|
•
<br />A. No STATE or Federal appropriated funds have been paid or will be paid, by or on
<br />behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an
<br />officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States
<br />Congress, an officer or 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 contract including this
<br />Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and
<br />the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract,
<br />grant, loan, or cooperative contract.
<br />B . If any funds other than Federal appropriated funds have been paid, or will be paid,
<br />to any person for influencing or attempting to influence an officer or employee of any Federal agency, a
<br />member of Congress, an officer or employee of Congress or an employee of a member of Congress in
<br />connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall
<br />complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the
<br />form instructions.
<br />C . This certification is a material representation of fact upon which reliance was placed
<br />when this Agreement was made or entered into. Submission of this certification is a prerequisite for
<br />making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who
<br />fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
<br />more than $100,000 for each such failure.
<br />2. ADMINISTERING AGENCY also agrees by signing this document that the language of
<br />this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such
<br />sub-recipients shall certify and disclose accordingly.
<br />ARTICLE VII -MISCELLANEOUS PROVISIONS
<br />1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or
<br />liability occurring by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY
<br />under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING
<br />AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code
<br />Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE,
<br />its officers, and employees from all claims, suits or actions of every name; kind and description brought
<br />for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of
<br />anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any
<br />work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. STATE
<br />reserves the right to represent itself in any litigation in which STATE's interests are at stake.
<br />2. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be
<br />responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by
<br />STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this
<br />AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4,
<br />STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed
<br />for injury (as defined by Government Code Section 810.8) occurring by reason of anything done, or
<br />omitted to be done, by STATE under, or in connection with, any work, authority, or jurisdiction delegated
<br />to STATE under this Agreement. ADMINISTERING AGENCY reserves the right to represent itself in
<br />any litigation in which ADMINISTERING AGENCY's interests are at stake.
<br />3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
<br />AGENCY, when engaged in the performance of this Agreement, shall act in an independent capacity and
<br />not as officers, employees or agents of STATE.
<br />6 11/29/95
<br />
|