Grant_Terms_and_Conditions.pdf

GRANT TERMS AND CONDITIONS

l. Availabilitv ofFederal Funds: This grant award is contingent upon availability offederal funds approved by Congress

2. Applicable Federal Regulations: l he subrecipient must comply with the Office of Management and Budget's (OMB) "Super Circular", recipient Title 2, Part 200 ofthe Code ofFederal Regulations (C.F.R), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ("Super Circular" or "Omni Circular").

3. Allou,able Costs: 'l he allowabili ty ofcosts incurred under any grant shall be determined in accordance wilh the general principles ofallowability and standards for selected cost items as set forth in the applicable Super Circular referenced above.

4. Audit Req uirements: The subreci pient agrees to comply with the requirements offie OMB Super Circular. Further, records with respect to all matters covered by this grant shall be made available for audit and inspection by SLED and/or any of ils duly authorized representatives. Ifrequired, the audit report must specifically cite that the report was done in accordance with the OMB Super Circular. Whether or not a compliance audit is required, subrecipients must provide, no later than 60 days after the end oftheir fiscal year, notification ofthe applicability of the single annual audit (on HS Form Aud20l5). The subrecipient agrees to accept these requirements by signing the Grant Terms and Conditions certification section of this application.

5. Equal Emplovment Opportunity: No person shall on the grounds ofrace, creed, color or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under subgrants awarded pursuant to the Act goveming these funds or any project, program, activity or subgrant supported by such requirements of Title VI ofth€ Civil Rights Act of 1964, and all applicable requirements pursuant to the regulations ofthe Department of Commerce (Title 15, code ofFederal Regulations, Part 8, which have been adopted by the Federal Funding Agency); Title IX ofthe Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Labor Regulation 4l CFR Part 60; and the Federal Emergency Management Agency Non-discrimination Regulations 44 CFR Part 7, Subpan A. The subrecipient must therefore ensure it has a current Equal Employment Opportunity Program (EEOP). The Subrecipient further agrees to post in a conspicuous place, available to all employees and applicants for employment, notices setting forth the provisions of the EEOP, as supplemented in Department ofLabor Regulations 41 CFR Part 60. The Subrecipient assures that in the eyent a federal or state court or federal or state administralive agency makes a finding ofdiscrimination after a due process hearing on the grounds ofrace, color, religion, national origin or sex against a recipient offunds, the recipient will immediately forward a copy ofthe findings to SLED.

6. Civil Rishts Comp liance and Notification of Findinss The subrecipient will comply with the nondiscrimination requirements of Title Vl ofthe Civil Rights Act of 1964, as amended; Section 504 ofthe Rehabilitation Act of 1964, as amended; Subtitle A, Title ll of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department ofHomeland Security's Non-Discrimination Regulations,44 CFR Part 7, and Department ofHomeland Security's regulations on disability discrimination,44 CFR Part 16. In the event a

Federal or State court, Federal or State administrative agency, or the Subrecipient or Contractor makes a finding of discrimination after a due process hearing on the grounds ofrace, color, religion, national origin, sex, or disability against a recipient offunds, the Subrecipient or Contractor will forward a copy ofthe findings to SLED who will, in tum, submit the findings to the Department ofHomeland Security.

7. Conflicl OfInterest: Personnel and other officials connected with this grant shall adhere to the requirements given below

a. Advice: No official or employee of a state or unit of local government or ofnon-govemment recipients/subrecipients shall panicipate personally tlrrough decision, approval, disapproval, recommendation, the rendering ofadvice, investigation, or otherwise in any proceeding, application, request for a ruling or other determination, contract, grant, cooperatiye agreement, claim, controversy, or other particular matter in which these funds are used, where to his knowledge he or his immediate family, panners, organization other than a public agency in which he is serving as ofiicer, direclor, tlustee, partner, or employee or any person or organization with whom he is negotiating or has any arangement conceming prospective employment, has a financial interest. The recipient ofpass-through entity must disclose to the pass-through entity and to FEMA, in writing. any real or potential conflict of interest as defined by Federal, state, local, or tribal statutes or regulations.

