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iv. Have not within a three year period preceding this agreement had one or more public <br /> transactions (federal, State or local) terminated for cause of default. <br /> <br />v. Where the prospective primary participant is unable to certify to any of the statements in this <br /> certification, such prospective participant shall attach an explanation to this agreement. <br /> <br />h. Lobbying Restrictions: By signing this agreement the Subgrantee hereby assures and certifies <br /> to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93. <br /> <br />No federal appropriated funds have been paid, by or on behalf of the undersigned, to any <br />person for influencing or attempting to influence an officer or employee of an agency, a <br />Member of Congress, an officer or employee of Congress, or a employee of a Member of <br />Congress, in connection with this federal contract, grant loan, or cooperative agreement, <br />and the extension, continuation, renewal, amendment, or modification of any federal <br />contract, grant, loan, or cooperative agreement. <br /> <br />ii. <br /> <br />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, and officer or employee of Congress, or an employee of a Member of <br />Congress, in connection with this federal contract, grant, loan, and cooperative agreement, <br />the undersigned shall complete and submit Standard Form-LLL (exhibit 1), "Disclosure <br />Form to Report Lobbying". In accordance with its instructions. <br /> <br />iii. <br /> <br />The undersigned shall require that the language of this certification be included in the award <br />documents for subgrant/contract transactions over $100,000 (per OMB) at all tiers (including <br />subgrants, contracts and subcontracts, under grants, loan, or cooperative agreements, and that <br />all subrecipients shall certify and disclose accordingly. <br /> <br />iv. <br /> <br />This certification is a material representation of fact upon which reliance is placed when this <br />transaction is executed. Submission of this certification is a prerequisite for making or <br />entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person <br />who fails to file the 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. <br /> <br />Union Activities: Subgrantee, by signing this Grant, hereby acknowledges the applicability of <br />Government Code 16645 through 16649 to this Agreement. Furthermore, Subgrantee, by signing <br />this agreement, hereby certifies that: <br /> <br />i. No state funds disbursed by this grant will be used to assist, promote or deter union <br /> organizing. <br /> <br />ii. Subgrantee shall account for state funds disbursed for a specific expenditure by this grant, to <br /> show those funds were allocated to that expenditure. <br /> <br />iii. Subgrantee shall, where state funds are not designated as described in (2) above, allocate, on a <br /> pro-rata basis, all disbursements that support the grant program. <br /> <br />iv. <br /> <br />If Subgrantee makes expenditures to assist, promote or deter union organizing, Subgrantee will <br />maintain records sufficient to show that no state funds were used for those expenditures, and <br />that Subgrantee shall provide those records to theAttorney General upon request. <br /> <br /> <br />