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Page 39 of 51 <br />(3) "Private entity": <br />(i) Means any entity other than a state, local government, Indian tribe, or foreign <br />public entity, as those terms are defined in 2 CFR 175.25. <br />(ii) Includes: <br />(A) A nonprofit organization, including any nonprofit institution of higher <br />education, hospital, or tribal organization other than one included in the <br />definition of Indian tribe at 2 CFR 175.25(b). <br />(B) A for -profit organization. <br />(4) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the <br />meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). <br />15. NEW RESTRICTIONS ON LOBBYING (43 CFR 18) <br />The Recipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, including the <br />following certification: <br />(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the <br />Recipient, to any person for influencing or attempting to influence an officer or employee of <br />an agency, a Member of Congress, and officer or employee of Congress, or an employee of a <br />Member of Congress in connection with the awarding of any Federal contract, the making of <br />any Federal grant, the making of any Federal loan, the entering into of any cooperative <br />agreement, and the extension, continuation, renewal, amendment, or amendment of any <br />Federal contract, grant, loan, or cooperative agreement. <br />(b) If any funds other than Federal appropriated funds have been paid or will be paid to any <br />person for influencing or attempting to influence an officer or employee of any agency, a <br />Member of Congress, an officer or employee of Congress, or an employee of a Member of <br />Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the <br />undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report <br />Lobbying" in accordance with its instructions. <br />(c) The Recipient shall require that the language of this certification be included in the award <br />documents for all subawards at all tiers (including subcontracts, subgrants, and contracts <br />under grants, loans, and cooperative agreements) and that all subrecipients shall certify <br />accordingly. This certification is a material representation of fact upon which reliance was <br />placed when this transaction was made or entered into. Submission of this certification is a <br />prerequisite for making or entering into this transaction imposed by Section 1352, title 31, <br />U.S. Code. Any person who fails to file the required certification shall be subject to a civil <br />penalty of not less than $10,000 and not more than $100,000 for each such failure. <br />R22AP00055 Agreement Template <br />City of Santa Ana (0112021) <br />