GRANT 1'ERNIS AND CONI)ITIONS

b. Appearance: ln the use of these grant funds, officials or employees ofstate or local units ofgovemment and non-govemmental recipients/subrecipients shall avoid any action which might result in, or create the appearance ofthe follou ing

l) Using his or her official position for private gain;

2) Giving preferential treatment to any person;

3) Losing complete independence or impartiality;

4) Making an official decision outside official channels; and/or

5) Adversely affecting the confidence ofthe public in the integrity of the govemment or th€ program

8. Bonding: Il is strongly recommended that all officials identified on this grant that have authority to obligate, expend or approve expenditures be bonded for an amount no less than the total amount ofthe grant. including match.

9. Non-Supplanting Aereement: The subrecipient shall not use pass-through entity funds to supplant state or local funds or olher resources that would otherwise have been made available for this program. Funher, ifa position created by a grant is filled from within, the vacancy created by this action must be filled within 30 days. [fthe vacancy is not filled within 30 days, the subrecipient must stop charging the grant for the new position. Upon filling the vacancy, the subrecipient may resume charging for lhe grant position.

10. Project lmolementation: The subrecipient agrees to implement this project within 90 days following the grant award effective date or be subject to automatic cancellation ofthe grant. Evidence ofproject implementation must be detailed in the first quanerly report.

I L Written Approval ofChanees: Any mutually agreed upon changes to this subgrant must be approved, in writing, by SLED prior to implementation or obligation and shall be incorporated in written amendments to this grant. This procedure for changes to the approved subgrant is not limited to budgetary changes, but also includes changes of substance in project activities and changes in the prqect director or key professional personnel identified in the approved application.

12. Contract Approval Requirements: The Subrecipient must receive approval ofall contract agreements for services and products from SLED prior to execution. The contract will require review and approval by appropriate staff. Every contract will identify by name all researchers. agenls or vendors providing the service or product stipulated. If written approval ofthe contract is given, an executed copy ofthe contract must be submi(ed to SLED prior to payment or within 30 days of signature, whichever comes first. In addition to the above requirements, consultant confactors (both individuals and consulting firms) will be required to file quarterly progress and fiscal reports. Such reports will include an accounting ofall financial tmnsactions completed during the reporting period as well as a description ofthe actual senices provided. Final progress, narative and fiscal reports will be required within 30 days after the completion ofthe contmct. The final fiscal reporl must contain a complete accounting offinancial transactions for the entire contract period. In the final narrative repon, the contractor must provide a specific statement as to the tolal services or products provided under the terms ofthe contract.

13. Individual Consultants: Billings for consultants who are individuals musl include at a minimum: a description ofservices:

dates of services; number of hours for services performed; rate charged for services; and, the total cost ofservices performed. lndividual consultant costs must be within the prevailing rates, not to exceed the maximum of$450.00 per day

14. Dual EmDloyment Compensation: Dual employment compensation must be approved by SLED priorto contracting with consultants. An appropriate dual employment compensation form musl be completed and submitted to SLED

15. Sole Source Prq9q1q4941: Use ofsole source procurement is discouraged. Sole source purchases will be awarded only under exceptional circumstances and must follow precisely the procedure set forth in the South Carolina Consolidated

Procurement Code. All sole source purchases will require the explicit prior written approval ofSLED.

16. Biddine uirements: The subreci pient must comply with the most restrictive competitive bidding procedures as required by 0re locaVstate govemment and the OMB Super Circular

GRANT TERi\IS AND CONDITIONS

17. Personnel and Travel Costs: Personnel and Travel costs mustbe consistent with the agency's policies and procedures and must be applied uniformly to both federally financed and other activities ofthe agency. In the absence ofagency regulations, travel costs must not exceed the rate set by state regulation, a copy ofwhich is available upon request.

