Agenda 11/18/2014 Item # 16J111/18/2014 16.J.1.
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment recognizing Federal HHS Vote
Program Grant Award 2010 Funds for Voting Accessibility for Individuals with
Disabilities in the amount of $8,616.34.
OBJECTIVE: To obtain the Board of County Commissioner's approval to recognize
Federal HHS Vote Program Grant Award 2010 Funds for Voting Accessibility for
Individuals with Disabilities.
CONSIDERATIONS: The Florida Department of State has been awarded the 2010 U.S.
Department of Health and Human Services (HHS) VOTE Program grant funds in the
amount of $667,766 to assist with making polling places accessible to the disability
community. Supervisor of Elections are eligible to receive a specified amount of this
grant for their respective county based on a formula for distribution. The Florida
Division of Elections shall award the Collier County Supervisor of Elections a total of
$8,616.34, (See Exhibit 1, Attachment "A ").
FISCAL IMPACT: The Collier County Supervisor of Elections will receive $8,616.34
from the Florida Division of Elections to be appropriated in the Supervisor of Elections
budget with definitive project tracking.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires
a majority vote for Board action. — JAB
GROWTH MANAGEMENT INPACT: None
RECOMMENDATION: That the Collier County Board of County Commissioners
approve a budget amendment recognizing $8,616.34 in Supervisor of Elections grant
funds.
Submitted by: Jennifer J. Edwards, Supervisor of Elections
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11/18/2014 16.J.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.J.1611.
Item Summary: Recommendation to approve a budget amendment recognizing Federal
HHS Vote Program Grant Award 2010 Funds for Voting Accessibility for Individuals with
Disabilities in the amount of $8,616.34.
Meeting Date: 11/18/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
10/24/2014 2:18:28 PM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
10/24/2014 2:18:30 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/24/2014 2:38:03 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 10/28/2014 9:39:24 AM
Name: IsacksonMark
Title: Director -Corp Financial and Mngpnt Svs, Office of Management & Budget
Date: 11/10/2014 8:15:21 AM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: l 1/] 0/2014 5:07:32 PM
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Name: OchsLeo
11/18/2014 16.J.1.
Title: County Manager, County Managers Office
Date: I 1/] 0/2014 7:14:19 PM
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11/18/2014 16.J.1.
' f
MEMORANDUM OF AGREEMENT
FOR FEDERAL HHS VOTE PROGRAM GRANT
This agreement, effective as of the date fully executed by the State of FloridaI, Department of State,
Division of Elections ( "Department "), an agency of the State of Florida, the address of which is the R.A.
Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399 -6250 and Collier County
Supervisor of Elections, The Honorable Jennifer J. Edwards ( "Recipient "), thel address of which is 3295
Tamiami Trail E, Rev. Dr. Martin Luther King, Jr. Building, Naples, Florida 3412 -4907, is for the purpose
of governing the receipt and use of federal funds as specified herein.
I. Governing Law
Grant funds are made available pursuant to Title II, Subtitle D, Part 2, section 261 of the Help America
Vote Act of 2002 (HAVA) (52 U.S.C. § 21021) to satisfy the accessibility requirements for individuals with
disabilities. The Voting Access for Individuals with Disabilities (VOTE) Programlwithin the Department of
Health and Human Services (HHS) administers these grants to the States for tlrtis purpose.
II. Disbursement
Through the Federal Grants Trust Fund, the Department of State is authorized, to distribute to all 67
county Supervisors of Elections a sum total of six hundred sixty -seven thousand, seven hundred sixty -six
dollars ($667,766) in federal HHS Vote Program Funds, HHS- 2010 -ACF- ADD -VOTE -0019. The amount
allocated for each respective county is set forth in Exhibit 1 to Attachment A. These funds, if unused,
will revert to the federal program by the end of September 30, 2015.
III. Scope of Use /Restrictions
The funds shall be used solely to reimburse expenses made to establish, expand, and improve access to
and participation in the election process by individuals with disabilities in the fpur categories of
accessibility specified in Attachment A, incorporated by reference.
No Recipient shall receive funds pursuant to this Agreement until the Recipien submits to the
Department the two certificates specified in Attachment A. No Recipient shall use any funds received
hereunder to support lobbying activities to influence proposed or pending federal or state legislation or
appropriations, but this does not affect the right of the Recipient, or that of an other organization to
petition Congress, or any other level of Government, through the use of other resources.
