Agenda 12/10/2013 Item #16J6 12/10/2013 16.J.E.
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment recognizing Federal HHS Vote
Program Grant Award 2009 Funds for Voting Accessibility for Individuals with
Disabilities in the amount of$8,636.33.
OBJECTIVE: To obtain the Board of County Commissioner's approval to recognize
Federal HHS Vote Program Grant Award 2009 Funds for Voting Accessibility for
Individuals with Disabilities.
CONSIDERATIONS: The Florida Department of State has been awarded the 2009 U.S.
Department of Health and Human Services (HHS) VOTE Program grant funds in the
amount of $669,314 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
$8,636.33, (See Exhibit 1, Attachment"A").
FISCAL IMPACT: The Collier County Supervisor of Elections will receive $8,636.33
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 as to form and legality, and
requires majority vote for Board approval.—SRT
GROWTH MANAGEMENT INPACT: None
RECOMMENDATION: That the Collier County Board of County Commissioner
approve a budget amendment recognizing $8,636.33 in Supervisor of Elections gran-
funds.
Submitted by: Jennifer J. Edwards. Supervisor of Election.
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12/10/2013 16.J.6.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.J.16.J.6.
Item Summary: Recommendation to approve a budget amendment recognizing Federal
HHS Vote Program Grant Award 2009 Funds for Voting Accessibility for Individuals with
Disabilities in the amount of$8,636.33.
Meeting Date: 12/10/2013
Prepared By
Name: BrockMaryJo
Title:Executive Secretary to County Manager, CMO
11/25/2013 11:19:30 AM
Submitted by
Title:Executive Secretary to County Manager, CMO
Name: BrockMaryJo
11/25/2013 11:19:31 AM
Approved By
Name: StanleyTherese
Title:Management/Budget Analyst. Senior,Office of Manage
Dare: 11/25/2013 11:54:39 A1'/
Name: GreenwaldRandy
Title: Management/Budget Analyst.Office of Management&B
Date: 11/25/2013 12:02:39 PM
Name: TeachScott
Title:Deputy County Attorney,County Attorney
Date: 11/25/2013 4:27:01 PM
Name:KlatzkowJeff
Title: County Attorney
Date: 11/26/2013 1:58:58 PM
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12/10/2013 16.J.6.
Name: OchsLeo
Title: County Manager
Date: 11/30/2013 12:03:49 PM
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12/10/2013 16.J.6.
$.-1,-, a-45:14
"QOD WL'S."
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
MEMORANDUM
NOV 7 2013 F•M12:09
To: Supervisors of Elections
i
From: Maria Matthews, Esq. 111`:
Director, Division of Electigi;' '\
Date: October 31, 2013
Subject: 2009 HHS VOTE Program Grant
The Department of State has been awarded the 2009 U.S. Department of Health and Human
Services (HHS) VO'L'E Program grant funds in the amount of$669,314 from HHS to assist with
making polling places accessible to the disability community. Supervisors of Elections are
eligible to receive a specified amount of this grant for their respective county based on a formula
for distribution that includes the number of polling places that were used on Election Day,
November 6,2012. This information was obtained from data provided by the Supervisors of
Elections for the U.S. Election Assistance Commission 2012 Election Administration and Voting
Survey. These funds are available until September 30. 201 4.
The Supervisors of Elections may determine which categories to use based on their county's
specific needs. If a county neeas to use funds from a category that is normally used for other
purposes. they simply need to write a justification explaining their county's needs regarding
polling place accessibility and why they are using a category that normally would be used for
other purposes.
To request a reimbursement from the HHS grant funds for purchases already made, please use
the attached Certificate for Reimbursement Request for Use of HHS VOTE Program Grant
Funds (DS-DE 130, Revised 7/19/2011). Please submit one of the documents listed below for
each of the items referenced on the Certificate:
• an invoice showing a zero balance; or
• an invoice with the check number and date written on it; or
• an invoice with a copy of a cancelled check.
r Division of Elections
4..„,,
R.A. Gray Bldg., Rm. 316 • 500 S Bronough St. •Tallahassee, Florida 32399-0250
Telephone: (850) 245-6200 • F---'---"-• '"^` ' ' -6217 elections.myflorida.com
VIVA FLORIDA 500. Commemorating 500 y Packet Page -2369-ry www.fla500.com VIVA FLORIDA 500.
12/10/2013 16.J.6.
