Agmt13 Alta Planning and Design FHWA/CALTRANS Funded

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determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 30.3. All subcontracts in excess $25,000 shall contain the provisions in this Section. 31. Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the Agreement price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 32. Prohibition on Lobbvinq. Consultant certifies that: A. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; the CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required ce�tification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Consultant also agrees that all lower-tier subcontracts which exceed $100,000 shall include the language of this certification, and that all such sub recipients shall certify and disclose accordingly. ATTY/AGR/2013.039/FHWA CALTRANS FUNDED PROFESSIONAL AGR WALK BIKE ASSESSMENTS REV:03-14-13 VR Page 12 of 30