IV. Electronic Payments
The Recipient may choose to use electronic funds transfer (EFT) to receive grarVt payments. All recipients
wishing to receive their award through electronic funds transfer must submit alDirect Deposit
Authorization form to the Florida Department of Financial Services. If EFT has already been set up for
your organization, you do not need to submit another authorization form unlesis you have changed bank
accounts. To download this form visit http: / /www.myfloridacfo.com /Division /AIA /Forms /DFS -A1-
26E.pdf. This page also includes tools and information that allow you to check on payments.
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V. Monitoring, Audits, and Reporting
The administration of resources awarded to the Recipient may be subject to
reporting requirements herein.
A. Monitoring
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Itoring, audits and
In addition to reviews of audits conducted in accordance with OMB Circular 133, as revised, and
Section 215.97, F.S., (see Part B "Audits ") monitoring procedures may include, but not be limited to, on-
site visits by Department staff, limited scope audits as defined by OMB Circul�r A -133, as revised, and /or
other procedures. By entering into this agreement, the Recipient agrees to comply and cooperate with
any monitoring procedures /processes the Department deems appropriate.
B. Audits
1. Federally Funded Audits (OMB Circular A -133, as revised.)
In the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the
recipient Is required to have a single or program - specific audit conducted in accordance with the
provisions of OMB Circular A -133, as revised. Attachment A and Exhibit -1 indicate Federal resources
awarded through the Department by this Agreement. In determining the Federal awards expended in
its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources
received from the Department. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMB Circular A -133, as revised An audit conducted by
the Auditor General must satisfy the requirements of Subpart E of OMB Circular A -133, as revised.
In connection with the audit requirements the Recipient shall fulfill the responsibilities of an auditee as
provided in Subpart C of OMB Circular A -133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its fiscal year an audit conducted in
accordance with the provisions of OMB Circular A -133, as revised, is not requ red. The Recipient,
however, must make records available for review or audit upon request by ap ropriate officials of HHS,
the Department, and the General Accounting Office (GAO). If the Recipient elects to have an audit
conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit
must be paid from non - federal resources (i.e., resources obtained from other ithan Federal entities).
2. Other audits
The Department may conduct a limited scope audit of federal funds as defined by OMB Circular A -133
(as revised) or other financial analysis or review of federal funds as permitted by federal law. in the
event the Department determines that a limited scope audit or other type of audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by Department
staff to the Recipient regarding such audit. If the Department determines thalj federal funds received
under this Agreement were used for any unauthorized purpose or that the Recipient did not comply
with this agreement or state or federal requirements for receipt, expenditure, i�or accounting, the
Recipient must return or repay these federal funds in an amount sufficient to nsure or obtain
compliance, including expenses for any corrective or remedial action.
The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Department of State, Chief Financial Officer (CFO) or Auditor General.
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Additional guidance to state and federal monitoring and auditing requiremet is maybe found at
http://www.eac.aov, and http: //election.dos.state.fl.us/hava /index shtml
C. Reporting
Copies of financial reporting packages as described in section .320(c), OMB 4-133 (as revised) for audits
conducted by or on behalf of the Recipient pursuant to Section IV.13.1
of this agreement, shall be
submitted as required by sections .320(d) of such circular to:
i
Department of State Department of State Auditor General's Office
Federal Audit
Division of Elections Office of Inspector General Room 401, Pepper Bldg
Clearinghouse
R.A. Gray Building, Ste 316 R.A. Gray Building, Rm, 406 111 West Madison St.
Bureau of the Census
500 S. Bronough St. 500 S. Bronough Street Tallahassee, FL
1 01 East I 01 St.
Tallahassee, FL Tallahassee, FL 32399 -1450
leffersonviUe, IN
32399 -0250 32399 -0250
47132
Other Federal agencies and pass- through entities in accordance with Sections J20 (e) and (f),
OMB Circular A -133 (as revised).
Any reports, management letter, or other information required to be submitted to the Department
pursuant to this agreement shall be submitted timely and in accordance with bMB Circular A -133, the
Florida Statutes, and Chapter 10.550 (local governmental entities) of the Rule of the Auditor General,
whichever is applicable (http://www.m,,florida.com/audgenZpages/local, ovt.htm), The correspondence
accompanying the financial reporting package forwarded to the Department must include the date the
Recipient received the reporting package. j
VI. Record Retention
The Recipient shall keep and maintain accurate and detailed records sufficien
compliance with the terms of this agreement. The Recipient shall retain thes
years in accordance with the guidelines of the Department of Financial Servic
Auditor General, or three years after the date an audit report is issued, which
Recipient shall allow the Department or its designee, CFO, or Auditor General
including access to the audit working papers upon request.