However, the agency's travel rates should not exceed the federal rate established by the lntemal Revenue Service. Iftravel costs are included in the grant application, a copy ofthe agency's policies and procedures manual or its Board's signed minutes must be submitted with the application which provides mileage and per diem rates not to exceed state regulated mles.

18. Oblisation ofGrant Funds: Grant funds may not be obligated prior to the subrecipient's acceptance of the grant award and retum of the signed award and certification pages to SLED. No obligations are allowed after the end of the grant performance period and the final request for payment must be submitted no later than 45 calendar days after the end of the grant performance period.

19. Utilization and Payment of Grant Funds: Funds awarded are to be expended only for purposes and activities covered by the subrecipient's DHS/FEMA approved Investment Justification (i.e. project plan and budget). Items must be in the subrecipient's approved grant budget in order to be eligible for reimbunement. Payments will be adjusted to corect previous overpayments and disallowances or under payments resulting from audit. Claims for reimbutsement must be submitted no less than once a quarter. Grants failing to meet this requirement, without prior written approval, are subject to cancellation.

20. Recordins and Documentation ofReceiots and Exoenditures: Subrecipient's accounting procedures must provide for accurate and timely recording ofreceipt offunds by source ofexpenditures made from such funds and unexpended balances. These records must contain information pertaining to grant awards, obligations, unobligated balances, assets, liabilities, expenditures and program income. Controls must be established which are adequate to ensure that expenditures charged to the subgrant activities are for allowable purposes. Additionally, effective control and accountability must be maintained for all grant cash, real and personal property and other assets. Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time and anendance records, contract documents, gmnt award documenls. etc.

21. Financial Responsibility: The financial responsibility ofsubrecipients must be such that the subrecipient can properly discharge the public trust which accompanies the authority to expend public funds. Adequate accounting systems should meet the following crileria:

a) Accounting records should provide information needed to adequately identi$ the receipt offunds under each grant awarded and the expenditure offunds for each grant;

b) Entries in accounting records should refer to subsidiary records and/or documentation which support the entry and which can be readily locat€d;

c) The accounting system should provide accurate and current financial reporting information; and,

d) The accounting system should bc inlegrated with an adequate system ofinternal contlols to safeguard the funds and assets covered, check the accuracy and reliability ofaccounting data, promote operational efficiency and encourage adherence to prescribed management policies.

22. ReDorts: The subrecipient shall submit, at such times and in such form as may be prescribed, such reports as SLED may reasonably require, including quarterly financial reports, progress reports, final financial reports and evaluation repons.

23. Progranr lncome: All program income generated by this grant during the project must be reported to SLED quarterly (on the quarterly fiscal report) and must be put back into the project or be used to reduce the Pass-through Entity panicipation in the program. The use or planned use of all program income must have prior written approval from SLED. NOTE:

Income from royalties and license fees for copyrighted materials, inventions, and patents is now included in the definition of program income.

GR{iT TERTIS AND CONDITIONS

24. Retention ofRecords: Records for non-expendable property purchased totally or panially with pass-through entity funds must be retained for three yeani after its final disposition. All other pertinent grant records including hnancial records.

supporting documenls and statistical records shall be retained for a minimum ofthree years after the final expendinrre report. However, ifany litigation, claim or audit is started before the expiration ofthe three year period, then records must be retained for three years after the litigation, claim or audil is resolved.

