Laserfiche WebLink
34 . Rebates, Kickbacks or Other Unlawful Consideration . Consultant warrants that this <br /> Agreement was not obtained or secured through rebates kickbacks or other unlawful <br /> consideration, either promised or paid to any City employee. For breach or violation of this <br /> warranty, City shall have the right, in its discretion , to terminate the Agreement without liability; <br /> to pay only for the value of the work actually performed; or to deduct from the Agreement price; <br /> or otherwise recover the full amount of such rebate, kickback or other unlawful consideration . <br /> 35. Prohibition Of Expending Local Agency State or Federal Funds For Lobbying. <br /> 35. 1 Consultant certifies to the best or his or her knowledge and belief that: <br /> 35. 1 . 1 No state, federal or local agency appropriated funds have been paid , or <br /> will be paid by-or-on behalf of Consultant to any person for influencing or <br /> attempting to influence an officer or employee of any state or federal agency; a <br /> Member of the State Legislature or United States Congress; an officer or <br /> employee of the Legislature or Congress; or any employee of a Member of the <br /> Legislature or Congress, in connection with the awarding of any state or federal <br /> contract; the making of any state or federal grant; the making of any state or <br /> federal loan; the entering into of any cooperative agreement, and the extension , <br /> continuation , renewal , amendment, or modification of any state or federal <br /> contract, grant, loan , or cooperative agreement. <br /> 35. 1 .2 If any funds other than federal appropriated funds have been paid , or will <br /> be paid to any person for influencing or attempting to influence an officer or <br /> employee of any federal agency; a Member of Congress; an officer or employee <br /> of Congress, or an employee of a Member of Congress; in connection with this <br /> federal contract, grant, loan, or cooperative agreement; Consultant shall <br /> complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", <br /> in accordance with its instructions. <br /> 35.2 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 <br /> is a prerequisite for making or entering into this transaction imposed by Section 1352 , <br /> Title 31 , U .S . Code. Any person who fails to file the required certification shall be <br /> subject to a civil penalty of not less than $10,000 and not more than $ 100,000 for each <br /> such failure. <br /> 35.3 Consultant also agrees by signing this document that he or she shall require that <br /> the language of this certification be included in all lower-tier subcontracts, which exceed <br /> $ 100,000 and that all such sub recipients shall certify and disclose accordingly. <br /> 36 . Disputes. <br /> 36 . 1 . Disputes Generally. Any dispute, other than audit, concerning a question of fact <br /> arising under this Agreement that is not disposed of by agreement shall be decided by a <br /> committee consisting of the City's Contract Administrator and the Community <br /> Development Director, who may consider written or verbal information submitted by <br /> Consultant. Not later than 30 days after completion of all work under this Agreement, <br /> Consultant may request review by City's City Manager or designee of unresolved claims <br /> or disputes, other than audit. The request for review must be submitted in writing . <br /> ATTY/AGR/2016.053/CDM SMITH <br /> REV: 03-22-16 JS <br /> Page 15 of 18 <br />