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HomeMy WebLinkAboutUS Dept/Nat'l Park Service UNITED STATES DEPARTMENT OF THE INTERIOR NAnONALPARKSER~CE URBAN PARK AND RECREA nON RECOVERY PROGRAM GRAlU- REHABILIT A nON AND lNNOV A nON AGREEMENT Applicant Name: Grant Number: Miami Beach 12-CTY-2020-0201 Miami Beach Fairway Park [Xl Rehabilitation [ ] Innovation [ ] Eligible [ ] Discretionary Grant Expiration Date: Proposal Scope (description of proposal on individual site or project basis, with identification of each site) The project Scope of Work consists of the followirig: 1) Demolition of the existing" recreation builditi~; ~nd, 2) Site preparation and construction of a new racreation building, including the building structure and electrical and plumbing components. GraDt Cost: The following are hereby incorporated into this agreement: Total Cost S 160,278 1. General Provisions UP ARR request %-20 S 112,195 2. UPARR Grants Manual (NPS-37) State Match %- S 0 3. Project Application and Attachments Local Match % 30 S 48,083 4. OMB Circular A-1m Other %~ S 0 5. Title 43, Code of Federal Regulations Appropriation: FY_ S 0 6. 36 CFR Chapter I, Part 72 --::'. FY_ S 0 7. . NPS 10-912 (March 1995) Page 1 of2 Grant Agreement No: The United States of America, represented by the Director, National Park Service, United States Department of the Interior, and the Grants Recipient above (hereinafter referred to as the Grantee), mutually agree to perform this agreement in accordance with Title X, Urban Park and Recreatioo Recovery PIogram, 16 use 2501, 92 Stat. 3538 (1978), and with the tenns, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps, and assurances attached hereto and hereby made a part hereof: The United States hereby promises, in consideratim of the promises made by the Grantee herein, to obligate to the grantee the amOlDlt of money referred to above, and to tender to the Grantee that portion of the obligation which is required to pay the United States' share of the costs of the above Grant based upon the above percentage of assistance. The Grantee hereby promises, in consideration of the promises made by the United States herein, to execute the Grant described above in accordance with the terms of this agreemenl The follow special grant terms and conditions were added to this agreement before it was signed by the parties hereto: In witness whereof, the parties hereto has executed this agreement as of the date entered below. GRANTEE (Sf ~ Recreatlo Programs Branch (Title) National Park Service /cJ/t.,o I t)2... ( ate) Miami Beach B """l David Dermer, Mayor (Name) NPS 10-912 (March 1995) Mayor ~~f~ Robert Parcher, City Clerk Page 2 of2 APPROVED AS 10 FORM & LANGUAGE & fOR EXECUTION 9( fl/O "- DaM , .1 PROJECT AG~MENT INFORMATION SHEET No.1 or 1 UPARR PROJECI' NO. 12-CTY-2020-0201 SITE NAME: Fairway Park LOCATION: 200 Fairway Drive DATE: '7-30-0.2 . BOUNDARIES AND STREET LOCATION: Fairway Park is bounded on the west by Fairway Drive and North Shore Drive on the north. The Normandy Shores Golf Course forms the majority of the southern and eastern si~es with a portion of the eastern most corner at South Shore Drive. TYPE OF LAND CONTROL: Fe~ Simple DATE ACQtn:RED 2-11-47 SCOPE OF WORK TO BE ACCOMPUSHED nmOUGH 1HIS GRANT AT 1HIS LOCATION (Descn"be in detail; Provide work elements and estimated costs) . Site Prepa~ation & demolition $ 47,625.00 .- - - ESTIMATEDAMOUNTOFUPARRASSISTAN~ATTHISSITE: 5112,195.00 FNP 10-913 Revised 5/82 URBAN PARK AND RECREATION RECOVERY PROJECT AGREEMENT GENERAL PROVISIONS Put] - Definitions A. The tenn "NPS" as used herein means the National Park Service, United States Deparbnent of the Interior. B. The term "UPARR" as used herein means the '"Urban Park and Recreation Recovery" program. C. The term "Director" as used herein means the Director of the National Park Service, a any representative lawfully delegated the authority to act for the Director. D. The tenn "Manual" as used herein means the Urban Park and Recreatim Recovery Program Administration Guideline, NPS-37. E. The term "grant" as used herein means the act of providing a specific sum of money to execute and administer a specific project or projects consistent with the terms of a signed agreement; also the amOlDlt of money requested or awarded. F. The tenn "grantee" or "participant" a "sponsor" as used herein means the general purpose local government receiving a UP ARR grant for its given use, a for authorized pass-through to another appropriate public a private non-profit agency. G. The term "pass-through" as used herein means the transfer of funds at the discretion of the applicant jurisdiction, to independent, general or special purpose local governments, private non-profit agencies (including incorporated community or neighborhood groups), or county or regional park authorities, who offer recreation opportunities to the general population within the jurisdictional boundaries of an eligible applicant. H. The term "special purpose local government" as used herein means any local or other limited political subdivision of a State, including, but not limited to park authorities, park, conservation, water or sanitary districts, and school districts. 1. The term "private non-profit agency" as used herein means a community-based, non-profit aganization, corporation, or association organized for purposes of providing recreational. con5el'V8tioo andla educational services directly to urban residents; either m a neighborhood or cormmmity-wide basis, through voluntary donations, voluntary labor, or public or private grants. J. The tenn "project" as used herein means a single site-specific area a service-specific program proposed (lI' approved for funding. K. The term ''Secretary'' as used herein means the Secretary of the Interia, or any representative lawfully delegated the authority to act for the Secretary. Part 0 - Coutiuuiut! Assurances The parties to the project agreement specifically recognize that grant assistance from the UPARR program aeates an obligation to maintain the property prescribed in the project agreement consistent with the UPARR Act of 1978 (Public Law 95-625) and the following requirements. A. The grantee agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further impose these requirements, and the tenns of the grant agreement, upm any subgrantee to which funds are transferred pursuant to the grant agreement The grantee also agrees that it shall be responsible for compliance with the terms of the grant agreement by such a special purpose local government or private non-profit agency and that failure by such government or private agency to so comply shall be deemed a failure by the grantee to comply with the terms of this agreement. B. The grantee agrees that the property described in the project agreement and the dated project l>oundary map made part of the agreement is being rehabilitated or developed with UPARR assistance, or is integral to such rehabilitation or development, and that without the approval ofNPS, it shall not be converted to other than public recreation use-but shall