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with obtaining, attempting to obtair’ or performing a public (federal, state, or local) transaction
or contract under a public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
Have not within a three-year period preceding this application had one or more public
transactions (federal, state, or local) terminated for cause or default.
38. 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.
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 31 USC 1352. 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.
_As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies that?
SFY2014 JAG Standard Conditions - Page 16 of 22
Rev, 09/2013
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal grant or cooperative agreement;
(2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all subgrant recipients
shall certify and disclose accordingly. ;
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
' 40. Additional Restrictions on Lobbying
The subgrant recipient understands: and agrees that it cannot use any federal funds, either
directly or indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval of the
Office of Justice Programs.
41. “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.
42. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the
Coastal Barrier Resources System.
43. Enhancement of Security .
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a schoo! security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
~~ Bepartment the aforementioned assessment in its Final Program Réporty “oe
SFY2014 JAG Standard Conditions Page 17 of 22
Rev. 09/2013 .
nme
44. Environmental Protection Agency’s (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of
Violating Facilities and that it will notify the Department of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
45. Flood Disaster Protection Act
The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in
communities where such insurance is available as a condition of the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified as an area having special flood hazards.
46. National Historic Preservation Act
it will assist the Department (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
47. Human Research Subjects
Subgrant recipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of
Justice Programs policies and procedures regarding the protection of human research subjects,
including obtainment of Institutional Review Board approval, if appropriate, and subject informed
consent. f
48. Global Standards Package
In order to promote information sharing and enable interoperability among disparate systems
across the justice and public safety community, OJP requires the grantee. to comply with DOJ's
Global Justice Information. Sharing Initiative (DOJ's Global) guidelines and recommendations for
this particular grant. Grantee shail conform to the Global Standards Package (GSP) and all
constituent elements, where applicable, as described at: www.it.ojp.gov/gsp_grantcondition.
Grantee shall document planned approaches to information sharing and describe compliance to
the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
49. Reporting, Data Collection and Evaluation ;
The subgrant recipient agrees to comply with all reporting, data collection and evaluatio
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
_ Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE.
50. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Subgrant recipient further agrees, as a condition of grant approval, to submit a
Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23. ; .
51. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
__ during the obligation and expenditures period. This is to facilitate communication among local
and state governmental entities regarding various information” technology “projects” being”
conducted with these grant funds. In addition, the subgrant recipient agrees to maintain an
SFY2014 JAG Standard Conditions Page 18 of 22
Rev. 09/2013
§2.
§3.
54.
55.
56.
57.
58.
59.
60.
administrative file documenting the meeting of this requirement. For a list of State Information
Technology Points of Contact, go to
www. it.ojp. gov/default. aspx ?area=policyAndPractice&&page=1046.
Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible,’ existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system. ;
Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
state or local funds; but will be used to increase the amounts of such funds that would, in the
absence of federal funds, be made available for law enforcement activities.
Conflict of Interest ;
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
Uniform Relocation Assistance and Real Property Acquisitions Act
‘The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally-assisted programs.
Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
Certification for Employees Working Solely on a Single Federal Award
For any position that works 100% of its time on a single federal award, the employee must certify
that 100% of his or her time was spent working on that federal award. This requirement applies
to both full time and part time positions regardless of the percentage of the position’s salary that.
is charged to the grant. The certification must be signed by both the employee and the
employee's direct supervisor having firsthand knowledge of the work performed by the
employee. The forms must be submitted semi-annually and may not be signed prior to the end of
the reporting period. Certifications must be provided to cover the entire
