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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0261 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23' 24 25 26 27 28 29 30 31 32 33 34 35 I Temp. Reso. #iL�-39 Revised 2/9/94 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94-'�( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA APPROVING THE JOINT GRANT APPLICATION WITH THE CITY OF SUNRISE FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PROMOTION OF NATURAL GAS AS AN ALTERNATIVE FUEL SOURCE AND APPROVING MATCHING GRANT FUNDING IN THE AMOUNT OF $43,500.00 TO PURCHASE 2 (TWO) CONVERTED NATURAL GAS VEHICLES FOR THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Federal Energy Policy Act of 1992 has mandated that all cities across the country must convert 20 percent of its fleet to run on alternate fuels by the year 2001; and WHEREAS, the City of Tamarac recognizes the need to comply with the federal mandate; and WHEREAS, the City Council of the City of Tamarac recognizes that natural gas is considered an attractive alternative to conventional gasoline; and WHEREAS, in October, 1993 the Tamarac City Manager's Office initiated a request to the City of Sunrise to be included in the City of Sunrise grant application to the State of Florida, Department of Community Affairs; and WHEREAS, the Florida Department of Community Affairs Grant Program provides for a 50% reimbursement of all converted natural gas vehicles; and WHEREAS, the City of Tamarac has received favorable grant funding through the City of Sunrise application; and WHEREAS, the •-City Council of the City of Tamarac deems it in the best interest to the citizens of the City to participate in this grant program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are N Temp. Reso. #G637 Revised 2/9/94 hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That receipt of an Alternative Fuel Vehicle Initiative contract with the City of Sunrise in the amount of $250,000.00 from the State of Florida Department of Community Affairs for the promotion of natural gas as a vehicle fuel is hereby approved. A copy of the Contract for Services is attached to and made a part of this Resolution as Exhibit 1. SECTION 3: That subject to this grant, the City of Tamarac is to purchase One (1) 1994 3/4 ton dedicated CNG pickup truck for the amount of $21,800 and One (1) 1994 12 passenger van for the amount of $21,700 for a total amount of $43,500. SECTION 4: That the City of Tamarac will allocate matching grant funding in the amount of $43,500, to be expended from the following budgets: Grants Matching Funds Account #001-872-519-830 and Contingency Account #001-872-588-975 Funds to be transferred into the approved Grant Account. SECTION 5: Upon completion of the grant project, the Florida Department of Community Affairs will reimburse the City of Tamarac $21,800. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. ,ECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. NAT'L GAS/VE IICLE(rkt) MAYOR DIST 1: DIST. 2: DIST. 3: DIST. 4: Q Temp. Reso. 4a39 Revised 2/9/94 .1 9 day of , 1994. H.L. BENDER MAYOR RECORD OF COUNCIL VOTE �7,41'-� CITY OF SUNRISE CONTRACT FOR SERVICES This contract is made as of the day of , 1994, between the STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, FLORIDA ENERGY OFFICE, hereinafter referred to as the "Department," and THE CITY OF SUNRISE, hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS, the Contractor represents that it is professionally qualified, possesses the requisite skills, knowledge, qualifications, and experience to provide the profes- sional services described herein, and does offer to perform such services for the Department, and WHEREAS, the Department has a need for such services and does accept the offer of the Contractor upon the terms and conditions hereinafter set forth. NOW, THEREFORE, the Department and Contractor do mutually agree as follows: ARTICLE I. COVENANT FOR SERVICES A. The Department does hereby retain the Contractor to perform the services defined herein and the Contractor does hereby agree to perform such services for the Department upon the terms and conditions set forth in this contract. B. The Contractor shall perform and render as an independent contractor and not as an agent, representative, or employee of the Department, all services as described in this contract in a proper and satisfactory manner as determined by the Department. ARTICLE II. CONDITIONS OF CONTRACT The Contractor will: A. Assist the Department in complying with all applicable regulations concerning the State Energy Conservation Program (SECP) as described in the Code of Federal Regulations, Title 10, Part 420, the Financial Assistance Rules described in Title 10, Part 600, as well as those regulations concerning the use of oil overcharge recovery funds. 