HomeMy WebLinkAboutResolution - 3579 - Amendment To Contract - TDHPT - #511XXF6008 Operating Assistance, Citibus - 03_28_1991Resolution '1\1o. 3579
March 28, 1991
PREPARED BY: Citibus
DATE:
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized
and directed to execute for and on behalf of the City of Lubbock
an application for an amendment to contract No. 511XXF6008, under
the State Department of Highways and Public Transportation, to
provide Operating Assistance for the period from April 1, 1991,
through September 30, 1991, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of the Resolution as if
fully copied herein in detail.
Passed by the City Council this 28th day of March
1990.
B.C. Mc i n,
Mayor
ATTEST:
Rar ate Boyd,
City Secretary
APPROVED AS TO CONTENT:
L �. VA-1hHo
D�rec�,or of Transportation
APPROVED AS TO FORM:
J. Wa th Fullingim,
As taut City Attorney
RECIPIENT:
PROJECT NO.:
CONTRACT NO.:
FIRST CONTRACT AMENDMENT
Resolution No. S 1C
i1arch'28, 1991
Item #17
City of Lubbock
511XXF6008
This amendment is made between the State of Texas, acting through
the State Department of Highways and Public Transportation, llth
and Brazos, Austin, Texas 78701 hereinafter called the State,
and the City of Lubbock, P.O. Box 2000, Lubbock, TX 79457
hereinafter called the Contractor.
The State.and the Contractor entered into a Public Transportation
Contract on September 28, 1990 wherein the State agreed to
provide financial assistance to the Contractor in the amount of
One hundred and two thousand four hundred thirty dollars
($102,430).
NOW THEREFORE, in consideration of the premises, the following
Articles are amended as follows:
Article 3. Compensation
The maximum amount payable, as hereby amended, is $ 171,430
and in accordance with Attachment A, Project Budget, attached
hereto. The State will reimburse the Contractor for the
authorized costs incurred in carrying out this project, which are
further described in Attachment A. The maximum amount payable
under the Contract is subject to the availability of appropriated
funds. The State shall have no liability for any claim submitted
by the Contractor or its subcontractors, vendors, manufacturers
or suppliers if sufficient State funds are not available to pay
the Contractor's claims.
All other terms of the Contract remain unchanged and in full
force and effect.
PAGE 1 OF 2
RECIPIENT:
PROJECT NO.:
CONTRACT NO.:
City of Lubbock
511XXF6008
IN TESTIMONY WHEREOF, the State and Contractor have executed
duplicate counterparts of this contract..
STATE OF TEXAS
Certified as being executed
for the purpose and effect of
activating and/or carrying
out the- order, established
policies or work programs
heretofore approved and
authorized by the State
Highway and Public Transpor-
tation Commission under the
authority of Minute Order
91351.
APP ED:
By:
Director, Public
Transportation
Date:
RECOMMENDED FOR EXECUTION:
,,,District E n District 5
CITY OF LUBBOCK
e
Ely:
B. C. McMINN
Title: MAYOR
Date: March 28, 1991
ATTEST:
Rane to Boyd
City ecretary, City of Lubbock
Date: __;r p_
APPROVED: AS TO CONTENT:
V"
Larry . Hoff
Dire or of Transportation
City of Lubbock
APPROVED AS TO FORM:
J /yvsof
rth Fullingim
A tant City Attorney
Ci Lubbock
PACE 2 OF 2
Contractor Certification
MAYOR, B.C. McMINN ,being (1)
duly sworn or under penalty of perjury under the laws of the United States,
certifies that, except as noted below, City of L, bbock _ or. (2)
any person associated therewith in the capacity of owner, partner, director,
officer, principal investigator, project director, manager, auditor, or any
position involving the administration of federal funds:
• is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
• has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past three years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving
fraud or official misconduct within the past three years.
Exceptions will not necessarily result in denial of award, but will be considered
in determining bidder responsibility. For any exception noted, indicate below
to whom it applies, initiating agency, and dates of action. Providing false
information may result in criminal prosecution or administrative sanctions.
Exceptions: (3)
(4)
ame of certifj ing official B . C . McM I NN
MAYOR
Title
March 28, 1991
Date
Appro ed as to orm• e A roved as Co tent: -� tes-, --.
