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frequency by which it determines the eligibility of its principals. Each GovERrvMErvTa,� Bo�Y may,
<br /> but is not required to, check the Nonprocurement List. If a GovERNMENra,�Bo�Y knowingly enters
<br /> into a lower tier covered transaction with a person who is suspended, debarred, ineligible or
<br /> voluntarily excluded from participation, in addition to other remedies available to the federal
<br /> government, the DEPaRTMErvT may terminate this Agreement for cause or default.
<br /> Nothing contained in this section shall be construed to require establishment of a system of
<br /> records in order to render in good faith the certification required by this section. The knowledge
<br /> and information Of 8 GOVERNMENTAL BODY is not required to exceed that which is normally
<br /> possessed by a prudent person in the ordinary course of business dealings.
<br /> G. Single Audit. The Single Audit Act of 1984 (Public Law 98-502) and the Single Audit
<br /> Amendments of 1996 (P.L. 104-156) require the following:
<br /> 1. State or local governments that receive $300,000 or more a year in federal
<br /> financial assistance shall have an audit made in accordance with the Oifice of
<br /> Management and Budget (OMB) Circular No. A-133.
<br /> 2. State or local governments that receive less than $300,000 a year shall be exempt
<br /> from compliance with the Act and other federal requirements.
<br /> 3. Nothing in this paragraph exempts state or local governments from maintaining
<br /> records of federal financial assistance or from providing access to such records to federal
<br /> Agencies, as provided for in federal law or in Circular A-133 "Audits of States, Local
<br /> Governments and Non-Profit Organizations."
<br /> 4. A copy of the audit report must be submitted to the DEPARTMErvT within 30 days
<br /> after completion of the audit, but no later than one year after the end of the
<br /> GOVERNMENTAL BODY's fiscal year.
<br /> H. Drug Free Workplace. The GOvERrvnnErvTa� Bo�Y certifies that it will comply with the
<br /> requirements of the federal Drug Free Workplace Act, 41 U.S.C.A. 702 as amended, and 49
<br /> C.F.R. Part 29, Subpart F, including Appendix C as amended.
<br /> I. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26.13(a),
<br /> as amended, the GovERrvnnErvra� Bo�Y assures that it shall not discriminate on the basis of race,
<br /> color, national origin, or sex in the implementation of the project and in the award and performance
<br /> of any third party contract, or subagreement supported with Federal assistance derived from the
<br /> U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the
<br /> requirements of 49 CFR part 26, as amended. The GovERNMErvTa�Bo�Y assures that it shall take
<br /> all necessary and reasonable steps set forth in 49 CFR part 26, as amended, to ensure
<br /> nondiscrimination in the award and administration of all third party contracts and subagreements
<br /> supported with Federal assistance derived from the U.S. DOT. The GovERrvnnENTa�Bo�Y'S DBE
<br /> program, as required by 49 CFR part 26, as amended, will be incorporated by reference and made
<br /> a part of this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation
<br /> of this DBE program is a legal obligation of the GovERNnnErvTa� BooY, and failure to carry out its
<br /> terms shall be treated as a violation of the Agreement. Upon notification by the Federal
<br /> Government or the DEPARTMENT to th2 GOVERNMENTAL BODY of its failure to implement its
<br /> approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR part
<br /> 26, as amended, and may in appropriate cases, refer the matter for enforcement under 18 U.S.C.
<br /> 1001, as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as
<br /> amended.
<br /> J. Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT
<br /> regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or
<br /> Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the GOVERNMENTAL BODY aSSUC@S
<br /> that, as a condition to the approval or extension of any Federal assistance awarded by FTA to
<br /> construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct
<br /> research, or to participate in or obtain any benefit from any program administered by FTA, no
<br /> otherwise qualified person with a disability shall be, solely by reason of that disability, excluded
<br /> from participation in, denied the benefits of, or otherwise subjected to discrimination in any
<br /> program or activity receiving or benefiting from Federal assistance administered by the FTA or any
<br /> Intergovernmental Agreement(Rev.03/04) 6 Decatur FTA-05
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