Supervisors of Elections
2009 HHS VOTE Program Grant
October 31, 2013
Page Two
A Certificate must be submitted with each request that identifies the purpose and amount of
funding being requested by category. There is no limit on the number of requests that a
supervisor may submit up to the maximum allocated amount for the respective county.
Please sign and date the enclosed Memorandum of Agreement and the Debarment and
Suspension form and return them to the Division of Elections. You will be provided with a copy
of the agreement upon execution by the Division. When your county is ready to apply for a
reimbursement, please submit the Certificate for Reimbursement Request for Use of HHS Vote
Program Grant Funds as described above.
If you have any questions or would like additional information,please contact Althera Johnson at
(850)245-6211 or Joyce Durbin at(850) 245-6206.
MM/j d/aj
Enclosures
4
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MEMORANDUM OF AGREEMENT
FOR FEDERAL HHS VOTE PROGRAM GRANT
This agreement, effective as of the date fully executed by the State of Florida, 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 32399-0250 and Collier
County Supervisor of Elections,The Honorable Jennifer J. Edwards("Recipient"),the address of which is
3295 Tamiami Trail E, Rev. Dr. Martin Luther King,Jr. Building, Naples, Florida 34112-4907, 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) (42 USC 15421)to satisfy the accessibility requirements for individuals
with disabilities.The Voting Access for Individuals with Disabilities(VOTE) Program within the
Department of Health and Human Services(HHS) administers these grants to the States for this 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-nine thousand, three hundred
fourteen dollars($669,314) in federal HHS Vote Program Funds, HHS-2009-ACF-ADD-VOTE-0062. 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, 2014.
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 four categories
of accessibility specified in Attachment A, incorporated by reference.
No Recipient shah receive funds pursuant to this Agreement until the Recipient submits to the
Department the two certificates specified in Attachment A. No Recipient shall use any funds received
hereunder to support lobbying activities to infiuence proposed or pending federal or state legislation or
appropriations but this does not affect the right of the Recipient, or that of any other organization to
petition Congress, or any other level of Government,through the use of other resources.
IV. Monitoring, Audits, and Reporting
The administration of resources awarded to the Recipient may be subject to monitoring, audits
and reporting requirements herein.
A. Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A-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 Circular A-133,as revised,and/or
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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 required.The Recipient,
however, must make records available for review or audit upon request by appropriate 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 than 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 that federal funds received
under this Agreement were used for any unauthorized purpose or that the Recipient did not oomph
with this agreement or state or federal requirements for receipt, expenditure, or accounting, the
Recipient must return or repay these federal funds in an amount.sufficient to ensure or obtair
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.
Additional guidance to state and federal monitoring and auditing requirements may be found at
http://www.eac.gov; and http://election.dos.state.fl.us/haya/index.shtml
C. Reporting
Copies of financial reporting packages as described in section .320(c), OMB A-133 (as revised) for audits
conducted by or on behalf of the Recipient pursuant to Section IV.B.1 of this agreement, shall be
submitted as required by sections .320(d)of such circular to:
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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 1201 East 106 St.
Tallahassee,FL Tallahassee,FL 32399-1450 Jeffersonville,IN
32399-0250 32399-0250 47132
Other Federal agencies and pass-through entities in accordance with Sections.320(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 OMB Circular A-133,the
Florida Statutes, and Chapter 10.550(local governmental entities)of the Rules of the Auditor General,
whichever is applicable(http://www.mvflorida.com/audgen/pages/localgovt.htm).The correspondence
accompanying the financial reporting package forwarded to the Department must include the date the
Recipient received the reporting package.
V. Record Retention
The Recipient shall keep and maintain accurate and detailed records sufficient to demonstrate
its compliance with the terms of this agreement. The Recipient shall retain these records for five fiscal
years in accordance with the guidelines of the Department of Financial Services and the Office of the
Auditor General, or three years after the date an audit report is issued,whichever is later,and the
Recipient shall allow the Department or its designee, CFO,or Auditor General access to such records,
including access to the audit working papers upon request.
VI. Entirety of the Agreement
All terms and conditions of this agreement are fully set forth in this document and its attachments
and shall be governed by the laws of the State of Florida regardless of any conflict of laws provisions. In
any proceeding or action brought under this section, the parties agree that the prevailing party will be
entitled to its reasonable attorney's Tees from the other party. The parties agree that proper venue will
be in Leon County, Florida.
IN WITNESS THEREOF,the parties have caused this Agreement to be executed by their
undersigned officials as duly authorized.
