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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 Packet Page -2015- 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 Packet Page -2016- Name: OchsLeo 11/18/2014 16.J.1. Title: County Manager, County Managers Office Date: I 1/] 0/2014 7:14:19 PM Packet Page -2017- I 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. MOA #2014 -2015- 0003 -CLL Packet Page -2018- Page 1 of 4 V. Monitoring, Audits, and Reporting The administration of resources awarded to the Recipient may be subject to reporting requirements herein. A. Monitoring 11/18/2014 16.J.1. 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. MOA #2014 -2015- 0003 -CLL Page 2 of 4 I � Packet Page -2019- 11/18/2014 16.J.1. 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. MOA #2014 - 2015 - 0003 -CLL Packet Page -2020- 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 Page 3 of 4 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 MOA #2014 -2015- 0003 -CLL Page 4 of 4 9 Packet Page -2021- 11/18/2014 16.J.1. ATTACHMENT A toi,MOA # 2014 - 2015 - 0003 -CLL I 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 Page 1 Packet Page -2022- 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 Packet Page -2023- Ds 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.$8 150.79 100.52 Palm Beach 448 64,335.30 3,216.77 57,90117 1,930.06 1,286.71 Pasco 108 15,509.40 775.47 13,958.46 1 465.28 310.19 Pinellas 234 33,603.71 1,680.19 30,243.4 1 1,008.11 672.07 Exhibit 1 to Attachment A -HHS 2010 10 -13 -14 FINAL 1 Packet Page -2023- Ds 11/18/2014 16.J.1. COUNTY POLLING PLACES GENERAL ELECTION DAY Nov. 6, 2012 TOTAL DISTRIBUTION PER COUNTY FORMULAS MAKING POLLING PLACES ACCESSIBLE TO INDIVIDUALS WITH DISABILITIES 5% PROVIDING ACCESS AND PARTICIPAT16N TO INDIVIDUALS WITH DISABILITIE 90% TRAINING ELECTION OFFICIALS, POLL WORKERS & ELECTION VOLUNTEERS 3% PROVIDING INFORMATION ON POLLING PLACE ACCESSIBILITY 2% I Polk 147 21,110.02 1,055.50 18,999.02 633.30 422.20 Putnam 21 3,015.72 150.79 2,714.15 9047 60.31 Santa Rosa 33 4,738.98 236,95 4,265.09 142.17 94.78 Sarasota 86 12,350.08 617.50 11,115.07 370.50 247.00 Seminole 79 11,344.84 567.24 10,210.36 340.35 226.90 St. Johns 40 5,744.22 287.21 5,169.80 172.33 114.88 St. Lucie 55 7,898.31 394.92 7,10$.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 Packet Page -2024- 0 11/18/2014 16.J.1. i 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 I � Packet Page -2025- 11/18/2014 16.J.1. 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 Packet Page -2026- 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 Y Packet Page -2027- 0