAL BODY assures that is will use its best efforts to ensure that any ITS project it
<br /> undertakes will not preclude interface with other intelligent transportation systems in the Region.
<br /> M. Davis-Bacon Act. To the extent applicable, the GOVERNMENTAL BODY will comply with the Davis-
<br /> Bacon Act, as amended, 40 U.S.C. 3141 et seq., the Copeland "Anti-Kickback"Act, as amended, 18 U.S.C. 874,
<br /> and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S-C. 3701 et seq., regarding labor
<br /> standards for federally assisted subagreements.
<br /> N. Certifications and Assurances Required by the U.S. Office of Management and Budget(OMB)
<br /> (SF-4248 and SF-424D).
<br /> Printed 8/11/2014 Page 7 of 17 MPO-Decatur MIP Transportation Study 2015BDBS1029
<br /> BoBS 9073(Rev.07/11/14)
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