1 B. Comply with all conditions contained in Attachment A titled "Standard Conditions of Contract" attached hereto and made a part hereof by reference. C. Within thirty (30) days from the execution of this contract, provide the Department with a workplan and milestone chart detailing the tasks, milestones, meetings, and critical product delivery dates. This document will serve as the primary management tool for on -time performance between the Department and the Contractor. Once approved by the Department, the dates indicated on the milestone chart may be modified only with the prior written approval of the Department. Prior to the approval of the workplan, the Contractor shall not undertake any substantial program activity without first obtaining written approval from the Department. As part of the workplan, the Contractor shall identify how the project will be evaluated. The evaluation plan will include means to provide the information required in the final report, identified in Article IV, Section C. i D. The Department reserves the right to transfer equipment acquired under this contract as provided for in Title 10, Part 600.117. ARTICLE III. DEFINITION SCOPE AND QUAL= OF SERVICES A. DEFINITION The objective of this project is to expand the use of alternative fuel vehicles (AFVs) on the local level and increase citizen awareness of alternatives to gasoline and diesel fuels for transportation. This project will consist of vehicle conversions to compressed natural gas, purchase of original equipment manufactured (OEM) natural gas vehicles, and installation of 20 slow fill hoses for overnight vehicle refueling. For the purposes of this contract, the term "Subcontractor" shall include, but not be limited to, the City of Tamarac. B. PROJECT SCOPE AND TASKS The Contractor will purchase 19 OEM compressed natural gas (CNG) vehicles, to compare the performance, maintenance requirements, and emissions of an OEM vehicle and a converted vehicle. Two of the CNG vehicles purchased will be owned by the City of Tamarac, the remainder will be the property of the Contractor. The 40 Contractor will also convert eight vehicles to run on CNG and install slow fill hoses to an existing CNG fueling facility. A public outreach program will be developed including public relations activities. In order to achieve the objectives of this project, the Contractor will complete the following tasks. K C� 1. _Refueling Facilities - The Contractor will use its two existing CNG fueling stations to serve the needs of the Contractor, its Subcontractor, and the general public. In addition, the Contractor will install a line from one of its existing refueling stations to supply CNG to 20 slow fill hoses for refueling vehicles overnight. The Contractor will comply with the National Fire Protection Association's Rule 52 and all other applicable safety regulations/ requirements. 2. Vehicle Conversions and Purchase -The Contractor will convert eight vehicles to operate on CNG. The following vehicles will be converted: 1 - 1993 Ford Econoline 350, 30 passenger bus (Sunrise Leisure Services Department) 6 - 1994 pickup trucks (2 each, Sunrise Utilities Department, Planning and Engineering Department, and Code Enforcement Department) 1 - Recycling Truck (to be converted from diesel to CNG) The Contractor will purchase 19 OEM CNG vehicles. The following vehicles will be purchased: 10 - 1994 Chevrolet Caprice sedans with police package (Sunrise Police Department) 3 - 1994 Dodge B-Series vans (Sunrise Gas Department) 4 - 1994 3/4 ton dedicated pickup trucks (Sunrise Utilities Department) 1 - 1994 12 passenger van (City of Tamarac) 1 - 1994 3/4 ton dedicated pickup truck (City of Tamarac) 3. Mechanic and 0 erator Training - The Contractor will provide training on the maintenance of the converted and OEM vehicles for all automotive mechanics involved with the project. In addition, the Contractor will ensure that drivers of the converted and OEM vehicles receive training in the operation and maintenance of the vehicles and refueling facilities and that only properly trained individuals operate the alternatively fueled vehicles and the CNG refueling facilities. 4. Technology Transfer and Public Outreach - All vehicles operating as a part of this project will be clearly identified as alternative fuel vehicles. Vehicles participating in the project will be made available for public events and used for educational programs in addition to regular operating requirements. The Contractor . will take all reasonable steps to keep the local and national media representatives informed of the project and the progress of its activities including dedication of facilities, vehicle deliveries and other such activities as deemed appropriate by mutual consent of the Contractor and the Department. The Contractor's Public Information Office will issue news releases, news letters, and bulletins regarding the progress of the project. iv The Contractor will participate in the Gold Coast Clean Cities Coalition and share its experience with AFVs with other coalition members. In support of these activities, the Contractor will identify public and private fleets within a five mile radius of its fueling facilities that would be potential candidates to use AFVs. A list of the identified fleets will be forwarded to the Department and the Contractor will encourage the use of AFVs by these public and private fleets and make its CNG stations available to accommodate fueling requirements as capacity allows. 