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m. Clean Air Act: Subrecipient agrees to comply with all applicable standards, orders or
<br /> regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671q) and the
<br /> Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387).
<br /> n. Domestic Partners: For contracts over $100,000 executed or amended after January 1,
<br /> 2007, the Subrecipient certifies that it is in compliance with Public Contract Code
<br /> § 10295.3.
<br /> o. Debarment and Suspension Certification: By signing this subgrant agreement, the
<br /> Subrecipient hereby certifies under penalty of perjury under the laws of the State of
<br /> California that the Subrecipient will comply with regulations implementing Executive
<br /> Orders 12549 and 12689, Debarment and Suspension and OMB Guidance 2 CFR Part 180,
<br /> that the prospective participant (i.e., Subrecipient), to the best of its knowledge
<br /> and belief, that it and its principals:
<br /> 1. Are not presently debarred, suspended, proposed for debarment, declared
<br /> ineligible, or voluntarily excluded from covered transactions by any federal
<br /> department or agency.
<br /> 2. Have not within a three-year period preceding this subgrant agreement been
<br /> convicted of or had a civil judgment rendered against them for commission of
<br /> fraud or a criminal offense in connection with obtaining, attempting to obtain,
<br /> or performing a public (federal, state or local) transaction or contract under a
<br /> public transaction, violation of federal or state antitrust statutes, or
<br /> commission of embezzlement, theft, forgery, bribery, falsification, or
<br /> destruction of records, making false statements, or receiving stolen property.
<br /> 3. Are not presently indicted for or otherwise criminally or civilly charged by a
<br /> government entity (federal, state or local) with commission of any of the
<br /> offenses enumerated in Section 2 of this certification.
<br /> 4. Have not within a three-year period preceding this subgrant agreement had one or
<br /> more public transactions (federal, state or local) terminated for cause of
<br /> default.
<br /> Where the Subrecipient is unable to certify to any of the statements in this
<br /> certification, such prospective participant shall attach an explanation to this
<br /> agreement.
<br /> p. Lobbying Restrictions: By signing this subgrant agreement, the Subrecipient hereby
<br /> assures and certifies to the lobbying restrictions in 2 C.F.R. §200.450, 29 CFR Part
<br /> 93 and in the Byrd Anti-Lobbying Amendment (31 U.S.C. §1352).
<br /> 1. No federal appropriated funds have been paid, by or on behalf of the undersigned,
<br /> to any person for influencing or attempting to influence an officer or employee
<br /> of an agency, a Member of Congress, an officer or employee of Congress, or an
<br /> employee of a Member of Congress, in connection with this federal contract, grant
<br /> loan, or cooperative agreement, and the extension, continuation, renewal,
<br /> amendment, or modification of any federal contract, grant, loan, or cooperative
<br /> agreement.
<br /> 2. If any funds other than federal appropriated funds have been paid or will be paid
<br /> to any person for influencing or attempting to influence an officer or employee
<br /> of any agency, a Member of Congress, and officer or employee of Congress, or an
<br /> employee of a Member of Congress, in connection with this subgrant agreement, the
<br /> undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
<br /> Report Lobbying" in accordance with its instructions.
<br /> 3. The undersigned shall require that the language of the lobbying restrictions be
<br /> included in the award documents for subgrant agreement transactions over $100,000
<br /> (per OMB) at all tiers (including subgrant agreements, contracts and
<br /> subcontracts, under grants, loan, or cooperative agreements), and that all
<br /> subrecipients shall certify and disclose accordingly.
<br /> 4. This certification is a material representation of fact upon which reliance is
<br /> placed when this transaction is executed. Submission of the Lobbying
<br /> Certification is a prerequisite for making or entering into this transaction
<br /> imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
<br /> required certification shall be subject to a civil penalty of not less than
<br /> $10,000 and not more than $100,000 for each failure.
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