County Supervisor of Elections/ Department of State, Division of Elections/
Recipient Department
B ��� {iii zc By:
NeJI Fr / '
bLity 17V £U E
Typed name and title Typed name and title
f/.
..u�� f a
Witness Witness
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Date Date
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ATTACHMENT A to MOA#2013-2014-0003
Auk
FEDERAL RESOURCES AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Program: U.S.Department of Health& Human Services-CFDA 93.617,Voting Access for
Individuals with Disabilities—(i.e.VOTE Program)for the amount specified in Exhibit 1 to
Attachment A.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT ARE AS
Fou.ows:
1. The Recipient may only use the funds received pursuant to this Agreement for expenses in any one
or more of the following categories of accessibility:
• Category 1: Making polling places accessible to individuals with disabilities(this includes the
path of travel, entrances,exits, and voting areas of each polling facility);
• Category 2: Providing access and participation to individuals with disabilities(this means
providing the same-opportunities for access and participation, privacy and independence
provided to all other voters);
• Category 3: Training 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;and
• Category 4: Providing individuals with disabilities with information on accessibility of polling
places.
Aptok
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 the 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 oi invoices or proof of payment(e.g., copy of cancelled
check or check numbe-and date raid written on the invoice or receipt paid by a bank card and a
copy of the bankcard statement on the banks letternead,
b. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary 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 receiving 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
Alwakt
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AR AS
FOLLOWS; N/A
Page 1
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EXHIBIT-1, ATTACHMENT A
to MOA#2013-2014-0003
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
POLLING PLACE ACCESSIBILITY-HHS GRANTS
FY 2009 Grant
MAKING POLLING PROVIDING 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 &ELECTION PLACE
Nov.6,2012 HARD NUMBERS 'DISABILITIES DISABILITIES VOLUNTEERS ACCESSIBILITY
COUNTY -_ - 5% 90% 3% 2%
Alachua • 631 9,068.12 453.41 8,161.31 272.04 181.36
Baker 9 1,295.44 64.77 1,165.90 38.86 25.91
Bay 44 6,333.29 316.66 5,699.96 190.00 126.67
Bradford 14 2,015.14 - 100.76 1,613.63 60.45 40.30
Brevard 123 17,704.43 885.22 15,933.99 531.13 354.09
Broward 442 63,620.81 3,181.04• 57,258.73 1,908.62 1,272.42
Calhoun 6 863.63 43.18 777.27 25.91 17.27
Charlotte 35 5,037.86 251.89 4,534.07 151.14 100.76
Citrus 31 4,462.07 223.10 4,015.87 133.86 89,24
Clay 46 6,621.20 331.09 5,959.05 198.64 132.42
Collier 60 8,636.33 431.82 7,772.69 259.09 172.73
Columbia 13 1,871.20 93.56 1,684.08 56.14 37.42
DeSoto 13 1,671.20 93.56 1,684.08_ 56.14 37.42
Dixie 10 1,439.39 71.97 1,295.45 43.18 28.79
Duval 195 28,068.01 1,403.40_ 25,261.21 842.04 561.36
Escambia 73 10,507.53 525.38 9,456.77 315.23 210.15
Flagler 22 3,166.64 158.33 2,849.98 95.00 63.33
Franklin 7 1,007.57 50.38 906.81 30.23 20.15
Gadsden 25 3,598.45 179.92 3,238.61 107.95 71.97
Gilchrist 10 1,439.39 71.97 1,295.45 43.18 28.79
Glades 10 1,439.39 71.97 1,295.45 43.18 28.79
Gulf 9 1,295.44 64.77 1,165.90 38.86 25.91
Hamilton 8 1,151.53 57.58 ; 1,036.37 34.55 23.03 1
Hardee 121 1,727.27 86.36 1,554.54 51.82 I 34.55
Hendry 10i 1,439.39 71.97 j 1,295.45 43.18 28,79
Hernando 3 ■ 5,325.72 266.29 i 4,793.15 ' 159.77 106.51
Highlands I 25. 3,598.45 179.92 1 3,238.61 107.95 71.97
Hillsborougt`, 276' 39,727.02 1,966.35 35,754.32 1,191.81 i 794,54
Holmes 7 1,007.57 50.38 906.81 30.23 20.15
Indian River 22 3,166.64 158.33 2,849.98 95.00 63.33
