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department or agency;
<br />2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered
<br />against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
<br />performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal
<br />or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
<br />records, making false statements, or receiving stolen property;
<br />3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or
<br />local) with commission of any of the offenses enumerated in paragraph (a)(ii) of the "Lobbying, Debarment and
<br />Drug Free Workplace" certification; and
<br />4) Have not within a three-year period preceding this application had one or more public transactions (federal, state,
<br />or local) terminated for cause or default.
<br />5.0 Federal Restrictions on Lobbying - In general, as a matter of federal law, federal funds may not be used by any
<br />recipient or subrecipient at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
<br />modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. § 1913.
<br />Another federal law generally prohibits federal funds from being used by any recipient or subrecipient at any tier, to
<br />pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an
<br />official or employee of any of them) with respect to the awarding of a federal award or cooperative agreement,
<br />subaward, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any
<br />such award. See 31 U.S.C. § 1352.
<br />7.0 State Restrictions on Lobbying - In addition to the provisions contained above, the expenditure of funds for the
<br />purpose of lobbying the legislature or a state agency is prohibited under this agreement.
<br />8.0 Additional Restrictions on Lobbying - The recipient understands and agrees that it cannot use any federal funds,
<br />either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
<br />policy, at any level of government, without the express prior written approval of the Office of Justice Programs.
<br />9.0 "Pay—to—Stay" - Funds from this award may not be used to operate a "pay -to -stay" program in any local jail.
<br />Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail", as referenced in
<br />this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It
<br />does not include juvenile detention centers. "Pay -to -stay" programs as referenced in this condition, means a program
<br />by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate
<br />population, may be provided, based upon an 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 />10.0 The Coastal Barrier Resources Act - The recipient will comply and assure the compliance of all contractors with
<br />the provisions of the Coastal Barrier Resources Act (P.L. No. 97-348) dated October 18, 1982 (16 USC 3501 et seq.)
<br />which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System.
<br />11.0 Background Check - Whenever a background screening for employment or a background security check is required
<br />by law for employment, unless otherwise provided by law, the provisions of § 435, F.S. shall apply.
<br />All employees in positions designated by law as positions of trust or responsibility shall be required to undergo
<br />security background investigations as a condition of employment and continued employment. For the purposes of
<br />the subsection, security background investigations shall include, but not be limited to, employment history checks,
<br />fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through
<br />the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of
<br />Investigation, and may include local criminal records checks through local law enforcement agencies.
<br />Such background investigations shall be conducted at the expense of the employing agency or employee.
<br />12.0 Confidentiality of Data - The recipient (or subrecipient at any tier) must comply with all confidentiality requirements
<br />of 34 U.S.C. § 10231 and 28 C.F. R. Part 22 that are applicable to collection, use, and revelation of data or information.
<br />The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate in accordance with the
<br />requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Privacy Certification forms must be signed by
<br />the recipient chief official or an individual with formal, written signature authority for the chief official.
<br />13.0 Conferences and Inspection of Work - Conferences may be held at the request of any party to this agreement. At
<br />any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State
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