HomeMy Public PortalAboutGrant Agreement - Riverfront Park Parcel AcquisitionC. L. `Butch" Otter
governor
Nancy C. Merrill
director
David M. Ricks
deputy director
IDAHO PARK AND
RECREATION BOARD
Steve Klatt
region one
Randal F. Rice
region two
Ernest J. Lombard
region three
Latham Williams
region four
Jean S. McDevitt
region five
Douglas A. Hancey
region six
IDAHO DEPARTMENT OF
PARKS AND RECREATION
p.o. box 83720
boise, idaho 83720-0065
(208)334-4199
fax (208) 334-3741
tdd 1-800-377-3529
street address
5657 warm springs avenue
boise, idaho 83716
www.parksandrecreati on. idaho.gov
April 16, 2010
Carol Coyle, Grant Coordinator
City of McCall
216 E Park Street
McCall ID 83638
Dear Carol,
I am pleased to inform you that the National Park Service has approved your
grant application on the federal level.
Enclosed are two (2) project agreements (including general provisions for
each). Please sign them both and return them to our office. Also enclosed is a
Land and Water Conservation Sign. Please post it in a conspicuous area of the
new park. Once the Alternate State Liaison Officer has signed the agreement
we will return your copy and the City will be able to proceed with the project.
Your project has been assigned #16-00555. Please reference this number in all
future correspondence relating to this project.
Congratulations! I look forward to seeing the development of this new park in
McCall. If you have any questions you may call or email me at (208) 514-2431
or kathy.muir@idpr.idaho.gov.
Sincerely,
Kathy Mu'
State & Fe
twti
al Grant Manager
STATE AND LOCAL
PROJECT AGREEMENT
Land and Water Conservation Fund
Project Sponsor:
City of McCall
Project Title:
Riverfront Park Parcel
Acquisition
Approval Date:
April 7, 2010
Project Period:
04/07/2010 — 03/31/2012
Project No.:
16-005555
Project Scope (Description of Project):
This project includes:
1. Acquisition of 4.6 acres in fee simple title
Project Cost Breakdown:
Total Project Cost as Shown by Project Proposal
Local Matching Funds of 50%
Federal Funds for this Project to Support Ceiling of *50%
$ 70,000.00
$ 70,000.00
$140,000.00
*Support Ceiling - The maximum amount of federal assistance that will be provided on
a project. This amount is determined at the time of project approval contained in the
project proposal.
The State of Idaho, represented by the Idaho Park and Recreation Board and the Idaho
Department of Parks and Recreation (hereinafter referred to as the State), and the City of
McCall (hereinafter referred to as the Sponsor), mutually agree to perform this agreement
in accordance with the Land and Water Conservation Fund Act of 1965 (hereinafter
referred to as LWCF), and any rules or regulations promulgated thereunder; and the Idaho
Administrative Procedures Act, IDAPA 26.01.33000 et seq., including the terms, conditions,
plans, specifications, estimates and procedures established thereunder.
The State is authorized to enter into this agreement pursuant to Sections 67-4223, Idaho
Code.
The State hereby promises, in consideration of the promises made by the local unit herein,
to take the necessary steps and action to attempt to enter an agreement with the United
States Department of the Interior, National Park Service, to obtain federal funds for that
portion of the project referred from the United States and disburse the same as it deems
necessary to the local unit.
Nothing contained in any part of this contract, including the general provisions,
maintenance agreement, or any other attachment hereto, is to be, in any way, understood
as obligating the credit of funds of the State of Idaho or any state department. It is further
understood that in the event federal funds are not available for this project within a year
from the date of this agreement, that this agreement is null and void. The Sponsor hereby
promises, in consideration of the promises made by the State, to carry out and complete
the project scope described on the reverse side in accordance with the terms of this
agreement and attachments.
It is expressly understood and agreed by and between the parties that the State is not
liable to reimburse the local unit for any costs whatsoever until it has received funds
designated for such project from the National Park Service and until the National Park
Service has agreed that such funds are to be disbursed to the local unit. It is further
understood that in the event any project is cancelled, any funds remaining in the hands of
the State will not be paid over to the local unit unless so permitted by the federal
government.
The Sponsor is responsible for assuring that all reasonable safeguards, safety devices,
and protective equipment are provided. Also, the Sponsor should take the action
necessary to protect the life and health of employees on the job and the safety of the
public, and to protect property in connection with performance of work to the project.