V�
J . W rth Ful l i ngi m Larry . Hoffm Ra tte BoJ d
As i tant" City Attorney Dire or of Transportation City Secretary
Instructions For Completion
Contractor Certification
(1) Insert name of person completing the form; this person must be an authorized
official of the contractor.
(2) Insert the name of the contracting firm.
(3) Insert any exceptions.
(4) Proceed with execution.
4
eA
NOT APPLICABLE
Lower Tier Participant Debarment Certification
(Negotiated Contracts)
being duly sworn
Unsen name of cer*irig official!
or under penalty of perjury under the laws of the United States, certifies that
neither nor its
Unsen name of lower uer parUcnpanu
principals are presently:
• debarred, suspended, proposed for debarment,
• declared ineligible,
• or voluntarily excluded from participation in this transaction
by any Federal department or agency
Where the above identified lower tier participant is unable to certify to any of the
above statements in this certification, such prospective participant shall indicate
below to whom the exception applies, the initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award, but will be considered in
determining contractor responsibility. Providing false information may result in
criminal prosecution or administrative sanctions.
EXCEPTIONS:
Sijnauue of Certifying Official
Tale
w
Date ofCerubcauon
See Reverse for Information
Form 1734
Rev. 4-89
Certification Information
This certification is to be used by contractors pursuant to 49 CFR 29 when any of the
following occur:
• any transaction between the contractor and a person (other than a
procurement contract for goods and services), regardless of type, under
a primary covered transaction
• any procurement contract for goods or services when the estimated cost is
$25,000 or more
• any procurement contract for goods or services between the contractor
and a person, regardless of the amount, under which the person will have
a critical influence on or substantive control over that covered trans-
action. Such persons include principal investigators and providers of
federally -required audit 3ervices.
A procurement transaction'is the process of acquiring goods and services.
A nonprocurenient transaction is the granting of financial assistance to entities to
assist the grantor in meeting objectives that are mutually beneficial to the grantee
and grantor.
A COPY OF THIS CERTIFICATION IS TO BE FURNISHED TO
AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S.
DEPARTMENT OF TRANSPORTATION UPON REQUEST.
No Text
No Text
No Text
.Jr 7
C83M FICATION
OF
YM TRI CTIONS ON IDUYING
B. C. McMINN, MAYOR , hereby certify on
(name and title of grantee official)
behalf of CITY OF t uR 0CK that
(name of grantee)
(1) No Federal appropriated funds nave.been paid or will be paid,
by or on behalf of the underaigned, 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 antering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative
aQrtament.
(2) If any funds other than Federal appropriated funds have bean
paid or will be paid to any person for influencing or attempting
to influence an officer or amployse of any agency, a lumber of
Congress, an officer or aVloyee 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 lorm•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 docu:ent• for all subavards'
at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreabants) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon Which
reliance is placed when this transaattan was mad* or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
V. S: Code. Any parson who fails to file the required
certification shall be subject to a civil penalty of hot less than
$10,000 and not more than $100#000 for each snob failure.
Uscuted this 28i th , day of March
Appr ed to F rm:
J.rthvFulllingim
Citt Attorney
A ^ ved a to t t:
Larry U` Hoffma
Direct r of Transportation
ey
signature of authorised official)
B.C. McMINN
MAYOR
(title of authorised official)
AR
City cretary
t �
NOT APPLICABLE
Federal Register ! Vol. 54, No. 243 / Wednesday. December M, IM / Notices
DISCLOSURE Of LOBBYING ACTIVITIES °"`
eweo..
Complete Uvt Norm to disdose lobbrn j acrmbes pursuant to 31 U.S.C. 1152
(See mversc br public burden disdosum.)
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92323 Federal Register / Vol. 54. No. 243 / Wednesday. December 20, 1989 i Notices
INSTRUCTIONS FOR COMPLETION OF SF•LLI„ DISCLOSURE OF LOBBYING ACTtVMES
This disclosurr form Mall b-e completed by the reporting entity, whether subawardee Or prime Federal recipient, at the
Initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 US.C.
section 1352. The filing of a corm Is required for each payment or agreement to make payrnent to any lobbying entity for
influencing or attempting to Influence an officer or employee or any agency, a Wmber of Congress. an officer or
employee of Congress, or an emploayyee of a Member of Congress in connection with a covered Federal action. Use the
SF•LLL-A Continuation Sheet for additional Information If the space on the form is inadequate. Complete an items that
apply for both the irJLW filing and material change report, Refer to the Implementing guidance published by the Office of
Management and Budget for additional Information.
