Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 20 - Division of County Operations › Rule 016.20.08-003 - Home Energy Assistance Program (HEAP) State Plan FY 2009

Current through Register Vol. 49, No. 6, June, 2024
ATTACHMENT 4
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ADDITIONAL CERTIFICATIONS AND REQUIREMENTS
Attached are additional certifications required as
				follows;
*
Lobbying
certification
,
which must be filed by
				all States and territories. If applicable, Form LLL, wliich discloses lobbying
				payments, must be subirdtted.
(Tribes and tribal organizations are
				EXEMPT.)
*
Debarment and suspension
				certification
,
which must be filed by all grantees.
*
Drug-free workplace requirement
				certification
,
which must be filed by all grantees, unless
				the grantee has filed a statewide certification with the Department of Health
				and Human Seryices.
STATES ONLY:
If you have filed a statewide
				certification for the drug-fi-ee workplace requirement, please check
				here:______
* One of the requirements included in the 1994 reauthorization
				of the statute is that grantees must include in their annual application for
				funds a report on the number and income levels of households applying for and
				receiving LIHEAP assistance, and on the number of recipient households that
				have members who are elderly, disabled, or young children.
All Tribes and those territories with allotments of less
				than $200,000
need only submit data on the number of households served
				by each component (heating, cooling, weatherization and crisis). The approval
				for the collection of infonnation contained in the
LIHEAP Household
				Report
is covered by 0MB approval number 0970-0060.
* Though not a part of this application, the report on fijnds
				to be carried over or available for reallotment as required by section 2607(a)
				for the preceding year must be submitted by August 1 of each year. A grant
				award for the current fiscal year may not be made until the
				carryover/reallotment report is received. The approval for the collection of
				information contained in the
LIHEAP Carryover and Reallotment Report
is covered by 0MB approval number 0970-0106.
Administration for Children families
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CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative
				Agreements The undersigned certifies, to the best of his or her knowledge and
				behef, that:
(1) 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 of an agency, a Member of Congress, an 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 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, 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, 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 and disclose 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.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and
				belief, that:
If any funds have been paid or will be paid to any person for
				mfluencing 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 commitment providing for the United
				States to uisure or guarantee a loan, the undersigned shall complete and submit
				Standard Form-LLL, ''Disclosure Form to Report Lobbying," in accordance with
				its instructions. Submission of this statement 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 statement shall be subject to a
				civil penalty of not less than $10,000 and not more tlian $100,000 for each
				such failure.
Administration for Children Families
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CERTIFICATION REGARDING DRUG-FREE WORKPLACE
				REQUIREMENTS
This certification is required by the regulations implementing
				the Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart, F. Sections
				76.630(c) and (d)(2) and 76.645(a)(]) and (b) provide that a Federal agency may
				designate a central receipt point for STATE-WIDE AND STATE AGENCY-WIDE
				certifications, and for notification of criminal drug convictions. For the
				Department of Health and Human Services, the central pint is: Division of
				Grants Management and Oversight, Office of Management and Acquisition,
				Department of Health and Human Services, Room 517-D, 200 Independence Avenue,
				SW Washington, DC 20201.
Certification Regarding Drug-Free Workplace Requirements
				(Instructions for Certification)
1. By
			 signing and/or submitting this application or grant agreement, the grantee is
			 providing the certification set out below.
2. The certification set out below is a
			 material representation of fact upon which reliance is placed when the agency
			 awards the grant. If it is later determined that the grantee knowingly rendered
			 a false certification, or otherwise violates the requirements of the Drug-Free
			 Workplace Act, the agency, in addition to any other remedies available to the
			 Federal Government, may take action authorized under the Drug-Free Workplace
			 Act.
3. For grantees other than
			 individuals. Alternate I applies.
4. For grantees who are individuals.
			 Alternate II applies.
5. Workplaces
			 under grants, for grantees other than individuals, need.not be identified on
			 the certification. If known, they may be identified in the grant application.
			 If the grantee does not identify the workplaces at the time of application, or
			 upon award, if there is no application, the grantee must keep the identity of
			 the workplace(s) on file in its office and make the information available for
			 Federal inspection. Failure to identify all known workplaces constitutes a
			 violation of the grantee's drug-free workplace requirements.
6. Workplace identifications must include the
			 actual address of buildings (or parts of buildings) or other sites where work
			 under the grant takes place. Categorical descriptions may be used (e.g., all
			 vehicles of a mass transit authority or State highway department while in
			 operation. State employees in each local unemployment office, performers in
			 concert halls or radio studios).
7.
			 If the workplace identified to the agency changes during the performance of the
			 grant, the grantee shall inform the agency of the change(s), if it previously
			 identified the workplaces in question (see paragraph five).
8. Definitions of terms in the Nonprocurement
			 Suspension and Debarment common rule and Drug-Free Workplace common rule apply
			 to this certification. Grantees' attention is called, in particular, to the
			 following definitions from these rules:
Controlled substance
means a controlled
				substance in Schedules I through V of the Controlled Substances Act (
				21 U.S.C.
				812 ) and as further defined by regulation
				(21
CFR1308.il
through 1308.15);
Conviction
means a finding of guilt (including
				a plea of nolo contendere) or imposition of sentence, or both, by any judicial
				body charged with the responsibility to determine violations of the Federal or
				State criminal drug statutes;
Criminal drug statute
means a Federal or
				non-Federal criminal statute involving the manufacture, distribution,
				dispensing, use, or possession of any controlled substance;
Employee
means the employee of a grantee
				directly engaged in the performance of work under a grant, including:
(i) All direct charge employees;
(ii) All indirect charge employees unless
			 their impact or involvement is insignificant to the performance of the grant;
			 and,
(iii) Temporary personnel and
			 consultants who are directly engaged in the performance of work under the grant
			 and who are on the grantee's payroll. This definition does not include workers
			 not on the payroll of the grantee (e.g., volunteers, even if used to meet a
			 matching requirement; consultants or independent contractors not on the
			 grantee's payroll; or employees of subrecipients or subcontractors in covered
			 workplaces).