VII. Entirety of the Agreement
All terms and conditions of this agreement are fully set forth in this document
shall be governed by the laws of the State of Florida regardless of any conflict
proceeding or action brought under this section, the parties agree that the pre
entitled to its reasonable attorney's fees from the other party. The parties agr
be in Leon County, Florida.
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to demonstrate its
records for five fiscal
> and the Office of the
ver is later, and the
ccess to such records,
ind its attachments and
f laws provisions. In any
ailing party will be
!e that proper venue will
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11/18/2014 16.J.1.
IN WITNESS THEREOF, the parties have caused this Agreement to be execute i'd by their undersigned
officials as duly authorized.
I
Coun Supervisor of Ele 'ons /Recipient Department of State Division of Elections
By: /VU, By:
Typed name and title
Typed name and
County FEID Number: _Sq, 26 (o V /4( 7
I
Witness f Witness
li 7
Date Date
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ATTACHMENT A toi,MOA # 2014 - 2015 - 0003 -CLL
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FEDERAL RESOURCES AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT CONSIST 0 I THE FOLLOWING:
Federal Program: U.S. Department of Health & Human Services - CFDA 3.617, Voting Access for
Individuals with Disabilities — (i.e. VOTE Program) for the amount specified in Exhibit 1 to
Attachment A.
i
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED UNDER THiS AGREEMENT ARE AS
FOLLOWS:
1. The Recipient may only use the funds received pursuant to this Agreemeht for expenses in any one
or more of the following categories of accessibility:
• Category 1: Making polling places accessible to individuals with disabilities at polling places (this
includes the path of travel, entrances, exits, and voting areas of eachlpolling facility);
• Category 2: Providing access and participation to individuals with disabilities (this means
providing the same opportunities for access and participation, privac� and independence
provided to all other voters);
• Category 3: Training election officials, poll workers, and election volu teers on how best to
promote the access and participation of individuals with disabilities i elections for Federal
office; and
Category 4: Providing individuals with disabilities with information onaccessibility of polling
places. I
The Recipient determines which categories to use based on the respective county's specific needs. If
the Recipient chooses to use funds for an item that is normally covered by another category, written
justification explaining the reason must be provided.
2. Before receiving these funds, the Recipient must complete and submit to he Department:
a. Certificate for Request of HHS Program Grant Funds (DS -DE 130, Revised 7/19/2011) attached
as Exhibit -2. Supporting documents of expenditures must be included with the Certificate. Examples
of acceptable documentation include copies of invoices or proof of payment (e.g., copy of cancelled
check or check number and date paid written on the invoice or receipt pad by a bank card and a
copy of the bankcard statement on the bank's letterhead).
b. Certification Regarding Debarment, Suspension, Ineligibility, and �oluntary Exclusion Lower
Tier Covered Transactions (ED Form GCAS -009 (6 /88)(attached as Exhibit -3). Executive Order
12549, Debarment and Suspension, 45 CFR 1183.35, prohibits the disbursement of federal funds to
the intended recipient or any sub - recipient of such funds unless such recipient and each sub -
recipient, if any, certify that they are not excluded or disqualified from ireceiving federal funds by
any federal department or agency.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A
MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES: N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
FOLLOWS; N/A
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AGREEMENT AR AS
11/18/2014 16.J.1.
