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state or federal grant; the making of any state or federal loan; the entering into of any <br /> cooperative agreement, and the extension, continuation, renewal, amendment, or <br /> modification of any state or federal contract, grant, loan, or cooperative agreement. <br /> B. If any funds other than federal appropriated funds have been paid, or will be paid to <br /> any person for influencing or attempting to influence an officer or employee of any <br /> federal agency; a Member of Congress; an officer or employee of Congress, or an <br /> employee of a Member of Congress; in connection with this federal contract, grant, <br /> loan, or cooperative agreement; the CONSULTANT shall complete and submit <br /> Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its <br /> instructions. <br /> This certification is a material representation of fact upon which reliance was placed when this <br /> transaction was made or entered into. Submission of this certification is a prerequisite for <br /> making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any <br /> person who fails to file the required certification shall be subject to a civil penalty of not less <br /> than $10,000 and not more than $100,000 for each such failure. Consultant also agrees that <br /> all lower-tier subcontracts which exceed $100,000 shall include the language of this <br /> certification, and that all such sub recipients shall certify and disclose accordingly. <br /> 33. Disputes. <br /> 33.1. Disputes Generallv. 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 Manager and the Community Development <br /> Director, who may consider written or verbal information submitted by Consultant. Not <br /> later than 30 days after completion of all deliverables necessary to complete the <br /> Services under this Agreement, Consultant may request review by the City Manager of <br /> unresolved claims or disputes, other than audit. The request for review must be <br /> submitted in writing. Neither the pendency of a dispute, nor its consideration by City will <br /> excuse Consultant from full and timely performance in accordance with the terms of this <br /> Agreement. <br /> 33.2. Audit Review Disputes. Any dispute concerning a question of fact arising under <br /> an interim or post audit of this Agreement that is not disposed of by agreement shall be <br /> reviewed by City's Finance Director. Not later than 30 days after issuance of the final <br /> audit report, Consultant may request a review by City's Finance Director of unresolved <br /> audit issues. The request for review will be submitted in writing. Neither the pendency <br /> of a dispute nor its consideration by City will excuse Consultant from full and timely <br /> perFormance, in accordance with the terms of this Agreement. <br /> 34. Remedies. City shall have the right, in addition to any other administrative, contractual, <br /> or legal rights or remedies, to institute any action at law or in equity to cure, correct, prevent or <br /> remedy any violation of breach of this Agreement, or to recover damages for any violation or <br /> breach, or to obtain any other remedy consistent with the purpose of this Agreement. <br /> 35. Certifications. The certifications attached as Exhibit "D" are incorporated herein by this <br /> reference and made a part hereof. <br /> REV:09-26-13 VR <br /> ATTY/AGR/2013.169/BELLECCI&ASSOCIATES Page 13 of 38 <br /> CHARTER ST.SRTS <br />