25. I'ropeny Control: Efl'ective control and accountabilit y must be maintained for all grant funded property. Subrecipients must adequately safeguard all such property and must assure that it is used solely for authorized purposes. Subrecipients should exercise caution in the use. maintenance, protection and preservation ofsuch propeny.

a. Title: Subject to the obligations and conditions set fonh in the Super Circular, title to non-expendable property acquired in whole or in part with grant funds shall be vested in the subrecipient. However, this title is conditional, meaning that the title is conditioned on the recipient or subrecipiort complying with the management, and disposition requiremens in the Super Circular, and intended use in accord with the application accepted by the pass-through entity (SLED). Non-expendable propeny is defined as any item having a useful life of more than one year and an acquisition cost of$5,000 or more per unit.

b. Property Control Record Form: At the time the final request for payment is submitted, the subrecipient must file wi$ SLED a copy ofthe Propeny Control Record Form (provided by SLED) listing all such property acquired with grant funds The subrecipient agrees to be subject to a biennial audit by SLED and/or its duly authorized representatives for verification ofthe information contained in the Property Control Record Form.

c. Use and Disposition: SLED retains an interest in grant-funded real property until it is disposed oi Equipment shall be used by the subrecipient in the program or project for which it was acquired as long as needed, whether or not the program or project continues to be supported by federal funds. When use ofthe property for project activities is discontinued, the subrecipient shall request, in writing, disposition instructions from SLED prior to actual disposition ofthe property. Theft, destruction, or loss ofpropeny shall be reported to SLED immediately.

d. The pass-through entity (SLED) retains an interest in any unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the program (i.e. program terminated and / or determined to be complete according to SLED). The subrecipient must compensate the pass-through entity (& the pass th.rough entity must compensate FEMA) for its share of the supplies in compliance with 2 C.F.R. section 200.313 & 200.314. As long as SLED or FEMA retains an interest in the supplies, the subrecipient must not use the supplies to provide services to other organizations for a fee that is less than private companies charge for equivalent services.

26. Performance: This grant may be terminated or fund payments discontinued by SLED where it finds a substantial failure to comply with the provisions ofthe legislation governing these funds or regulations promulgated, including those grant conditions or other obligations established by SLED. In the event the subrecipient fails to perform the services described herein and has previously received financial assistance from St-ED, the subrecipient shall reimburse SLED the full amount ofthe payments made. However, ifthe services described herein are partially performed, and the subrecipient has previously received financial assistance, fie subrecipient shall proportionally reimburce SLED for payments made.

27. Deoblisation ofGrant Funds: All grants must be deobligated within fony-five (45) calendar days ofthe end ofthe grant period. Failure to deobligate the grant in a timely manner will result in an automatic deobligation ofthe grant by

SLED.

28. Proiect Evaluation Report: The formal evaluation report musl be received by SLED no later than 45 days after the end of the grant period

29. Coovrieht: Except as otherwise provided in the terms and conditions ofthis grant, the subrecipient ora contractor paid through this grant is free to copyright any books, publications or other copyrightable materials developed in the course of or under this grant. However, the federal awarding agency and/or state funding agency (SLED) reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize othen to use, for federal govemment and/or SLED purposes:

a. the copyright in any work developed under this grant or through a contract under this grantl and, GRANT TERMS AND CONDITIONS

b. any rights ofcopyright to which a subrecipient or subcontractor purchases ownership with grant support.

The federal govemment's rights and/or SLED's rights identified above must be conveyed to the publisher and the language of the publishels release form must ensure the preservation ofthese rights.

3l . Furniture Purchase Requirqrc4lls (For Stat€ Aeencies Onlv): Fumiture funded by the grant should be purchased through the

South Carolina Depanment ofConections, Prison Industries Program (PI). The subrecipient may purchase grant funded fumiture through another vendor only if, (a) PI is unabte to guarantee delivery within eight (8) weeks ofthe placement of the order, or (b) the subrecipient receives a bid for fumiture ofequal or higher specifications for less than the Pl cosl. lf(a) or (b) is utilized, the Project Director or Authorized Officiat must certify this process. The certification must accompany the

Request for Payment for the applicable items. Regardless ofpurchase source, the PI cost will be the maximum allowed by the grant. The subrecipient should contact a customer services representative at Pl at l-800-922-8121.

