Certification of Restrictions on Lobbying
I, Andrew Gunning, Executive Director, hereby certify to the best of my knowledge and belief, that:
- No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
- If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
- The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Executed this 8th day of October 2024.
By: /s/
Andrew Gunning,
PPACG Executive Director
Annual Title VI Assurances – Fiscal Year 2024-2025
- There have been no lawsuits or complaints alleging discrimination on the basis of race, color, or national origin filed against the Pikes Peak Area Council of Governments within the last year, July 1, 2022 through June 30, 2023.
- There are no pending applications to any federal agency by the Pikes Peak Area Council of Governments other than to the FTA.
- There were no civil rights compliance reviews performed on the Pikes Peak Area Council of Governments by any local, state or federal agency during the period July 1, 2022 through June 30, 2023.
- Title VI will be enforced by the Pikes Peak Area Council of Governments for all contractors. All contracts with the Pikes Peak Area Council of Governments include compliance measures that, in effect, state that failure to comply with Title VI requirements will result in termination of the contract. A copy of the standard contract language regarding Title VI is attached.
Dated: 2/21/2024
Pikes Peak Area Council of Governments
by /s/
Andrew Gunning
Executive Director
General Assurance
The Pikes Peak Area Council of Governments HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance, it will comply with Title VI of the Civil Rights Act of 1964, (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, that no person in the United States shall, on the grounds of race, color, national origin, gender, age or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this assurance.
Specific Assurances
Federal Highway Program Assurance
More specifically and without limiting the above general assurance, the Pikes Peak Area Council of Governments hereby gives the following specific assurances with its Federal-aid Highway Program.
- The Pikes Peak Area Council of Governments agrees that each “program” and each
“facility” as defined in subsections 21.23(e) and 21.23(b) of the Regulations will be (with regard to a “program”) conducted, or will be (with respect to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the Regulations. - The Pikes Peak Area Council of Governments requires that all contractors sign and agree to a professional services contract (see Appendix X) which explicitly outlines Title VI requirements and regulations.
- That where the Pikes Peak Area Council of Governments receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith.
- That where the Pikes Peak Area Council of Governments receives Federal financial assistance in form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights space on, over, or under such property.
- That this assurance obligates the Pikes Peak Area Council of Governments for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Pikes Peak Area Council of Governments or any transferee for the longer of the following periods:
- The period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
- The period during which the Pikes Peak Area Council of Governments retains ownership or possession of the property.
- The Pikes Peak Area Council of Governments shall provide for such methods of administration for the program as are found by the Secretary of Transportation, or the official to whom he or she delegates specific authority, to give reasonable guarantee that it, other recipients, sub-grantees, contractors, sub-contractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by or pursuant to the Act, the Regulations and this assurance.
- The Pikes Peak Area Council of Governments agrees that the United States has the right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations and this assurance.
Federal Transit Administration Assurance
The Pikes Peak Area Council of Governments HEREBY CERTIFIES THAT, as a condition of receiving Federal financial assistance under the Federal Transit Act of 1964, as amended, it will ensure that:
- No person on the basis of race, color, or national origin will be subjected to discrimination in the level and quality of transportation services and transit-related benefits.
- The Pikes Peak Area Council of Governments will compile, maintain, and submit in a timely manner Title VI information required by FTA Circular 4702.lA and, in compliance with the Department of Transportation Title VI regulation, 49 CFR Part 21.9.
- The Pikes Peak Area Council of Governments will make it known to the public that those person or persons alleging discrimination on the basis of race, color, or national origin as it relates to the provision of transportation services and transit-related benefits may file a complaint with the Federal Transit Administration and/or the U.S. Department of Transportation.
Certification
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Pikes Peak Area Council of Governments by the Department of Transportation under the Federal-aid Highway Program/Federal Transit Grant Program and is binding on it, other recipients, sub-grantees, contractors, subcontractors, transferees, successors in the interest, and other participants in these same Federal-aid programs. The person whose signature appears below is authorized to sign this assurance on behalf of the Pikes Peak Area Council of Government.
DATED 2/21/2024
Pikes Peak Area Council of Governments
By
/s/
Andrew Gunning
Executive Director
Title VI Policy Statement
It is the policy of the Pikes Peak Area Council of Governments that no person shall, on the basis ofrace, color, or national origin, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity as provided by Title VI of the Civil Rights Act, the Civil Rights Restoration Act of 1987, and any other applicable nondiscrimination civil rights laws and regulations.
The Pikes Peak Area Council of Governments’ Title VI Administrator is granted the authority to administer and monitor the Title VI Plan as promulgated under the Title VI Civil Rights Act of 1964 and any subsequent legislation and will provide assistance as needed.
/s/
Andrew Gunning, Executive Director
Pikes Peak Area Council of Governments
2/21/2024
Date
For more information contact:
Pikes Peak Area Council of Governments Title VI Coordinator
15 S. 7th St.
Colorado Springs, CO 80905
719-471-7080
Declaracion de Politica Conforme at Titulo VI
Es politica de la Organizaci6n de Planificaci6n Metropolitana del Pikes Peak Area Council of Governments (PPACG) que a ninguna persona, por razones de raza, color, u origen nacional, se le excluya de participaci6n, se le nieguen beneficios, o de cualquier otra manera se le discrimine bajo cualquier programa o actividad conforme at Titulo VI de la Ley de Derechos Civiles de 1964, la Ley de Restauraci6n de Derechos Civiles de 1987, y cualquier otra ley o reglamento aplicables de derechos civiles contra la discriminaci6n.
El Coordinador del Titulo VI del PP ACG tiene la autoridad para administrar y supervisar el Plan del Titulo VI conforme se lo promulga en el Titulo VI de la Ley de Derechos Civiles de 1964 y cualquier legislaci6n posterior, y ofrecera asistencia segun corresponda.
/s/
Andrew Gunning, Executive Director
Pikes Peak Area Council of Governments
2/21/2024
Fecha
Para obtener mas informacion, comuniquese con:
Pikes Peak Area Council of Governments Coordinador del Title VI
15 S. 7th St.
Colorado Springs, CO 80905
719-471-7080