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<br />Edward Byrne Memorial Justice Assistance Grant (JAG) Program <br />Florida Department of Law Enforcement <br /> <br />38. Federal Restrictions on Lobbying <br /> <br />a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on <br />Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if <br />applicable, with each submission that initiates consideration of such subgrant recipient for <br />award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal <br />loan of $150,000 or more. <br /> <br />b. This certification is a material representation of fact upon which reliance was placed when <br />this agreement was made. Submission of this certification is a prerequisite to entering into <br />this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United <br />States Code. Any person who fails to file the required certification is subject to a civil penalty <br />of not less than $10,000 and not more than $100,000 for each failure to file. <br /> <br />c. The undersigned certifies, to the best of his or her knowledge and belief, that: <br /> <br />(1) No federally appropriated funds have been paid or shall be paid to any person for <br />influencing or attempting to influence an officer or employee of any federal agency, a <br />member of congress, an officer or employee of congress, or an employee of a member of <br />congress in connection with the awarding of any federal loan, the entering into of any <br />renewal, amendment, or modification of any federal contract, grant, loan or cooperative <br />agreement. <br /> <br />(2) If any non-federal funds have been paid or shall be paid to any person for influencing or <br />attempting to influence an officer or employee of congress, or an employee of a member <br />of congress in connection with this federal contract, grant loan, or cooperative <br />agreement, the undersigned shall complete and submit the standard form, Disclosure of <br />Lobbving Activities, according to its instructions. <br /> <br />(3) The undersigned shall require that the language of this certification be included in award <br />documents for all subgrant awards at all tiers and that all subgrantrecipients shall certify <br />and disclose accordingly, <br /> <br />39. State Restrictions on Lobbying <br /> <br />In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose <br />of lobbying the legislature or a state agency is prohibited under this contract. <br /> <br />40. "Pay-to-Stay" <br /> <br />Funds from this award may not be used to operate a "pay-ta-stay" program in any local jail. <br />Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local <br />jail", as referenced in this condition, means an adult facility or detention center owned and/or <br />operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- <br />stay" programs as referenced in this condition, means a program by which extraordinary services, <br />amenities and/or accommodations, not otherwise available to the general inmate population, may <br />be provided, based upon as offender's apparent ability to pay, such that disparate conditions of <br />confinement are created for the same or similar offenders within a jurisdiction, <br /> <br />41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine <br />Methamphetamine Laboratories <br /> <br />If an award is made to support methamphetamine laboratory operations the subgrant recipient <br />must comply with this condition, which provides for individual site environmental <br />assessment/impact statements as required under the National Environmental Policy Act. <br /> <br />SFY 2006 <br /> <br />Page 12 <br />