32. Americans with Disabilities Act of 1990(ADA): The subrecipient must comply with all requirements ofthe Americans with Disabilities Act of 1990 (ADA), as applicable

33. Compliance with Section 504 ofthe Rehabilitation Act of 1973 (Handicapped): All recipients of federal funds musl comply with Section 504 of the Rehabilitation Act of 1973. Therefore, the federal funds recipient pursuant to the requirements of the Rehabilitation Act of 1973 hereby gives assumnce that no otherwise qualified handicapped person shall, solely by reason of handicap, be excluded from the participation in, be denied the benefits ofor be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The recipient agrees it will ensure that requirements ofthe Rehabilitation Act of 1973 shall be included in the agreements with and be binding on all ofits subrecipients, contractors, subcontractors, assignees or successors.

34. Utilization ofMinority Businesses: Subrecipients are encouraged to utilize qualified minority firms where cost and performance ofmajor contract work will not conllict with funding or time schedules.

35. Confidential Information: Ary reports, information, data, etc., given to or prepared or assembled by the subrecipient under this grant (which SLED requests to be kept confidential) shall not be made available to any individual or organization by the subrecipient without prior written approval ofSLED.

36. Political Activit),: None of the funds, materials, property or services provided direclly or indirectly under this contract shall be used for any partisan political activity, or to further the €lection or defeat ofany candidate for public office, or otherwise in violation ofthe provisions ofthe "Hatch Act."

37. Debarment Certificalion: With the signing ofthe grant application, the subrecipient agrees to comply with Federal Debarment and Suspension regulations as outlined in the "Cenification Regarding Debarment, Lobbying, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions" form.

38. Drue-Free Workplace Certification: This Certification is required by the S. C. Drug-Free Workplace Act #593 ofl990 and federal regulations implementing the Federal Drug-Free Workplace Act of 1988. The federal regulations, published in the January 31. 1989, Federal Register, require certification by state agency subrecipienls that they will maintain a drug-free workplace. The South Carolina Drug-Free Workplace Act requires certification by all subrecipients receiving $50,000 or more. The certification is a material representation offact upon which reliance will be placed when SLED determines to award the grant. False certification or violation ofthe certification shall be grounds for suspension of payments, suspension or termination ofthe grant; or govemment-wide suspension or debarment.

39. Disclosure ofFederal Participation: In compliance with Section 623 ofPublic Law 102- l4l, the subrecipient agrees that no amount ofthis award shall be used to finance the acquisition ofgoods and services (including construction services)

30. Cash Depositories: Subrecipients are requted to deposit grant funds in a federally insured banking institution and the balance exceeding insurance coverage must be collaterally secured.

(;RANT TER}IS A:tD CONDITIONS

a. specifies in any announcement ofthe awarding of tie contract for the procurement ofthe goods and services involved (including construction services) the amount offederal funds that will be used to finance the acquisition;

and.

b. expresses the amount announced pursuant to paragraph (a) as a percentage ofthe total cost ofthe planned acquisition

The above requirements only apply to a procurement for goods or services (including construction services) that has an aggregale value of$500,000 or more.

40. Publications: The subrec ipient agrees that any publication (u,ritten, visual. or sound. but excluding press releases, newsletters, and issue analyses) issued by the subrecipient describing programs or projects funded in whole or in pan with federal funds. shallcontain lhe following slalemenl:

"This project was supported by Federal Gmnt #-, (refer to the Grant Award for the Federal Grant Number which can be found immediately after the CFDA No.) awarded by the subrecioient aqencv through the South Carolina Law Enforcement Division. Points ofview or opinions contained within this document are those ofthe author and do not necessarily represent the official position or policies of the U.S. Department of Homeland Security and/or SLED."

The subrecipient also agrees that one copy ofany such publication will be submined to SLED to be placed on file and distributed as appropriate to other potential subrecipients or interested parties. SLED may waive the requirement for submission ofany specific publication upon submission ofa request providing justification from the subrecipienr.

41. Closed-Captionine ofPublic Service Announcements: Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality ofthe federal government shall include closed captioning of the verbal content ofsuch announcement.

