08-1920 Agreement to Enter Into 2008 Urban and Community Forestry Grant Maintenance Memorandum of Agreement

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BID NUMBER: RFP/DF.07/08.61 ATTACHMENT C OPENING DATE: MAY 6,2008 @2:30 P.M, CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should rele-r 101M regulations dl9d below to del9rrrMnQ Ihe certification 10 whid1 they ate required 10 alias!. ApplicanlS should also u.wiaw the instructbns lex certification induded in the regulaUoos before OOIl"pleting this form. Signalur901 this toon provides lor oompJiance with certification requirements under 34 CFR Par182. "New Restrictions on lobbying: and 34 CFR Part as, "Government-wid" Debarmml and Suspension {NonproaJremenl} and Governmenl-wide Requirements for Drug-Fre9 WOfkplace (Grants): Th9 certil1calions shall be healed as 9 malerial repr&sentation d lad upon whidl reliance will be, placed when the Department of Education de(ernines 10 award lhe rove-red transaction, grant, or rooperative agrMmenL 1, LOBBYING As required by Section 1352. Tille 31 of the U,S. Code, and implemented at 34 CFR Part 82, lor persons entering inlo a gran1 Of rooperstive agreemern over S100,OOO, as deflned at 34 CFR Part 82. Sections 82.105 and 82.110, the applicanl certifies lhat: (a) No Federal 8pptClpfialed funds have been paid Of will be paid. by or on behatt of the undersigned, 10 any person for influencing or allerrpling 10 influence an dficer or errployee 01 any 9gency. a Marrtler Cot Congress. an officer or errployee of Congress. or an employee 01 a Me-J'T'ber of Congress in connection with the making 01 any F &deral grant. the entering into 01 any cooperative agreement. and lhe exlension. continu- ation. renewal, amendment. or mxlificalion of any Federal grant or CX)Of)9rstive agreement (b) If any funds olherlhan Federal appropriated funds have been paid or will be pa'd to any person fOf innuencing or allempllng \0 influence- an officer or efTl)loyee cf any 9gency. a Mermer of Congress. an ofllcef or errpoyee of Congress, or an employee 01 a Member 01 Congress in oonnedion with this Federal grant Cf oooperative agreement. the undersigned shall rompIete and submit Standard Form -lLL. 'Disclosure Form 10 Rep:rt Lobbying: In aCQJfdance with Its Instructions; (c) The Undersignoo shall require that the language of lhis certification be induded in the award OOcurTl9nts lor ell subewards at allliefS (inducling subgranls, contracts under grants and cooperative agreQrTlQnts. and sub00l11rads) and that all subrecipients Shall certily and disdose acrordingty. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549. Debarment and SuspGnsion. and i~lemenled al 34 CFR Part 65. fOf prospec- tive partldpanls in primary oovered l1aosadions. as defined at 34 CFR Part 85. Sections 85.105 and 85.110- A. The applicant certifies that II and its prlndpals: (a) Ale no( presenlly debaned. suspended. pl'OJXISed lor debarment. dedared ineligible. Cf voluntarily exduded horn covered transadions by any Fede,al department or agenc.y; (b) Have nol within a three-year period preceding lhis applica- lion been convided d Of had a dvil judgerTl9nt rendered againstlhem for commission of fraUd ex a crininal offense in connection YJith obtaining. anefllJl.ing 10 oblain, or performing a public (Federal. Slale, Of local) tJansadioo ex contrad under a public lJansadion; violation d Federal Of Stale anlilrusl statutes or ~sslon at ermezzlement, thefl. lorgeI)'. bribery;'lalstflcatk:>n Of destruction of reoorclSj making lalse statefT'lQnls, or receiving stolen property; (C) Are rot presently indided tor or oU1QlWise criminally or civilly chargoo by a governmental entity (F ederal. State. Of lOCal~ with oolTllission of any of the otfenses enumerated in paragraph (2}(b) oIlhis certification; and (d) Have no! within a three-year periOO preceding this application had one or nnre public transadion (F9Cleral. Slale. or local) 1erminated lor cause or defaul1; and B. Whele the applicanl is unable 10 certity \0 any of IhG stale-- ments in this certification. he or she shan attach an explanation to this application. 3. DRUG*FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Adot 1988. and implemented at34 CFR Part 85. Subpart F. for grantees. as defined al34 CFR Part 85. SecUonS 85.605 and 85.610 * A. The applicanl certifies lhall will or will oonlinue 10 provide a drug-Iree workplace by: (a) PUblishing a statement nolilying errployees that the unlawful manufacture. distribution. dIspensing, possession. or use or a oontrolled substance is prohibited in the grantee's worIq:Jface and spedfying the actions that will be laken against employees for Yidalion of such prdlibition: (b) Establishing an on-going drug-free awareness pegram to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The glantee's policy or maintaining a drug-Iree workplace; (3) Any available drug oounseling. rehabilitation. and errp)Qye9 assistance programs; and (4) The penalties thai may be imposed uJXfl errploye9s rOf dng abuse violations occurring in Ihe \YDrkplace: (c) Making il 3 f9quilemenl that each employee to be engaged In the performance oIl1le grant be given a ropy 01 the statement fequired by paragraph (a); (d) Notifying the efll)k:rjee in the statement required by para- graph (a) that as 3 roodiUon d errpoymenl under the grant, lhe errployee will: (1) Abide by the lerms 01 thO statement; and (2) Notify the efTl'k:rter in writing of his or her cowidlon tor Q violation of a crlninal drug statute ocaming in the workplace no laler than fivQ calendar days aner- sudloonvidlon;- 29