The attached general provisions and all commitments in the total project proposal, the
project application, and LWCF manual are made a part of this agreement.
The following special project terms and conditions were added to this agreement before it
was signed.
The parties hereto have executed this agreement on:
Date: z// / a(V /Z
IDAHO DEPARTMENT OF
PARKS AND RECREAT,•N
By:
Date: /
PROJECT SPONSOR
By:
gnature) (Signature)
Alternate State Liaison Officer
(Title)
(
LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT GENERAL PROVISIONS
Part I - Definitions
A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior.
B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully
delegated the authority to act for such Director.
C. The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual.
D. The term "project" as used herein means a Land and Water Conservation Fund grant which is subject to the project
agreement and/or its subsequent amendments.
E. The term "State" as used herein means the State or Territory which is a party to the project agreement, and, where
applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement.
Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or
requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the
nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these
provisions, the terms "State," "grantee," and "recipient" are deemed synonymous.
F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the
authority to act for such Secretary.
Part II - Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund project creates an
obligation to maintain the property described in the project agreement and supporting application documentation consistent with
the Land and Water Conservation Fund Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use monies granted hereunder for the
purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the
Federal cost -share, in a participant's outdoor recreation.
It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State
and local outdoor recreation funds.
A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further
impose these requirements, and the terms of the project agreement, upon any political subdivision or public agency to
which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for
compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by
such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms
of this agreement.
B. The State agrees that the property described in the project agreement and the signed and dated project boundary map
made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is
integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to
other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the teen
of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord
with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary
to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent
usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land
becomes subject to Section 6(f)(3) protection. The approval of a conversion shall be at the sole discretion of the
Secretary, or his designee.
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Prior to the completion of this project, the State and the Director may mutually alter the area described in the project
agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit,
except that acquired parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided.
In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of
property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said
property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In
receipt of this approval, the State agrees to notify the Service of the potential conversion as soon as possible and to seek
approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The
provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance
where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to
by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when
known and agreed to by the Service.
C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of
this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and
resources which are available to the people of the State and of the United States, and such benefit exceeds to an
immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under
the terms of this agreement. The State agrees that payment by the State to the United States of an amount equal to the
amount of assistance extended under this agreement by the United States would be inadequate compensation to the
United States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by the State of this agreement
shall be the specific performance of this agreement or the submission and approval of a conversion -of -use request as
described in Section II.B above.
D. The State agrees to comply with the policies and procedures set forth in Manual. Provisions of said Manual are
incorporated into and made a part of the project agreement.
E. The State agrees that the property and facilities described in the project agreement shall be operated and maintained as
prescribed by Manual requirements and published post -completion compliance regulations (Title 36 Part 59 of the Code
of Federal Regulations).
F. The State agrees that a permanent record shall be kept in the participant's public property records and available for public
inspection to the effect that the property described in the scope of the project agreement, and the signed and dated project
boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund
assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the
Secretary of the Interior.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to
nondiscrimination as outlined in the Civil Rights Assurance appearing at Part III -I herein.
2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual.
Part III - Project Assurances
A. Applicable Federal Circulars
The State shall comply with applicable regulations, policies, guidelines and requirements as they relate to the application,
acceptance and use of Federal funds for this federally assisted project, including:
- OMB Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements
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with State and Local Governments;
- 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs,
Department of the Interior;
- A-87, Cost Principles for State, Local, and Indian Tribal Governments; and
- A-133, Audits of States, Local Governments, and Non -Profit Organizations.
B. Project Application
1. The Application for Federal Assistance bearing the same project number as the agreement and associated
documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A
resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application,
including all understandings and assurances contained herein, and directing and authorizing the person identified
as the official representative of the State to act in connection with the application and to provide such additional
information as may be required.
3. The State has the capability to finance the non -Federal share of the costs for the project. Sufficient funds will be
available to assure effective operation and maintenance of the facilities acquired or developed by the project.
C. Project Execution
1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver
of retroactivity and shall terminate at the end of the stated or amended project period unless the project is
completed or terminated sooner in which event the project shall end on the date of completion or termination.
2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the
Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover
eligible administrative expenses.
