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DocuSign Envelope ID:A6134E61D-095E-4A51-9823-BOEE0861F374
<br /> Contract Number 00041435, Amendment Number 4/ Page 15 of 20
<br /> 3. Contractor will inform the Department of any additional sites for performance of work under this agreement.
<br /> 4. False certification or violation of the certification may be grounds for suspension of payment, suspension or
<br /> termination of grants, or government-wide Federal suspension or debarment. 45 C.F.R. 82.510.
<br /> III. 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. Failure
<br /> to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000.00 per day
<br /> 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, Ineligibility 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 out
<br /> 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 rendered an
<br /> erroneous certification, in addition to other remedies available to the Federal Government, the department or agency
<br /> with which this transaction originate may pursue available remedies, including suspension and/or debarment.
<br /> 3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is
<br /> submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted
<br /> or has become erroneous by reason of changed circumstances.
<br /> 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"
<br /> "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have
<br /> the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 45 CFR
<br /> Part 76. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those
<br /> regulations.
<br /> 5. The 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 titled
<br /> "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered
<br /> Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
<br /> transactions.
<br /> 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
<br /> transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it
<br /> knows that the certification is erroneous. A participant may decide the method and frequency by which it determines
<br /> the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
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