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Application for Funding Assistance <br /> Florida Department of Law Enforcement <br /> Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program <br /> b. For any of a subgrantee' s existing programs or activities that will be funded by these subgrants , the <br /> subgrantee , upon specific request from the Department and the U . S . Department of Justice , agrees to <br /> cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that <br /> funded program or activity. <br /> 37. Non -Procurement, Debarment and Suspension <br /> The subgrant recipient agrees to comply with Executive Order 12549 , Debarment and Suspension (34 CFR , <br /> Part 85, Section 85 . 510 , Participant's Responsibilities) . These procedures require the subgrant recipient to <br /> certify it shall not enter into any lower tiered covered transaction with a person who is debarred , suspended , <br /> declared ineligible or is voluntarily excluded from participating in this covered transaction , unless authorized <br /> by the Department. <br /> 38, Federal Restrictions on Lobbying <br /> a . Each subgrant recipient agrees to comply with 28 CFR Part 69, " New Restrictions on Lobbying" and shall <br /> file the most current edition of the Certification And Disclosure Form , if applicable , with each submission <br /> that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative <br /> agreement of $ 100 , 000 or more ; or federal loan of $ 150 , 000 or more . <br /> b . This certification is a material representation of fact upon which reliance was placed when this agreement <br /> was made . Submission of this certification is a prerequisite to entering into this agreement subject to <br /> conditions and penalties imposed bySection 1352, Title 31 , United States Code. Any person who fails to <br /> file the required certification is subject to a civil penalty of not less than $ 10 , 000 and not more than <br /> $ 100 , 000 for each failure to file . <br /> c. The undersigned certifies , to the best of his or her knowledge and belief, that: <br /> ( 1 ) No federally appropriated funds have been paid or shall be paid to any person for influencing or <br /> attempting to influence an officer or employee of any federal agency , a member of congress , an officer <br /> or employee of congress , or an employee of a member of congress in connection with the awarding <br /> of any federal loan , the entering into of any renewal , amendment, or modification of any federal <br /> contract, grant, loan or cooperative agreement. <br /> (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting <br /> to influence an officer or employee of congress , or an employee of a member of congress in <br /> connection with this federal contract, grant loan , or cooperative agreement, the undersigned shall <br /> complete and submit the standard formpisclosure of Lobbying Activities , according to its instructions . <br /> (3) The undersigned shall require that the language of this certification be included in award documents <br /> for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. <br /> 39 . State Restrictions on Lobbying <br /> In addition to the provisions contained in Item 38 of Section G , Conditions of Acceptance and Agreement, the <br /> expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this <br /> contract. <br /> 40 . " Pay —to-Stay" <br /> Funds from this award may not be used to operate a "pay-to-stay" program in any local jail . Furthermore , no <br /> funds may be given to local jails that operate " pay-to-stay" programs . " Local jail" , as referenced in this <br /> condition , means an adult facility or detention center owned and/or operated by city, county , or municipality . <br /> It does not include juvenile detention centers. " Pay-to-stay" programs as referenced in this condition , means <br /> a program by which extraordinary services , amenities and/or accommodations , not otherwise available to the <br /> general inmate population , may be provided , based upon as offender' s apparent ability to pay, such that <br /> disparate conditions of confinement are created for the same or similar offenders within a jurisdiction . <br /> 41 . Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine <br /> Laboratories <br /> If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply <br /> FDLE Byrne Formula Grant Application Package Grant Application <br /> Section 11 - Page 21 <br /> Rule 11 D-9.006 OCJG - 005 (rev. April 2004) <br />