1. Identify the type of covered Federal action for which lobbying activity is andia has been swuri d to Mlluence the
outcome of a covered Federal action.
2. Identify the status Of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
Information previously reported, enter the year and Quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this coveted Federal agars.
4. Enter the tun name, address, city, state and tip code of the reporting entity. InckWe Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it I& or expects to be, a prime
or subaward recipient. identify the tier of the subawardee, a g., the Arai subawardet of the prime is the 1st tier. ,
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
S. If the organization filing the report in item 4 checks "Subawardee', then enter the 66111 name, address, Oty, state and
sip code of the prime Federal recipient. Include Congressional District, U known.
6. Enter the name of the Federal agency making the award or ban eonin tment. Maude at least one Vpnirational
level below agency name, If known. For example, Department of Tiartsportatiori, United States Cast Guard.
7. Enter the Federal program name or description for the covered Federal action (Wn U. Of kvwrL Amer the full
Catalog of Federal Domestic Assistance iCFDA) twrrsber for Srants. cooperaift gVeerne+ft lom and loan
commitments. _
8. Enter the most appropriate Federal identifying number aysila ik kr the Federal action identified In hem *1 (e.g.
Request for Proposal (RFP) number, Invitation for Bid VFW number, pant announcement twnber, the contram
grant, or loan award number, the applicatiowproposat contra number asslphed by the Federal agency). lndude
prefixes, e.g..'RFP•DE-9M1.•
9. For a covered Federal action where there has been an award or loan eomimforent by the Federal agatcy, voter the
Federal amount of the awvd'ian totmnhrrwa for the prime entity idendSed in Ilan 4 or S.
10. (a)Enter the W name, address. city, am and sip Mode o( die Iobbft entity engaged by die repor" entity
identified In Kern 4 to Itfffvext the covered Federal anion.
MEnter the fun names of the M®vfdualts) perfornstng setvkea, and kKkWe hA adds 0 M deferent fbom 10 (S).
Enter Last Name, First Name, and Middk WM C;Mtb
11, Enter the amount of compensation paid or reasonably expected to be paid by the reporttrsg entity ftn 4) to the
Ong tnt� Otem 10). i 4cate whether the payment has been nhds faaAted or arBt be made (piannedl. Check
apply. It this R a ahpethl dtartde mpoel, enter tM aoattleft WOW of payrsteaat V46 or piarMed
to be made.
11 Check the approprlate boxtes). Check aft boozes that apply. M payment b made llhow h an IlAirsd contribution,
specify the natium and value of the kW" parw&
13. Check the appropriate bootees). C hedk act boxes that apply. ill oche%" syes3y rattan. '
14. hovlde a spedf c and detaaned dete "on of the w4ces drat the bbb)ist Isar petfatthed, or vA be ehtpecled to
perform, and the datecd of any WWWM rendered. Maude art and related aAMty. not just tine in
at�hrat contact with Federal offidals. kknt h flhe Federal a l y Or pnpioreets) coroac"d or the .
emplayeets), or Memberts) of Con ress that wtam a wdai eed.
IL Check whether or not a SF•LLL-A Continuation Sheens) b attatdaed.
16. The cer*j4ng odfidal tth a sign and date the iMM prIM hMW no*. tllfe, and telephone uarrhba.
Pubiic reporting burden for this totiection of intonn+tra+ Is tairratad to average 30 ehinases pus t+esOwm- kKlw eg Baits 1W ohs
instnrcow"s sea►chhng earstmj data sources, aatAernhj and nwintasnng the data rhteQed and COMO"% and N*a itrt ooMetiI I of
Wwrrutmn. Send corrrneft retarding the bvden estimate v any vent aspect d ft cof4ction of Uforehation, t tardirtj W111111tadorhs
for WhXVs &a urge% to the ort # of u4antgeehtnt an0 K laperhrork Ratlnretion r+ejat jU*40*L Waathi�Del& 2C o.
NOT APPLICABLE
Fedaral Register / Vol. 54. No. Z43 / We&evday. December 20. lea I Notices 52�
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Repwlk% Entttr. Pate of
j.. .r� ..+ram. . ..-. t. • .. .