be maintained in public recreatim in perpetuity' or for-the tenn of the lease in the case of leased property. The Director shall approve such conversion only if it is fOWld to be in accord with the then existing Recovery Action Program and only upon such conditims deemed necessary to assure the substitution of other recreatim properties of reasonably equivalent usefulness and locatim. This replacement land becomes subject to Section ] 010 protection of the UP ARR Act. The approval of a conversion shall be at the sole disaetion of the Director, or his designee. Prior to the completion of this project, the grantee anc:t 1:It~ Director may mutually alter the area described in the grant ~greement and the dated project boundary map to provide the most satisfactory public recreatim area. In the event that NPS provides UPARR assistance for the rehabilitatioo or development of property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said property to other than public recreation uses as a result of such reversionary interest being exercised is approved. In receipt of this approval, the grantee agrees to notify NPS of the conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions. The grantee further agrees to effectuate such replacement within a reasonable period of time, acceptable to the Director, after the conversion of property takes place. The provisions of this paragraph are also applicable to all leased properties rehabilitated or developed with UP ARR assistance. C. The grantee agrees that the benefit to be derived by the United States from the full compliance by the grantee with the terms of this agreement is the preservation, protection, and the net inaease'in the quality of public recreation facilities and resources which are available to the people of the grantee's jurisdiction 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 grantee agrees that the payment by the grantee to the United States of an amount equal to the amount of assistance extended under this agreement by the United States would be inadequate compensatim to the United States for any breach by the grantee of this agreement. The grantee further agrees, therefore, that the appropriate remedy in the event of a breach by the grantee of this agreement shall be the specific performance of this agreement. D. The grantee agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed in 36 CFR 72.72(a). E. The grantee agrees that a permanent record shall be kept in its public property records and available for public inspection to the effect that the property described in the scope of the project agreement, and the dated project boundary map made part of that agreement, has been rehabilitated or developed with UPARR assistance and that it cannot be converted to other than public recreation use without the written approval of the Director. F. Nondiscrimination 1. By signing the UP ARR Agreement, the grantee certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing at Part ill-I herein. 2. The grantee shall not discriminate against any person on the basis of residence, except to the extent that reasonable difference in admissim of other fees may be maintained m the basis of residence as set forth in the reguIatims. 11/99 2 Part m - Proiect Assurances A. Applicable Federal Circulars The grantee shall comply with applicable regulations, policies, guidelines and requirements including OMB A-102 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments),43 eFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior), and OMB Circular A-87 (Cost Principles for State and Local Governments), and A-133 (Audits of States, Local Governments, and Non-Profit Organizations) as they relate to the application, acceptance ~d use of Federal funds for this Federally assisted project. B. Proiect AppUcation 1. The applicatioo 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 grantee possesses legal authority to apply for the grant, and to finance and carry out all the actions described in this grant agreement. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all lIDderstandings and assurances contained herem. and directing and authorizing the person identified as the official representative of the grantee to act in connection with the application and to provide such additional information as may be required. 3. The grantee has the ability and intention to finance to non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities rehabilitated or developed and/or services provided through assistance of this grant. C. Proiect Execution 11/99 1. The grant period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity, and shall tenninate at the end of the stated or amended grant period tmless the project is completed or terminated sooner in which event the grant shall end on the date of completion or terminatim. 2. The grantee shall transfer such funds as identified in the application for any pass-through project sponsor to that spoosor. 3. The grantee will cause work on the project to be commenced within a reasonable time after receipt of notificatim that the grant has been approved, and funds obligated, or the grant may be terminated by NPS. The grantee will assme that the project or projects covered by this grant will be prosecuted to completion with reasonable diligence. 4. The grantee will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and 001 Section 504 Regulations (43 eFR Part 17). 5. The grantee shall secure completion of the work in accordance with approved construction plans and specificatioos, and shall secure compliance with aU applicable Federal, State, and local laws and reguJatioos. 6. In the event the project covered by the grant agreement cannot be completed in accordance with the plans and specifications for the project; the grantee, at the disaetioo of the Director, shall bring the project to a point of recreational usefulness agreed upon by the grantee and the Director or his designee. 3 7. The grantee 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; and will furnish progress reports and such other information as NPS may require. . 8. Where applicable, the grantee will comply with the terms of Title n and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646), 94 Stat 1984 (1970), and shall assure that the Act has been complied with for property to be developed and with assistance WIder the project agreement. 9. The grantee will comply with the provisions of: Executive Order 11988, related to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement of water pollution, and Executive Order 11990 relating to the protection of wetlands. 10. The grantee 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 l02(a) requires on or after March 2, 1975, 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 acquisitioo 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 ofloan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 11. The grantee will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of violating facilities, pursuant to 40 CFR Part 15.20, and that it will notify the NPS of the receipt of any communications from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EP A. The grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. The grantee further agrees to insert this clause into any contract or subcontract in excess of$lOO,OOO. 12. The grantee will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 u.s.e. