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Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 37. Federal Restrictions on Lobbying a . Each subgrant recipient agrees to comply with 28 CFR Part 69 , "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form , if applicable , with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $ 100,000 or more; or federal loan of $ 150 ,000 or more . b . This certification is a material representation of fact upon which reliance 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 , Title 31 , United States Code . Any person who fails to file the required certification is subject to a civil penalty of not less than $ 10,000 and not more than $ 100 ,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: ( 1 ) No federally appropriated funds have been paid or shall be paid to any person for influencing or a ttempting t o i nfluence a n o fficer o r e mployee o f a ny f ederal a gency, a m ember o f 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 of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan , or cooperative agreement, the undersigned shall complete and submit the standard form , Disclosure of Lobbying Activities, according to its instructions . (3 ) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 38. State Restrictions on Lobbying In addition to the provisions contained in Item 38 , above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 39. "Pay —to -Stay" Funds from this award may not be used to operate a "pay-to-stay' program in any local jail . Furthermore, no funds may be given to local jails that operate "pay-to-stay' programs . "Local jail", as referenced in this condition , means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay' programs as referenced in this condition , means a program by which extraordinary services , amenities and/or accommodations, not otherwise available to the general inmate population , may be provided , based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction . 40 . Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition , which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 22 Rule 11 D-9.006 OCJG - 005 (rev. April 2004)