Ar
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mmm! w Y vmp�
52326 Federal Reuter / Vol 54. No. 243 / Wednesday. December 2o.1989 / Notices
Appendix C to Part — Contract Clause
NE'W RESTRICTIONS ON LOSSYING
(a) Definitions. As used in this clause,
"Agency", as defined in 5 D.S.C. 552(f), includes Federal
executive departments and agencies as well as independent
regulatory commissions and Government corporations, as defined in
31 U.S.C. 9101(1).
"Covered Federal action" means any of the following Federal
actions:
(1) The awarding of any Federal contract;
(2) The making of any Federal grant;
(3) The making of any Federal loam
(4) The entering into of any cooperative agreements and,
(5) The extension, continuation, reneval, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
Covered Federal action does not include receiving from an agarcy
a commitment providing for the United States to insure or,
guarantee a loan.
*Indian tribe" and «tribal organisation* have the aaaAinq
provided in -section 4 of the Indian Salt -Determination and
Education Assistance Act (25 V.8.C. 4503), Alaskan Datives are
included under the definitions of Indian tribes in that Aft.
"Influencing or attempting to influence* means making, vith
the _._intent to influence, any co®unication to or appearance
before an officer or employee- of any agency, a A abar of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any covered Federal action.
*Local government* means a unit of goverment in a $tat*
and, if chartered, established, or othervise recognised by a
State for the performance of a governmental duty, includiag a
local public authority, a special district, an intrastate
district, a council of governments, a sponsor group
representative organisation, and aoy other-M strusantality of a
local government.
"Officer or employee of an agency* includes thi tollowing
Individuals who are employed %an agent;,(1) An individual who appointed to a position is the
Government under title s, V.S. Code, including a position
under a temporary appointments
(2) A member of the uniformed services as defined' in
section 101(3), title 37, O.i. Codes
(3) A special Government wWloyse as defined in section
202, title 18, V.S. Code; and,
21
Federal Resister / Vo} 54 NO 243 1 Wednesday. Deccmtjer 2. 1989 / Notices
(4) An individual who is a member of a Federal advisory
cor..r+ittee, as defined by the Federal Advisory Cocrittee Act,
title 5, U.S. Code appendix 2.
"Person" means an individual, corporation, company,
association, authority, firm, partnership, society, State, and
local government, regardless of whether such entity is operated
for profit or not for profit. This term excludes an Indian
tribe, tribal organisation, or any other Indian organization with
respect to expenditures specifically permitted by other Federal
law.
"Reasonable compensation" means, with respect to a regularly
employed officer or employee of any person, compensation that is
consistent with the normal compensation for such officer or
employee for work that is not furnished to, not funded by, or not
furnished in cooperation with the Federal Government.
"Reasonable payment" means, with respect to profissibnal and
other technical services, a payment in an amount that: is
consistent with the amount normally paid for such services in the
private sector.
"Recipient" includes all contractors and subcontractors at
any tier in connection with a Federal contract. The term
excludes an Indian tribe, tribal organisation, or an the
Indian organisation with respect to expenditures specifically
permitted by other Federal law.
"Regularly employed• means, with reaped to an officer or_ _
employee of a person requesting or receiving a Federal contrast,
an officer or employee who is employed by such person for 'at
least 130 working days within one year im>,ediately preceding the
date of the submission that initiates agency eo>Asideration ot; -
such person for receipt of such contract. An officer or smployea
'who is employed by such parson for less than 130 workLag days
within one year iamediately preceding the date of the subpission
that initiates agency consideration of -such person shall be
considered to be reqularly apioyed as eoon as he or. she is
employed by such person for•130 worker days.
•state" means a• State - of the nn3ted fti ates; the District of
Columbia, the • Coaon --- th of Puerto. • ltoo, a tgrritoaey or
possession of the nailed states, an egandy or instrusaatality of
a state, and a multi -state, re Laral, or interstate entity Aavisq..
governmental duties and powers.
(b) Prohibition.
(1) Section 135t of title 31, n.8. Code provides ie part
that no appropriated funds may be expended by the recipient of a -
Federal contract, grant, loan, or cooperative agreement to pay
. 22
623:8 Federal Register / Vol Si N, 243 J Wednesday. December 20. Ig-a ! Notice@
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 eaployes of a Member of Congress in
connection with any of the following covered Federal actions:
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) The prohibition does not apply as follows:
(i) Agency and legislative liaison by Own bployees.