5. Testing, Evaluation and Record Kee in - Logs on mileage and fuel consumption will be kept by the vehicle operators to determine miles per gallon statistics. The Contractor will maintain documentation of fuel efficiency and operations costs for all city -owned converted and OEM vehicles. Logs detailing fleet operations will be kept to include maintenance records and down -time days for either supply or maintenance reasons. Samples of motor oil, taken from vehicles during routine oil changes, will be tested to determine the degree of contamination, if any, of the oil. The Contractor will make vehicles available for emissions testing by the Florida Department of Environmental Protection (FDEP). This testing will be scheduled at a location and time mutually agreeable to the Contractor, the Department and the FDEP. The Contractor will provide a final evaluation report based on the testing procedures outlined above. ARTICLE IV. EVALUATION AND REPORTING REQUIREMENTS A. MONTHLY AND QUARTERLY REPORTS The Contractor will report informally on a monthly basis the activities which have been conducted on this contract, and formally on a quarterly basis. The quarterly report is to be received by the Department no later than the fifteenth day of the month following the end of each calendar quarter. The quarterly report will briefly describe the activities undertaken, workplan milestones reached, difficulties incurred, steps taken to overcome them, and the current financial status of the contract. I* B. FINAL REPORT The Contractor shall provide to the Department a final narrative report which details and evaluates the accomplishments and impacts of the project. The report shall include any policy recommendations which may be of assistance in implementing other projects of this nature. This final report shall be submitted within thirty (30) days of the expiration of this contract. 4 0 C. EVALUATION The final report shall include an evaluation of the energy savings directly attributable to the project, the methodologies used, data verification, and projections of estimated energy savings expected to accrue from the project. ARTICLE V. CONSIDERATION FOR CONSULTANT SERVICES A. This is a cost -reimbursement contract. As consideration for the services rendered by the Contractor under this contract, the Department agrees to pay the Contractor a sum not to exceed two hundred fifty thousand dollars ($250,000) as reimbursement for expenses incurred for the full and successful completion of this contract. Invoices will be accepted for payment on a quarterly basis with documentation of expenses. The Department reserves the right to withhold payment of invoices until such time as milestones identified in the workplan have been met. The Contractor shall use forms approved by the Department when reporting expenses. B. The Contractor shall expend funds in accordance with the budget in Attach- ment B to this contract. The Contractor may move up to 20 percent of the amount of one budget line item to another budget line item with the approval of the Department's Contract Manager. The Contractor may make other budget adjustments only with the prior written approval of the Department. C. All invoices and requests for reimbursement shall be submitted and records maintained in compliance with all applicable state and federal laws, rules, regulations and guidelines, and the policies of the Department. All reimbursement for travel expenses will be made in accordance with Section 112.061, Florida Statutes. All invoices will be submitted in sufficient detail to allow for a proper pre- and post - audit. D. The final invoice shall be submitted within thirty (30) days of expiration of this contract. The Department reserves the right to withhold payment of ten percent of the total contract or the final invoice, whichever is greater, until all work has been completed and the final report has been approved. ARTICLE VI. PERIOD OF CONTRACT The contract shall begin upon execution and end on January 31, 1996, inclusive. ARTICLE VII. EXTENSIONS AND RENEWALS A. The contract shall not be extended, as that term is defined by Chapter 287.012(10), Florida Statutes, for more than six months unless the extension is due 5 to events beyond the control of the Contractor. Any extensions will be authorized by amendments to this contract. B. Upon mutual agreement of the parties, this contract may be renewed on a yearly basis, not to exceed two years beyond the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. ARTICLE VIII. AVAILABILITY OF FUNDS The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ARTICLE IX. MODIFICATION OF CONTRACT . This contract represents the entire agreement of the parties. Any alterations, variations, changes, expansions, modifications, or waivers of the contract shall be valid only when they have been reduced to writing, duly signed by each of the parties hereto and attached to the original contract. ARTICLE X. PRIDE It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identi- fied under Chapter 946, F.S. in the same manner and under the same procedures set forth in Section 946.515 (2),(4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. ARTICLE XI. VENDOR PAYMENTS Pursuant to Chapter 215.422, F.S., a state agency shall issue the vendor's payment within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of the goods and/or services provided in accordance with the terms and conditions of the contract. Failure to issue the warrant within 40 days shall result in the agency paying interest at a rate of one percent per month calculated on a daily basis on the unpaid balance. The interest penalty shall be paid within 15 days after issuing the warrant. r-j l� Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. IN WITNESS THEREOF, the parties have caused this Agreement to be duly executed by their authorized officials as of the day and year first above mentioned at Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Julian Garcia, Jr. Director Division of Housing and Community Development Date r� 7 CITY OF SUNRISE Steve Eff nan Mayor City of Sunrise 10770 West Oakland Park Boulevard Sunrise, Florida 33351 Date • Attachment A STANDARD CONDITIONS OF CONTRACT This contract is subject to all of the conditions listed below. Waiver of any of these conditions must be upon the express written approval of the Department, and such waiver shall be a part of this contract. 