Jackson 14 2,015.14 100.76 1,813.63 60.45 40.30
Jefferson 15 2,159.06 107.95 1,943.16 64.77 43.18
Lafayette 51 719.68 35.98 647.72 21.59 14.391
Lake ! 99� 14,249.93 712.50 12,824.93 427.50 285.00 J
Lee 125 17,992.33 899.62 16,193.09 539,77 359.85
Leon 94 13,530.22 676.51 12,177.20 405.91 270.60
Levy 13 1,871.20 93.56 1,684.08 56.14 37.42
Liberty 8 1,151.53 57.58 1,036.37 , 34.55 23.03
Madison 11 1,583.34 79.17 1,425.00 47.50 31.67
Manatee 113 16,265.04_ 813.25 14,638.54 487.95 325.30
Marion 121 17,416.56 870.83 15,674.90 522.50 348.33
Martin 31 4,462.07 223.10 4,015.87 133.86 89.24
Miami-Dade 542 78,014.52 . 3,900.68 70,213.11 2,340.44 1,560.29
Monroe 32 4,606.03 230.30 4,145.43 138,18 92.12
Nassau 15 2,159.06 107.95 1,943.16 64.77 43.18
Okaloosa 44 6,333.29 316.66 5,699.96 190.00 126,67
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HI-IS 2009 Exhibit 1 to Attachment A FINAL 10-2-13
. �
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MAKING POLLING PROVIDING 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 &ELECTION PLACE
Nov,6,2012 HARD NUMBERS DISABILITIES DISABILITIES VOLUNTEERS ACCESSIBILITY
COUNTY 5% 90% 3% 2%
Okeechobee 11 1,583.34 79.17 1,425.00 47.50 31.67
Orange 203 29,219.53 1,460.98 26,297.57 876.59 584.39
Osceola 35 5,037.86 251.89 4,534.07 151.14 100.76
Palm Beach 448 64,484.44 3,224.22 58,036.00 1,934.53 1,289.69
Pasco 108 15,545.36 777.27 . 13,990.82 466.36 310.91
Pinellas 234 33,681.61 1,684.08 30,313.45 1,010.45 673.63_
Polk 147 21,158.96 1,057.95 19,043.06 634.77 423.18
Putnam 21 3,022.71 151.14 2,720.44 90.68 60.45
Santa Rosa 33 4,749.97 237,50 4,274.97 142.50 95.00
Sarasota 86 12,378.71 618.94 11,140.84 371.36 247.57
Seminole • 79 11,371,14 568.56 10,234.03 341.13 227.42
St.Johns 40 5,757,56 287.88 5,181.80 172.73 115.15
St.Lucie 55 7,916.62 395.83 7,124.96 237.50 158.33
Sumter 24 3,454.53 172.73 3,109.07 103.64 69.09
Suwannee 16 2,303.01 115.15 2,072.71 69.09 46.06
Taylor 14 2,015.14 100.76 1,813.63 60.45 40.30
Union 7 1,007.57 50.38 906.81 30.23 20.15
Volusia 103 14,825.65 741.28 13,343.09 444.77 296.51
Wakulla 12 1,727.27 86.36 1,554.54 51.82 34.55
Walton 19 2,734.83 136.74 2,461.35 82.04 54.70
Washington 16 2,303.01 115.15 2,072.71 69.09 46.06
TOTAL 4,650 669,313.94 I 33,465.69_I 602,382.56 I 20,079.43 I 13,386.26 I
5%-Making polling places accessible to individuals with disabilities(this includes the path of travel,entrances,
exits,and voting areas of each polling facility)
90%-Providing access and participation to individuals with disabilities(providing the same opportunities
for access and participation,privacy and independence provided to all other voters)
3%-Training election officials,nonworkers,and election volunteers on how best to promote the access and
participation of individuals with disabilities in elections for Feneral office.
2%-Providing individuals with disabilities with information on accessibility of polling places
HHS 2009 Exhibit 1 to Attachment A FINAL 10-2-13 Packet Page-2376-
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Exhibit 3 to Attachment A of MOA#2013-2014-0003
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 maybe
obtained by contacting the person to which this proposal is submitted.
(BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERSE)
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it
nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Name and Title of Authorized Representative
l ; µ'ms/ 1 r' =� ' j
ignfitrre �,-
1 Date
ED Form GCS-009,6/88
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INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
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 participan.
is not required to exceed that which is normally possessed by a prudent person in the ordinary course o:
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-009,6/88
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