EXHIBIT -1, ATTACHMENT A
to MOA #2014- 2016.0003
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
POLLING PLACE ACCESSIBILITY - HHS GRANTS
FY 2010 Grant
Exhibit 1 to Attachment A -HHS 2010 10 -13 -14 FINAL 1
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MAKING POLLING
PROVIDIN9
TRAINING
PROVIDING
POLLING
TOTAL
PLACES
ACCESS AND
ELECTION
INFORMATION
PLACES
DISTRIBUTION
ACCESSIBLE
PARTICIPATION
OFFICIALS,
ON
GENERAL
PER COUNTY
TO INDIVIDUALS
TO INDIVIDUALS
POLL WORKERS
POLLING
ELECTION DAY
WITH
WITH
I
& ELECTION
PLACE
Nov. 6, 2012
FORMULAS
DISABILITIES
DISABILITIES
VOLUNTEERS
ACCESSIBILITY
COUNTY
5%
90%
3%
1 2%
Alachua
63
9,047.15
452.36
8.142,441
271.41
1 180.94
Baker
9 1,292.45
64.62
1,160.21
38.77
25.85
Bay
6,318.65
315.93
5,686,781
189.561
126.37
Bradford
14
2,010.48
100.52
1,809.43
1 60.31
40.21
Brevard
123
17,663.49
883.17
15,897.14
529.90
353.27
Broward
442
63,473.67
3,173.68
57,126.30
1,904.21
1,269.47
Calhoun
6
861.63
43.08
77$.47
25.85
17.23
Charlotte
35
5,026.20
251.31
4,52$.58
150.79
100.52
Citrus
31
4,451.77
222.59
4,006.60
133.55
89.04
Cla
46
6,605.86
330.29
5,94$.27
198.18
132.12
Collier
1 60
8,616.34
43182
7,754.70
258.49
172.33
Columbia
13
1,866.87
93.34
1,680.19
56.01
37.34
DeSoto
13
1,866.87
93.34
1,680.19
56.01
37.34
Dixie
10
1,436.06
71.80
1,292.45
43.08
28.72
Duval
195
28,003.09
1,400.151
25,202.78
840.09
560.06
Escambia
73
10,483.21
524.161
9,434.89
314.501
209.66
Fla ler
22
3,159.32
157.97
2,843.39
94.78 1
63.19
Franklin
7
1,005.24
50.26
904.72
30.16
20.10
Gadsden
25
3,59014
179.51
3,231!.13
107.70
71,80
Gilchrist
10
1,436.06
71.80
1,292.45
43.08
28.72
Glades
10
1.436.06
71.80
1,292.45
43.08
28.72
Gulf
9
1,292.45
64.62
1,163721
38.77
25.85
Hamilton
a
1,148.84
57,44
1,0331.96
34.47
22.98
Hardee
12
1,723.27
86.16
1,550[94
51.70
34.47
Hendry
10
1,436.06
71.80
1.29245
43.08
2872
Hemando
37
5,313.41
265.67
4.78207
159.40
106.27
Highlands
25
3,590.14
179.51
3.231113
107.70
71.80
Hillsborough
2761
39,635.14
1,981.76
35,671163
1,189.05
792.70
Holmes
7
1,005.24
50.26
90472
30.16
20.10
Indian River
22
3,159.32
157.97
2,843139
9418
63 19
Jackson
14
2,01048
100.52
1,809143
6031
40.21
Jefferson
15
2,154.08
107,70
1.938168
64.62
43.08
Lafayette
5
718.03
35.90
646.23
21.54
14.36
Lake
99
14,216.95
710.85
12,795.26
42651
284.34
Lee
125
17,950 70
897.53
16,155.63
538.52
359.01
Leon
94
13.498.93
674.95
12,149.03
404.97
269.98
Levy
13
1,866.87
93.34
1,680.9
56.01
37.34
Liberty
8
1,148.84
57,44
1,033.6
34.47
22.98
Madison
11
1,579.66
78.98
1,421.70
47.39
31.59
Manatee
113
16,227.43
811.37
14,604.69
486.82
324.55
Marion
121
17,376.28
868.81
15,638.65
521.29
347.53
Martin
31
4,451.77
222.59
4,006.60
133.55
89.04
Miami -Dade
542
77,834.23
3,89171
70,050.81 1
2,335.03
1,556,68
Monroe
32
4,595.38
229.77
4,135.4 1
137.86
91.91
Nassau
15
2,154.08
107.70
1,938.68
64.62
43.08
Okaloosa
44
6,318.65
315.93
5,686.78
189.56
126.37
Okeechobee
11
1,579.66
78.98
1,421.70
47.39
31.59
Orange
203
29,151.94
1,457.60
26,236.74
874.56
583.04
Osceola
35
5,026.20
251.31
4,523.$8
150.79
100.52
Palm Beach
448
64,335.30
3,216.77
57,90117
1,930.06
1,286.71
Pasco
108
15,509.40
775.47
13,958.46 1
465.28
310.19
Pinellas
234
33,603.71
1,680.19
30,243.4 1
1,008.11
672.07
Exhibit 1 to Attachment A -HHS 2010 10 -13 -14 FINAL 1
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COUNTY
POLLING
PLACES
GENERAL
ELECTION DAY
Nov. 6, 2012
TOTAL
DISTRIBUTION
PER COUNTY
FORMULAS
MAKING POLLING
PLACES
ACCESSIBLE
TO INDIVIDUALS
WITH
DISABILITIES
5%
PROVIDING
ACCESS AND
PARTICIPAT16N
TO INDIVIDUALS
WITH
DISABILITIE
90%
TRAINING
ELECTION
OFFICIALS,
POLL WORKERS
& ELECTION
VOLUNTEERS
3%
PROVIDING
INFORMATION
ON
POLLING
PLACE
ACCESSIBILITY
2%
I
Polk
147
21,110.02
1,055.50
18,999.02
633.30
422.20
Putnam
21
3,015.72
150.79
2,714.15
9047
60.31
Santa Rosa
33
4,738.98
236,95
4,265.09
142.17
94.78
Sarasota
86
12,350.08
617.50
11,115.07
370.50
247.00
Seminole
79
11,344.84
567.24
10,210.36
340.35
226.90
St. Johns
40
5,744.22
287.21
5,169.80
172.33
114.88
St. Lucie
55
7,898.31
394.92
7,10$.48
1 236.95
157.97
Sumter
24
3,446.53
172.33
3,101.88
103.40
68.93
Suwannee
16
2,297.69
114.88
2,06t.92
68.93
45.95
Taylor
14
2,010.48
100.52
1,80
.43
60.31
40.21
Union
7
1,005.24
50.26
904.72
30.16
20.10
Volusia
103
14,791.38
739.57
13.312.24
443.74
295.83
Wakulla
12
1,723.27
86.16 1
1,550.94
51.70 1
34,47
