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if 40 ob CA Edward Byrne Memorial State and Loral Law Enforcement Assfstanco Formula Grant Arograrn 26. Criminal Intelligence System The purpose of the federal regulation published in 28 CFR Part 23 - Criminal lnfodigfrnco Systems Operating Pokies is to assure that recipients of federal funds for the princpaluurAasa of operating a criminal intelligence system under the Omnibus Grine Control and Safo Stroots Act of 1968, 42 U.S.C. 3701, of seq., as arnonded (Pub. L. 90-351, as amondod by Pub. L. 93-83, Puss, L. 93-415, Pub. L. 94-430, Pub, L. 94-503, Pub. L. 95-115, and Pub. L. 96-157), use those funds in conformance with the privacy and constitutional rights of individuals. 'The recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 816(c) of the Omnibus Crin-ou Gonlml and Safo Streets Act of 1968 as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal lnfolli`gonco Systems Operating Pokias and in the Bureau of Justice Assistance's Formula Gmurt Program Guidance. Submission of this cortification is a prerequisite to entering Into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. if the recipient or criminal justice agency operates a criminal intelligence system and doas not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal finds. The recipient is responsible for the continued adherence to the regulation goveming the operation of the system or faces the loss of federal funds. Via department's approval of the recipient agreement does not constitute approval of the subgrant funded development or operation of a criminal int6ligence system. 27. Non -Procurement, Debarment and Suspension The recipient agrees to comply with Exocufivo Ordor 12549, Dobarm,ont and Suspension (34 crR Parf 85, Section 85.510, Particoanf's Responsibrlfifos). these procedures require the recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared Ineligible or is volt ntarily excluded from participating in this covered transaction, unless authorized by the department. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay kinder this agreement is contingent upon an annual appropriation by the Florida Legislature, 29. Federal Resirictions on Lobbying The recipient agrees to comply with Soclion 319 of Public Low 101-121 set forth in "Now Rostrictions on Lobbying; lnlerim Final Rule,"pub&hed in tho February 26, 1990, Foderal Register. Each person shall file the most cunent edilion of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150.000 or more. This certification is a material representation of fact uporr which relianco was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, 3-410 31, United Slates Coda. Any person who fails to file the required certification is subject to a civil penally of not less than $10,000 and not more than $104,04p for each failure to file. The undersigned certifies, to the ileal of his or her knowledge and belief, that; a. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal 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 loan, the entering into of any renewal, amendment, or modification or any federal contract, grant, loan or cooperative agreement. Socticoil-Pepe 14 of 16