1. Allowable Costs Expenditure of proceeds from this contract shall be subject to OMB Circular No. A-102, "Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education,Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular A-122, "Cost Principles for Nonprofit Organizations." If this contract is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Contrac- tor shall be subject to Federal Acquisition Regulations 31.2 and 931.2. No proceeds from this contract shall be used to pay indirect costs or administrative expenses unless explicitly authorized in the budget in the contract. 2. Termination of Contract This contract may be terminated by either party for reason or for no reason by giving thirty (30) days written notice to the other party; said notice shall be sufficient if it is delivered to the party personally or mailed by certified mail to the mailing address as specified herein. This contract may be unilaterally terminated by the Department if the Contractor refuses to allow public access to all documents, letters, or other materials subject to the provisions of Chapter 119, F.S. which were prepared or received by the Contractor in conjunction with this contract. In the event of termination of the contract by either party, all property purchased with funds under this contract shall become the property of the Department and disposed of in accor- dance with 10 CFR 600, Subpart E, which sets forth the Uniform Administrative Require- ments for Grants and Cooperative Agreements with State and Local Governments. All finished or unfinished documents, data, studies, and reports prepared by the Contractor shall be relinquished to the Department. The Contractor shall be entitled to compensation for approved services and expenses incurred prior to the date of notice of termination of the contract. A-1 Revised 09/05/91 ST Notwithstanding the above, the Contractor shall not be relieved of liability to the Department for damages sustained by the Department by virtue of breach of the contract by the Contrac- tor until such time as the exact amount of damages due the Department from the Contractor is agreed upon or otherwise determined. 3. Chimes The Department may, from time to time, request changes in the scope of the services to be performed by the Contractor under this contract. Such changes, including any increase or decrease in the amount of the Contractor's compensation, or change in the contract period, which are mutually agreed upon by and between the Department and the contractor, must be incorporated in written amendments to this contract. 4. Assignability The Contractor shall not assign any interest in this contract, and shall not transfer any interest • in the same (whether by assignment or novation), without the prior written consent of the Department. However, the Contractor may employ consultants to assist in the performance of its responsibilities under this contract with the prior written consent of the Department. The Contractor shall furnish the Department copies of any and all assignments, agreements, or subcontracts connected with this contract. 5. Subcontracts Any subcontract made under this contract must include the same conditions regarding records retention and audit and patents and copyrights specified herein. If the subcontract is on a cost -reimbursement basis, the federal cost principles applicable to the Contractor are also applicable to the subcontractor. 6. Contingent Fees Prohibited The Contractor warrants that no person, selling agency, or other organization has been employed or retained to solicit or secure this contract upon a contract or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of the warrant, the Department shall have the right to annul this contract without liability, or in its discretion to deduct from the compensation, or otherwise to recover the full amount of such commis- sion, percentage, brokerage, or contingent fee. 7. Discrimination in Employment Prohibited The Contractor agrees to comply with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Part 60). In accordance with the above laws and regulations, the Contractor agrees to assure, to the extent A-2 Revised 09/05/91 ST of the coverage of this contract, that no person in the United States shall, on the grounds of race, color, national origin, sex, age, or handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity in which the Department receives federal assistance from the Department of Energy. 