42. Fiscal Reeulations: The fiscal administation ofgrants shall be subject to such further rules, regulations and policies concerning accounting and records, payment offunds, cost allowability, submission offinancial reports, etc., as may be prescribed by SLED Guidelines or "Special Conditions" placed on the grant award.

43. Compliance Aqreement: The subrecipient agrees to abide by all Terms and Conditions including "Special Conditions" placed upon the grant award by SLED. Failure to comply could result in a "Stop Payment" being placed on the grant

44. SusDension or Termination ofFundinA: SLED may suspend, in whole or in part, and/or terminate funding for or impose another sanction on a subrecipient for any ofthe following reasons:

a. Failure to comply substantialty with the requirements or statutory objectives ofthe 2003 Omnibus Appropriations Act issued thereunder, or other provisions ofFederal Law.

b. Failure to adhere to the requtements, standard conditions or special conditions.

c. Proposing or implementing substantial program changes to the extent that, iforiginally submitted, the application would not have been approved for funding.

d. Failure 1o submit reports.

e. Filing a false certification in this application or other report or document.

f. Other good cause shown.

for the project unless the subrecipient agrees to the following:

GRANT 1'ERMS AND CONDITIONS

45. Spagg: The total cost ofspace may not exceed the rental cost ofcomparable space and facilities in a privately-owned building in the same locality. Information to demonstrate that a comparison was conducted by the subrecipient regarding curent market costs for office space in the same locale should be made available upon request by the SFA or its representative for audit purpos€s. The cost ofspace procured for program usage may not be charged to the program for periods of non-occupancy. Rent cannot be paid ifthe building is owned by the subrecipient or ifthe subrecipient has a substantial financial interest in fte property. On the Budget Narative page, provide the lotal square footage covered by the lease agreement, total square footage being charged to the gmnt (based on the amount needed for program implementation) and the cost per square foot. A copy ofthe signed lease agreement must be submitted to the SFA before reimbursement is made for office space. Please note that the grant can only be charged for the grant's portion ofrental costs. The grani cannot participate in mortgage pa).rnents, as this is unallowable.

46. lnsurance coverase: The subrecipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the subrecipient. Federally-owned property need not be insured unless required by the special terms and conditions ofthe grant in accord with Federal granl terms & conditions provided to SLED.

GRANT TERNIS AND CONI)ITIONS

CERTIFICATION REGARDING LOBBYINGi DEBARMENT, SUSPENSION AND OTHER

RESPONSIBILITY NIATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS

Applicants should refer to the regulations cited below to determine the cenification to which they are requir€d to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature ofthis form provides for compliance with certification requiremenls under the applicable CFR covering New Restrictions on Lobbying, Govemment-wide Debarment and Suspension (Non-procurement) and Govemment-wide Requirements for Drug-Free Workplace (Grants). The certifications shall be treated as a material representation offact upon which reliance will be placed when the State Funding Agency (SLED) determines to award the covered transaction, grant or cooperative agreemenl.

1. LOBBYING

As required by Section 1352, Title 31 of the U.S. Code, and implemented by the applicable CFR, for persons entering into a grant or cooperative agreement over $ 100,000. as defined by the applicable CFR, the applicant certifies that:

A. No Federal appropriated funds 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 ofany agency, a Member ofCongress, an officer or employee ofCongress, or an employee ofa Member ofCongress in connection with the making ofany Federal grant, the entering into ofany cooperative agreement. and the extension. continuation. renewal, amendment. or modification ofany Federal grant or cooperative agreement:

B. lfany 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 ofCongress. an officer or employee ofCongress, or an employee ofa Member ofCongress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with ils instructions;

C. The undenigned shall require that the language ofthis certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly.

2, DEBARMENT, SUSPENSION. AND OTHER RESPONSIBILITY MATTERS (SUB-RECIPIENI')

As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in primary covered transactions, as defined in the applicable CFR -

