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39 <br /> <br />against them for commission of fraud or a criminal offense in <br />connection with obtaining, attempting to obtain, or performing a <br />public (Federal, State or local) transaction or contract under a <br />public transaction; violation of Federal or State antitrust statues or <br />commission of embezzlement, theft, forgery, bribery, falsification or <br />destruction of records, making false statements, or receiving stolen <br />property; <br /> <br />3). <br /> <br />Are not presently indicted for or otherwise criminally or civilly <br />charged by a government entity (Federal, State or local) with <br />commission of any of the offenses enumerated in paragraph (a)2 of <br />this certification; and <br /> <br />4). <br /> <br />Have not within a three year period preceding approval of their <br />application, had one or more public transactions (Federal, State or <br />local) terminated for cause or default. <br /> <br /> SECTION 9. The City hereby assures and certifies with respect to its application <br />for a loan guarantee pursuant to Section 108 of the Housing and Community <br />Development Act of 1974, as amended, that it has made efforts to obtain financing for <br />the activities described herein without the use of such guarantee, that it will maintain <br />documentation of such efforts for the term of the loan guarantee, and that it cannot <br />complete such financing consistent with the timely execution of the program plans <br />without such guarantee. <br /> <br /> SECTION 10. The City has and will continue to hereby certify, to the best of its <br />knowledge and belief, the following: <br /> <br />(a) <br /> <br />No Federal appropriated funds have been paid or will be paid, by or on <br />behalf of it, to any person for influencing or attempting to influence an <br />officer or employee of any agency, a Member of Congress, an officer or <br />employee of Congress, or an employee of a Member of Congress in <br />connection with the awarding of any Federal contract, the making of any <br />Federal grant, the making of any Federal loan, the entering into of any or <br />cooperative agreement, and the extension, continuation, renewal <br />amendment, or modification of any /Federal contract, grant, loan or <br />cooperative agreement; <br /> <br />(b) <br /> <br />If any funds other than Federal appropriated funds have been paid or will <br />be paid to any person for influencing or attempting to influence an officer <br />or employee of any agency, a Member of Congress, an officer or <br />employee of Congress, or any employee of grant, loan or cooperative <br />agreement, it will complete and submit Standard Form LLL, "Disclosure <br />Form to Report Lobbying," in accordance with its instructions; and <br /> <br />Resolution No. 2000-O12 <br /> Page 3 of 6 <br /> <br /> <br />