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.s.e. 469a-l 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 (36 eFR 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. D. Construction Contracted for bv tbe Grantee SbaD Meet tbe Followin2 Reouirements 1. Contracts for construction shall comply with the provisions of 43 eFR Part 12, Subpart C (Uniform Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments). 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 WIder Executive Order 12549. By signing the UP ARR agreement, the grantee certifies that it will comply with debarment and suspension provisions appearing at Part III-J herein. 11/99 4 3. In accordance with the "Stevens Amendment" (to Section 623 of the Treasury, Postal Service, and General Government Appropriations Act), for procurement of goods and services (including construction services) having an aggregate value of $500,000 or more, the amolDlt and percentage --(of total costs) of Federal fimds must be specified in any annotmcement' of the awarding of a contract. E. Retention and Custodial Requirements for Records I. Financial records, supporting documents, statistical records, and all other records pertinent to this _.....grant shall be retained in accordance with 43 eFR Part 12 fOL~od of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retentioo period starts from the date of the final expenditure report for the project or the consolidated project element. 3. Local governments are authorized to substitute microfilm copies in lieu of original records. 4. The Secretary of the Interior and the eomptroller General of the United States, or any of their duly authorized representatives, shall have access. to any books, documents, papers, and records of the grantee and its subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. F. Proiect Termination 11/99 1. The Director may temporarily suspend Federal assistance lDlder the project pending corrective action by the grantee or pending a decision to terminate the grant by NPS. 2. The grantee may unilaterally terminate the grant at any time prior to the first payment. After the initial payment, the project may be tenninated, modified, or amended by the grantee and NPS 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 grantee, in writing, of the determination and the reasons for the termination, together with the effective date. Payments made to grantees or recoveries by NPS under grants terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Director or grantee 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 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. NPS may allow full credit to the grantee for the Federal share of the noncancelable obligations, properly incurred by the grantee prior to terminatim. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upm by the grantee and the Director or that all funds provided by the National Park Service be returned. 5 G. LobbviD2 with Appropriated Funds The grantee 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 grantee, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of eongress, an officer or employee of eongress, or an employee of a Member of eongress in CQIUlection with the awarding, extension, continuation, renewal, amendment, or modification of this grant In compliance with Section 1352, title 31, U.S. eode, the grantee certifies, as follows: The undersigned certifies, to the best of hisC!r her knowledge and belief, that: (1) No Federal appropriatedfunds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence and officer or employee or 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 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 funds 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, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, 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 certify 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 $lOO,OOOforeachfailure. H. Provision of a Dru2-Free Workplacr In compliance with the Drug-Free Workplace Ad of 1988 (43 eFR Part 12, Subpart D), the grantee certifies, as follows: The gramee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the un/awful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees or 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 the grant be given a copy of the stalement required by paragraph (a); 11/99 6 (d) Notifying 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) Notify the employer in writing of his or her conviction for a violation of a criminal drug ,tatule occurring in the workplace no later than/we calendar days after such conviction; (e) Notifying 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 much provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless ihiFederal 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 aTl)' 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 (j). The grantee much include with its application for assistance a specification of the site(s) for the perfonnance of work to be done in connection with the grant. I. Civil Riebts Assurance The grantee 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 include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 US.C. 200d-l), 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. 6/01 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 excludedfrom 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 talce 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 benefitedfrom Federalfinancial 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. THISASSURANCE is given in consideration of and for the purpose of obtaining aTl)' and aU Federal grants, loans, contracts, property, discounts or other Federaljinancial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal finani:ial assistance which were approved before such date. 11/99 7 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 States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, 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 ResponsibHity Matters - Priiiiiiry 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 corrvicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence 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 in paragraph (J)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminatedfor cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in the certification, such prospective participant shall attach an explanation to this proposal. The Grantee 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 the Interior Form (DI- 2010) may be usedfor this purpose. CertificatWn Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier 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 excludedfrom participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this application. 11/99 8 '""",-