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Edward Byrne Memorial Justice Assistance Grant ( JAG ) Program <br /> Florida Department of Law Enforcement <br /> c . Are not presently indicted for or otherwise criminally or civilly charged by a governmental <br /> entity ( Federal , State , or local ) with commission of any of the offenses enumerated in <br /> paragraph ( 1 )( b ) of this certification ; and <br /> d . Have not within a three- year period preceding this application had one or more public <br /> transactions ( Federal , State , or local ) terminated for cause or default . <br /> 38 . Federal Restrictions on Lobbying <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 . <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 31 USC 1352 . Any person <br /> who fails to file the required certification is subject to a civil penalty of not less than $ 10 , 000 <br /> and not more than $ 100 , 000 for each failure to file . <br /> c . As required by 31 USC 1352 , and implemented at 28 CFR 69 , for persons entering into a <br /> grant or cooperative agreement over $ 100 , 000 , as defined at 28 CFR 69 , the applicant <br /> certifies that: <br /> ( 1 ) No Federal appropriated funds have been paid or will be paid , by or on behalf of the <br /> undersigned , to any person for influencing or attempting to influence an officer or <br /> employee of any agency, a Member of Congress , an officer or employee of Congress , <br /> or an employee of a Member of Congress in connection with the making of any Federal <br /> grant , the entering into of any cooperative agreement , and the extension , continuation , <br /> renewal , amendment , or modification of any Federal grant or cooperative agreement; <br /> ( 2 ) If any funds other than Federal appropriated funds have been paid or will be paid to <br /> any person for influencing or attempting to influence an officer or employee of any <br /> agency , a Member of Congress , an officer or employee of Congress , or an employee of <br /> a Member of Congress in connection with this Federal grant or cooperative agreement, <br /> the undersigned shall complete and submit Standard Form - LLL , " Disclosure of <br /> Lobbying Activities , " in accordance with its instructions ; <br /> ( 3 ) The undersigned shall require that the language of this certification be included in the <br /> award documents for all subawards at all tiers ( including subgrants , contracts under <br /> grants and cooperative agreements , and subcontracts ) and that all sub- recipients shall <br /> certify and disclose accordingly. <br /> 39 . State Restrictions on Lobbying <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 /> 40 . Additional Restrictions on Lobbying <br /> Recipient understands and agrees that it cannot use any federal funds , either directly or <br /> 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 <br /> Justice Programs , <br /> SFY 2010 Page 12 <br />