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Contract Number 00036254, Amendment Number 2 / Page 12 of 17
<br />Contractor will inform the Department of any additional sites for performance of work under this agreement.
<br />False certification or violation of the certification may be grounds for suspension of payment, suspension or
<br />termination of grants, or government -wide i-ederaI suspension or debarment. 45 C.F.R. 82.510.
<br />111. Certification Regarding Environmental Tobacco Smoke
<br />Public Law 103-227, Part C- Environmental Tobacco Smoke, also known as the Pro- Children Act of 1994 (Act), requires
<br />that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used
<br />routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if
<br />the services are funded by Federal programs either directly or through State or local governments, by Federal grant,
<br />contract, loan, or loan guarantee. The law does not apply to children's services provided in private residences, facilities
<br />funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment.
<br />Failure to comply with the provisions of (lie law may result in the imposition of a civil monetary penalty of up to
<br />$1,000.00 per day and /or the imposition of an administrative compliance order on the responsible entity.
<br />The Contractor certifies that it will comply with the requirements of the Act. The Contractor further agrees that it will
<br />require the language of this certification be included in any subawards that contain provisions for children's services and
<br />that all subgrantees shall certify accordingly.
<br />IV. Certification Regarding Debarment, Suspension, ineligibifity and Voluntary Exclusion Lower Tier
<br />Covered Transactions
<br />Instructions
<br />[The phrase "prospective lower tier participant" means the Contractor.]
<br />1. By signing and submitting this document, the prospective lower tier participant is providing the certification set
<br />out below.
<br />2. The certification in this clause is a material representation of the fact upon which reliance was placed when this
<br />transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
<br />rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
<br />department or agency with which this transaction originate may pursue available remedies, including suspension
<br />and /or debarment.
<br />3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal
<br />is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
<br />submitted or has become erroneous by reason of changed circumstances.
<br />4. Tile terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
<br />"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as
<br />used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
<br />Executive Order 12549, 45 CFR Part 76. You may contact the person to whom this proposal is submitted for
<br />assistance in obtaining a copy of those regulations.
<br />5. Tile prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
<br />transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is
<br />debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction
<br />unless authorized by the department or agency with which this transaction originated.
<br />6. The prospective lower tier participant further agrees by submitting this document that it will include the clause
<br />titled "Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion- -Lower Tier
<br />Covered Transaction," without modification, in all tower tier covered transactions and in all solicitations for lower
<br />tier covered transactions.
<br />7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
<br />covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered
<br />transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency
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