Walton
19
2,728.51
136.43
2.455.66
81.86
54.57
Washington
16
2,297.69
114.88
2,06X.92
68.93 1
45.95
1
TOTAL 1
4,650 1
667,766.00 1 33,386.30 1 600,98
.40 1 20,032.98 1 13,355.32
5% - Making polling places accessible to individuals with disabilities (this includes the path of travel, entrances,
exits, and voting areas of each polling facility)
I
90% - Providing access and participation to individuals with disabilities at polling places (providing the same opportunities
for access and participation, privacy and Independence provided to all other voters)
3% - Training election officials, poliworkers, and election volunteers on how best to promote the access
participation of individuals with disabilities In elections for Federal office.
2% - Providing individuals with disabilities with information on accessibility of polling places
Exhibit 1 to Attachment A -HHS 2010 30.13 -14 FINAL
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Exhibit -2 to AttachmentlA of MOA #2014- 2015 -0003
CERTIFICATE FOR REIMBURSEMENT REQUEST FOR
OF HHS VOTE PROGRAM GRANT FUNDS
1, Cou ty Supervisor of
Elections, request funds from the Voting Access for Individuals with Disabilities (VOTE) Program
within the Department of Health and Human Services (HHS) to reimburse expenditures as
follows:
Request for Funds
Category 1 To make polling places accessible to individuals with disabiilities (this includes the
path of travel, entrances, exits, and voting areas of each polling facilityb
$ Amount of request
Category 2 To provide access and participation to individuals with disabilities at polling places
(this means providing the same opportunities for access and participation, privacy and
independence provided to all other voters)
$ Amount of request
I
Category 3 To train election officials, poll workers, and election volunteers on how best to
promote the access and participation of individuals with disabilities in elections for Federal
office
i
$ Amount of request
Category 4 To provide individuals with disabilities information on accessibility of polling places
$ Amount of request
Total amount of funds requested above.
[Attach supporting documentation of expenditures made in the respt
activities, written justification when needed and the specified polling
were made, if applicable.]
Use of Funds
i hereby certify that the funds:
categories of
where expenditures
Will be used solely to reimburse expenses made in accordance with the requirements of
the HHS VOTE Program grant award and this agreement;
Will not be used to reimburse expenses for the support of state or federal lobbying
activities in influencing proposed or pending federal or state legislation or
appropriations;
Supervisor of Elections
DS -DE 130
Revised 10/13/2014
Date
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Exhibit 3 to Attachment A of MOA #2014 -2015 -0003
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive, Order 12549, Debarment
and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as
Part VII of the May 26, 1988 Federal Register (pages 19160- 19211). Copies: of the regulations may be
obtained by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION, READ INSTR
(1) The prospective lower tier participant certifies, by submission of
nor its principals are presently debarred, suspended, proposed for debars
voluntarily excluded from participation in this transaction by any federal de
(2) Where the prospective lower tier participant is unable to certify to
certification, such prospective participant shall attach an explanation to this
ame
ED Form GCS -009, 6188
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ONS ON REVERSE)
proposal, that neither it
declared ineligible, or
Ment or agency.
of the statements in this
v
11 /18/2014 16.J.1.
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below. I
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the federal government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations,
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List (Telephone Number).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available
to the federal government, the department or agency with which this transaction originated may pursue
available remedies, including suspension and /or debarment,
ED Form GCS -009, 6188
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