3. The State will cause work on the project to be commenced within a reasonable time after receipt of notification that
funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence.
4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law
90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting
inspections to insure compliance with these specifications by the contractor.
5. The State shall secure completion of the work in accordance with approved construction plans and specifications,
and shall secure compliance with all applicable Federal, State, and local laws and regulations.
6. In the event the project covered by the project agreement, cannot be completed in accordance with the plans and
specifications for the project; the State shall bring the project to a point of recreational usefulness agreed upon by
the State and the Director or his designee.
7. The State will provide for and maintain competent and adequate architectural/engineering supervision and
inspection at the construction site to insure that the completed work conforms with the approved plans and
specifications; that it will furnish progress reports and such other information as the NPS may require.
8. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations and
procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act
has been complied with for property to be developed with assistance under the project agreement.
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9. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards;
Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order
11990 relating to the protection of wetlands.
10. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires
the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of
any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified
as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency
Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty,
insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance.
11. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966
as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of
1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of
investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of
Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor
agency of the existence of any such properties, and by (b) complying with all requirements established by the
Federal grantor agency to avoid or mitigate adverse effects upon such properties.
12. The State will comply with "Minority Business Enterprises" and "Women's Business Enterprises" pursuant to
Executive Orders 11625 and 12138 as follows:
(1) Place minority and women business firms on bidder's mailing lists.
(2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services.
(3)
Where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage
participation by these firms.
(4) The Department of the Interior is committed to the objectives of this policy and encourages all recipients of
its grants and cooperative agreements to take affirmative steps to ensure such fairness.
The National Park Service Regional Offices will work closely with the States to ensure full compliance and that
grant recipients take affirmative action in placing a fair share of purchases with minority business firms.
13. The State will comply with the intergovernmental review requirements of Executive Order 12372.
D. Construction Contracted for by the State Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit
Requirements and Cost Principles for Assistance Programs, Department of the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any
party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the
State certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein.
E. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be
retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained beyond
the three-year period if audit findings have not been resolved.
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2. The retention period starts from the date of the final expenditure report for the project.
3. State and local governments are authorized to substitute copies in lieu of original records.
4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the State and local govemments
and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination,
excerpts and transcripts.
F. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State
or pending a decision to terminate the grant by the Service.
2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the
initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement.
3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it
is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly
notify the State in writing of the determination and the reasons for the termination, together with the effective date.
Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with
the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when
both parties agree that the continuation of the project would not produce beneficial results commensurate with the
further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective
date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new
obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as
possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations,
properly incurred by the grantee prior to termination.
5. Termination either for cause or for convenience requires that the project in question be brought to a state of
recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park
Service be returned.
G. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated
funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of
this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated fiords have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated Ands have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
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the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certj accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by
Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty
of not less than $10, 000 and not more than $100, 000 for each such failure.
H. Provision of a Drug -Free Workplace
In compliance with the Drug -Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows:
The grantee certifies that it will or continue to provide a drug free workplace by:
(a) Publishing a statement notEying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's workplace and specifiing the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing an ongoing drug free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the
statement required by paragraph (a);
(d) Nothing the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Note the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
(e) Noting the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the
identification number(s) of each affected grant;
(J) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted;
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs
(a), (b), (c), (d), (e) and (fl.
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The State must include with its application for assistance a specification of the site(s) for the performance of work to be
done in connection with the grant.
I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will
comply with all Federal laws relating to nondiscrimination. These laws inclzide, but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national
origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on
the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et. seq.), which prohibits
discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States
shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the
benefits of or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE
APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this
agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or
benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to
the Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such
property, any transferee, for the period during which it retains ownership or possession of the property. In all other
cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended
to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,
contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the
Department, including installment payments after such date on account of applications for Federal financial assistance
which were approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the
representations and agreements made in this assurance, and that the United State shall have the right to seek judicial
enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and
subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf
of the Applicant.
J. Debarment and Suspension
Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered
Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals.:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statement, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
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(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to eel.* to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier
participants in the implementation of this grant. Department of Interior Form 1954 (DI-1954) may be used for this
purpose.
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered
Transactions
(1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is
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 cert fy to any of the statements in this certification, such
prospective participant shall attach an explanation to this application.
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