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(3) Consultant shall requires that the language of this certification be included <br />in the award documents of all sub -awards at all tiers (including subcontracts, <br />subgrants, and contracts under grants, loans and cooperative agreements) and <br />that all subrecipients shall certify and disclose accordingly; and <br />(4) This certification is a material representation of fact upon which reliance <br />was placed when this transaction was made or entered into. Submission of this <br />certification is a prerequisite for making or entering into this transaction <br />imposed by section 1352, title 31, U.S. Code. Any person who fails to file the <br />required certification shall be subject to civil penalty of not less than $10,000 <br />and not more than $100,000 for each such failure. <br />g. Restriction on State Lobbyine- None of the funds under this Agreement will be <br />used for any activity specifically designated to urge or influence a State or local <br />legislator to favor or oppose the adoption of any specific legislative proposal <br />pending before any State or local legislative body. Such activities include both <br />direct and indirect (e.g. grassroots) lobbying activities, with one exception. <br />This does not preclude a State official whose salary is supported with NHTSA <br />funds from engaging in direct communications with State or local legislative <br />officials in accordance with custom State practice, even if such communications <br />urge legislative officials to favor or oppose the adoption of a specific pending <br />legislative proposal. <br />h. Consultant shall provide to City all records and information requested by City <br />for inclusion in quarterly reports and such other reports or records as City <br />may be required to provide to the agency from which City received grant <br />funds or other persons or agencies. <br />i. Section 504 of the Rehabilitation Act of 1973 - All recipients of <br />federal funds must comply with Section 504 of the Rehabilitation Act <br />of 1973 (The Act). Therefore, the federal funds recipient pursuant to the <br />requirements of The Act hereby gives assurance that no otherwise qualified <br />handicapped person shall, solely by reason of handicap be excluded from the <br />participation in, be denied the benefits of or be subject to discrimination, <br />including discrimination in employment, in any program or activity that <br />receives or benefits from federal financial assistance. The Consultant agrees it <br />will ensure that requirements of The Act shall be included in the agreements <br />with and be binding on all of its contractors, subcontractors, assignees or <br />successors. <br />j. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply <br />with all requirements of the Americans with Disabilities Act of 1990 (ADA), <br />as applicable. <br />k. Political Activity - None of the funds, materials, property, or services <br />provided directly or indirectly under this Agreement shall be used for any <br />partisan political activity, or to further the election or defeat of any candidate <br />Page 9 of 13 <br />