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4. Have not, within a five (5)-year period preceding this Agreement, had one or more
<br />public transactions (Federal, State or Local) terminated for cause or default.
<br />If the Municipality is unable to obtain and provide such certification, then the Municipality shall attach an
<br />explanation to this Agreement as to why not.
<br />ARTICLE XVI
<br />LOBBYING PROHIBITION
<br />The Municipality certifies, by its Representative's signature to this Agreement, that to the best of his or her
<br />knowledge and belief:
<br />A. No Funds received by Municipality under this Agreement have been paid or will be paid, by or
<br />on behalf of the Municipality, to any person for influencing or attempting to influence an officer or employee of
<br />any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
<br />Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making
<br />of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
<br />amendment or modification of any Federal contract, grant, loan or cooperative agreement.
<br />B. If any monies, other than Funds received by Municipality under this Agreement, have been
<br />paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,
<br />a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
<br />connection with this Federal contract, grant, loan or cooperative agreement, the Municipality shall complete
<br />and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
<br />C. The Municipality shall require that this certification be included in the award documents for all
<br />subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
<br />agreements) and that all such sub -recipients shall certify and disclose accordingly.
<br />D. 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 making or entering
<br />into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
<br />certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
<br />such failure.
<br />ARTICLE XVII
<br />LIABILITY AND INDEMNIFICATION
<br />The Municipality is solely responsible to the parties it deals within carrying out the terms of this Agreement. To
<br />the extent and within the limitations of section 768.28, Florida Statutes, as amended, the Municipality shall be
<br />responsible for and agrees to indemnify and hold harmless and defend the County and its boards,
<br />commissions, agencies, officers and employees from and against all third party claims, demands and causes
<br />of actions, of any nature whatsoever, directly resulting from the willful misconduct or negligent acts or
<br />omissions of the Municipality, its officers, agents, employees, or subcontractors in its performance under this
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