A. The applicant certifies thal it and its principals:

( I ) AIe not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal coun, or voluntarily excluded from covered transactions by any Federal depanment or agency;

(2) Have not within a tkee-year period preceding this application been convicted ofor had a civiljudgment rendered against them for commission offraud or a criminal offense in connection with obtaining, atlempting to obtain. or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation ofFederal or State antitrust statutes or conrmission ofembezzlement, theli. forgery, bribery, falsification or destruction ofrecords.

making false statements. or receiving stolen properly:

(3) Are not presently indicted for or otherwise criminally or civilly charged by a govemment entity (Federal, State or local) with commission ofany ofihe offenses enumerated in paragraph A(2) of this certification; and

(4) Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or defaultl and

B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanalion to this application.

GR,,\NT TERNIS AND CONDII'IONS

CERTIFICATION RIIGARDING LOBBYING; DEBARNIENT, SUSPENSION Ar.-D OTHER RESPONSIBILITY NIATTERSi AND DRUG-FREE WORKPLACE REQUIREI\IENTS

3, DRUG-FREE WORKPLACEREQUIREMENT

A. DRUG.FREE WORKPLACE (RECIPIENTS OTHER THAN INDIVIDUALS) .. APPLICABLE TO RECIPIENTS RECEMNG $50,000 OR MORE AND ALL STATE AGENCIES REGARDLESS OF GRANT AMOUNT. As required by the S.C. Drug-Free Workplace Act #593 of 1990 and the Federal Drug-Free Workplace Act of 1988 and implemented under the applicable CFR for recipients -- The applicant certifies that it will or will continue to provide a drug-free workplace by:

( I ) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession. or use ofa controlled substance is prohibited in the recipient's workplace and speci$ing the actions that will be taken against employees for violation ofsuch prohibition;

(2) Establishing an on-going drug-free awareness program to inform employees about --

(a) The dangers ofdrug abuse in the workplace;

(b) The recipient's policy of maintaining a drug-free workplace;

(c) Any available drug counseling, rehabilitation and employee assistance programs, and

(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Making it a requirement that each employee to be engaged in the performance ofthe grant be given a copy ofthe statement required by paragmph (l);

(4) Notirying the employee in the statement required by paragraph ( I ) that, as a condition ofemploym€nt under the grant, the employee will :

(a) Abide by the terms of the statement; and

(b) Notify the employer in writing ofhis or her conviction for a violation ofa criminal drug statute occurring in the workplace no later than five calendar days after such conviclion;

(5) Notifuing the agency, in writing within l0 calendar days after receiving notice under subparagraph (4)(b), from an employee or otherwise receiving actual notice ofsuch conviction. Employen or convicted employees must provide notice, including position title, to the State Funding Agency. Notice shall include the identification number(s) ofeach affected grant;

(6) Taking one ofthe following actions, within 30 calendar days of receiving notice under subparagraph (4)(b), with respect to any employee who is so convicted --

(a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements ofthe Rehabilitation Act of 1973, as amended; or

(b) Requiring such employee to participate satisfactorily in a drug abuse assistance rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(7) Making a good faith effon to continue to maintain a drug-free workplace through implementation ofparagraphs ( I ), (2), (3), (a), (5) and (6).

B, DRUG.FREE WORKPLACE (RECIPIENTS WHO ARE INDIVIDUALS) -- APPLICABLE TO RECIPIENTS RECEMNG $50,000 OR MORE. As required by the S.C. Drug-Free Workplace Act #593 of 1990 and the Federal Drug-Free Workplace of 1988, and implemented under the applicable CFR for recipients:

( I ) As a condition of the grant I certiS that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use ofa controlled substance in conducting any activity with the grant; and

(2) Ifconvicted ofa criminal drug offense resulting from a violation occurring during the conduct ofany grant activity, I will report the conviction, in writing. within l0 calendar days ofthe conviction to the State Funding Agency.