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2, subject to cease and desist order not subject to review issued pursuant to
<br />§ 13301 of the Water Code for violation of waste discharge requirements or
<br />discharge prohibitions; or
<br />3. finally determined to be in violation of provisions of federal law relating to
<br />air or water pollution.
<br />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
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