8. Audit The Contractor shall provide the Department with an annual financial audit which meets the requirements of the Single Audit Act of 1984, P.L. 98-502, OMB Circulars A-128 and A-133 and other applicable federal law. A copy of the audit shall be provided to the Department's Office of. Audit Services when available. The audit report must be complete including all management letters and the Contractor's response to all findings, including corrective action to be taken. Incomplete reports will not be accepted as meeting contract requirements and may be returned to the Contractor. • The audit report must include a schedule of financial assistance specifically identifying all contract and grant revenue by sponsoring agency and contract number. 9. Records Retention The Contractor shall maintain such records and accounts, including property, personnel, and financial records, as are deemed necessary by the Department or the Secretary of the United States Department of Energy to assure a proper accounting for all project funds. Those records will be made available upon request for audit purposes to the Department, the Department of Energy or the Comptroller General of the United States and will be retained by the Contractor for three years after the final payment is made under the contract unless permission to destroy them is granted by both the Department and the Department of Energy. If an audit, litigation, or other action involving the records is started before the end of the three-year period, the records must be retained until all issues arising out of the action are resolved, or until the end of the three-year period, whichever is later. 10. Legislative ApproRriation Notwithstanding other provisions of this contract, the continuance of this contract shall be subject to legislative appropriation of funds to the Department, pursuant to Section 216.311, Florida Statutes, and the receipt of federal contract funds under which this contract is made. 11. Publication and Publicity The Contractor shall not publish any materials funded by this contract without the prior written approval of the Department. All publications shall acknowledge that the program is supported by funds granted by the Department of Energy and the Department. A-3 Revised 09/05/91 ST 0 12. Patents and Col2yrights a. If the Contractor brings to the performance of this contract a pre-existing patent or copyright, the Contractor shall retain all rights and entitlements to that pre-existing patent or copyright unless the contract provides otherwise. b. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this contract, or in any way connected herewith, the Contractor shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this contract are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Contractor shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this contract are hereby reserved to the State of Florida. c. At the time of the submission of the workplan required by Article H, the Contractor shall disclose all intellectual properties relevant to the performance of this contract which he or she knows or should know could give rise to a patent or copyright. The Contractor shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph b, have the right to all patents and copyrights which occur during perfor- mance of the contract. 13. Monitoriniz The Contractor shall permit the Department, or its duly authorized representative, to monitor the project pertaining to this contract as deemed necessary by the Department. The Contrac- tor will monitor its subcontractors. 14. Certification Regarding LobbVin The Contractor shall execute the Certification Regarding Lobbying, Attachment C, which is attached to, and incorporated by reference in, this contract. 15. Lobbying and Political Activity Prohibited Notwithstanding Section (2) of the Certification Regarding Lobbying, none of the funds, materials, property, or services contributed by the Department or the Contractor under this contract shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or for the purpose of lobbying the Legislature or a State agency. A-4 Revised 09/05/91 ST 16. Religious Activity Prohibited There will be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of this contract. 17. Cam liance with Local Laws The Contractor shall comply with all applicable laws, ordinances, and codes of state and local governments. 18. Debarred and Suspended Parties The Contractor certifies that neither its organization nor any member of the staff is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." The Contractor may • not make any subcontract to a debarred or suspended party. A current listing of such parties is maintained by the Department for review by Contractors. I* 19. Clean Air and Water Acts If this contract or any resulting subcontract is for an amount in excess of $100,000, the Contractor must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). A-5 Revised 09/05/91 ST E � j/ Attachment B AUTHORIZED BUDGET Vehicle and Conversion Costs* CITY OF SUNRISE CONTRACT AMOUNT 250 000 0 TOTAL: $250,000 *Prior written approval from the Department is required for all purchases over $500. L� E w�r, " le - (�� Attachment C CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or .attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL 'Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Contractor Type Name and Title