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<br /> 5. Lobbying
<br /> Sub-Recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. Sub-Recipient shall include
<br /> the language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub-
<br /> awardees submit certification and disclosure forms accordingly.
<br /> In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title
<br /> 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less
<br /> than $10,000 and not more than$100,000 for each expenditure.
<br /> Part 30 Recipients
<br /> All contracts awarded by Sub-Recipient shall contain, when applicable, the anti-lobbying provisions as stipulated in
<br /> the Appendix at Title 40 CFR Part 30.
<br /> Pursuant to Section 18 of the Lobbying Disclosure Act, Sub-Recipient affirms that it is not a non-profit organization
<br /> described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in
<br /> Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the
<br /> Lobbying Disclosure Act.
<br /> Lobbying and Litigation
<br /> Sub-Recipient's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to
<br /> engage in lobbying of the Federal Government or in litigation against the United States unless authorized under
<br /> existing law. Sub-Recipient shall abide by its respective OMB Circular(A-21,A-87, orA-122), which prohibits the use
<br /> of Federal grant funds for litigation against the United States or for lobbying or other political activities.
<br /> 6. Certification Regarding Suspension, Debarment, Ineligibility or Voluntary Exclusion
<br /> a. The SUB-RECIPIENT, by signing this agreement, certifies that it is not suspended, debarred, proposed for
<br /> debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from
<br /> receiving contracts paid for with federal funds. If the SUB-RECIPIENT is unable to certify to the statements
<br /> contained in the certification, they must provide an explanation as to why they cannot.
<br /> b. The SUB-RECIPIENT shall provide immediate written notice to the Department if at any time the SUB-
<br /> RECIPIENT learns that its certification was erroneous when submitted or had become erroneous by reason of
<br /> changed circumstances.
<br /> c. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
<br /> person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
<br /> the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You
<br /> may contact the department for assistance in obtaining a copy of those regulations.
<br /> d. The SUB-RECIPIENT agrees it shall not knowingly enter into any lower tier covered transaction with a person
<br /> who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
<br /> declared ineligible, or voluntarily excluded from participation-in this covered transaction.
<br /> e. The SUB-RECIPIENT further agrees by signing this agreement, that it will include this clause titled
<br /> "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION"
<br /> without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
<br /> f. Pursuant to 2 CFR 180.330, the SUB-RECIPIENT is responsible for ensuring that any lower tier covered
<br /> transaction complies with certification of suspension and debarment requirements.
<br /> g. SUB-RECIPIENT acknowledges that failing to disclose the information required in the Code of Federal
<br /> Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies,
<br /> including suspension and debarment.
<br /> h. SUB-RECIPIENT agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are
<br /> not suspended or debarred, and will make this proof available to the Department upon request. SUB-RECIPIENT
<br /> must run a search in www.epls.gov and print a copy of completed searches to document proof of compliance.
<br /> 7. Drug-Free Workplace Certification
<br /> Sub-Recipient must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific
<br /> requirements set forth in Title 40 CFR 36.200-36.230.Additionally, in accordance with these regulations, Sub-
<br /> Recipient organization must identify all known workplaces under its federal award; and keep this information on file
<br /> during the performance of the award.
<br /> Sub-Recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300.
<br /> The consequences for violating this condition are detailed under Title 40 CFR 36.510. Sub-Recipients can access the
<br /> Code of Federal Regulations(CFR)Title 40 Part 36 at:
<br /> http://www.access.gpo.gov/nara/cfr/waisidx 06/40cfr36 06.html
<br /> 8. Management Fees
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