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ATTY/AGR/2016.053/CDM SMITH <br />REV: 03-22-16 JS <br />Page 15 of 18 <br />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 /> <br />35. Prohibition Of Expending Local Agency State or Federal Funds For Lobbying. <br /> <br /> 35.1 Consultant certifies to the best or his or her knowledge and belief that: <br /> <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 /> <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 /> <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 /> <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 /> <br />36. Disputes. <br /> <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 />6.1.B. - Page 17