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q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for
<br />direct program costs in a subsequent period must be refunded to the Secretary.
<br />r. If the purchase of the asset was consistent with the limitations on the eligible use of Fiscal Recovery Funds
<br />provided by ARPA and Treasury Guidance, the Recipient may retain the asset. If such assets are disposed
<br />of prior to December 31, 2024, the proceeds would be subject to the restrictions on the eligible use of Fiscal
<br />Recovery Funds provided by ARPA.
<br />(14) LOBBYING PROHIBITION
<br />a. 2 CFR §200.450 prohibits reimbursement for costs associated with certain lobbying activities.
<br />b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to
<br />a contract or grant to any person or organization unless the terms of the grant or contract prohibit the
<br />expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency."
<br />c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly
<br />to influence legislation or any other official action by the Florida Legislature or any state agency.
<br />d. The Recipient certifies the following:
<br />i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any
<br />person for influencing or attempting to influence an officer or employee of any agency, a Member of
<br />Congress, an officer or employee of Congress, or an employee of a Member of Congress in
<br />connection with the awarding of any Federal contract, the making of any Federal grant, the making of
<br />any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
<br />renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.
<br />ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
<br />influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
<br />an officer or employee of Congress, or an employee of a Member of Congress in connection with this
<br />Federal contract, grant, loan or cooperative agreement, the Recipient must complete and submit
<br />Standard Form -LLL, "Disclosure of Lobbying Activities."
<br />iii. The Recipient must require that this certification be included in the award documents for all subawards
<br />(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
<br />and that all Recipients shall certify and disclose.
<br />iv. This certification is a material representation of fact upon which reliance was placed when this
<br />transaction was made or entered into. Submission of this certification is a prerequisite for making or
<br />entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
<br />file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
<br />than $100,000 for each such failure.
<br />(15) REQUIRED CONTRACTUAL PROVISIONS
<br />EQUAL OPPORTUNITY EMPLOYMENT
<br />i. In accordance with 41 CFR §60-1.4(b), the Recipient hereby agrees that it will incorporate or cause
<br />to be incorporated into any contract for construction work, or modification thereof, as defined in the
<br />regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
<br />funds obtained from the Federal Government or borrowed on the credit of the Federal Government
<br />pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
<br />program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity
<br />clause:
<br />During the performance of this contract, the contractor agrees as follows:
<br />The contractor will not discriminate against any employee or applicant for employment
<br />because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
<br />The contractor will take affirmative action to ensure that applicants are employed, and that
<br />employees are treated during employment without regard to their race, color, religion, sex,
<br />sexual orientation, gender identity, or national origin. Such action shall include, but not be
<br />limited to the following:
<br />E:3
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