(A) The prohibition on the use of appropriated
funds, in paragrapto)(1) of this section, does not apply in the
case of a payment or reasonable compensation made to an officer
or employee of a Person requesting or receiving a Federal
contract if the payment is for agency and legislative' liaison
activities not directly related to a covered Federal action.
Vie) For purposes of paragraph a (A) of this -
section, providing any information specifically requested by an
agency or Congress is allowable at any -time.
section, the following !or purposes of paragraph (A)of this
activities
are allowable at animgeon y wheand re (they arenot related to a
specific solicitation, for any covered Federal actions -
Z (V Discussing with an agency (including
.individual demonstrations) the qualities and stics of
the person'& products or services, conditions or twee of sale;
and service capabilit4es; and,
7 (ill) Technical diseassio w and other
activities regarding the application or adaptation of the
persons products or services for an agencyle osae
. ayca�I
tD) for purposes of. • pa:sgra� (A} of this
section, the following agency and legislative on activities
are allowable only wbere they ,are prior to formal solicitation of
any. covered Federal Amnon: -
I (i►) providing in—y lnlorsation -not
specifically requested but Decassary for an age 7 to waft an
informed decision ahapt initiation of a eovrred lydaral aetiour
. - 1(41) Technical discussions regarding the
preparation of an unsolicited proposal prior to its official.
submission; and, -- •-�------
J (Ili) Capability presentations by per0ons
seeking awards from an agency pursuant to the provisions of the
Small Business Act, as amended by Public Law 95-507 and otter
subsequent amendments.- -
23
Federal Register I Vol, 54 No 243 / Wednesda,.. Drremhr• 20 1489 f Nrotiree S2"
(h%1X) (E) Only those activities expressly authorized by ���,
paragrap A(i) of this section are allowable under paragraph (1).
(ii) Professional and technical services by own
Employees.
(A) The prohibition on the use of appropriated
funds, in paragraphoi) of this section, does not apply in the
case of a payment or reasonable compensation made to an officer
or employee of a person requesting or receiving a Faderal
contract or an extension, continuation, renewal, amendment, or
modification of a Federal contract it payment is for professional
or technical services rendered directly in the preparation,
submission, or negotiation of any bid, proposal, or application
for that Federal contract or for meeting requirements imposed by
or pursuant to law as a condition for receiving that federal
.contract* rtbx1) 01)
(B) For purposes of pa1-agrapb jj (A) of this
section, "professional and technical services" shall be limited
to advice and ,analysis directly applying -any professional or
technical discipline. for example, drafting of a legal document
accompanying a bid or proposal by a lawyer is allowable.
Similarly# technical advice provided by an engineer on the
performanoe or 'operational capability of a piece of equipment
rendered directly.in.the negotiation of a contract is allowable.
Rovever, communications with the intent to influence : made by a
professional (such as a licensed lawyer) or.a technical person
(such as a licensed accountant) are not allowable under this
section unless they provide advice and analysis directly applying
their professional or technical expertise and unless the advice
or analysis is readared directly and solely in the preparation,.:
submission or negotiation of a covered Federal action. Thus, for
example, communications vith the intent to influence *ads by a .
lawyer that do not provide legal advice or. analysis directly and
solely related to the legal aspeats•of his or bar client's.
proposal, but generally advocate ohs proposal over another asr
not allowable' under this section because• the laryar 1s .not
providing professional legal o"WIbss. - slunarlt, ooatinieatieess
Mitt the 4stent to 'ands; iy-an or yCM4A4 an
engineoriag analysis pries to the psepasation eo subsissien.of a
bid or proposal are aft aliot/able tinder this. section sitae the
engineer is prOvidin .9acMical services but'aot direatZy is the.
-preparation; ..submission or. negotiation of a covered' Federal
action.
a condition for crecei�lng a cmrod erralesento Imposed by �awa ineiudeitboai
required by lav or regulation, or reasonably expected to be
required by law or regulation, and any other requiraments in the
actual award documents,
24
52aW Foderal Rexister / Vol 54 No 243 / WcdTO!teev. December 2o. 19a9 I Notice$
(bX2) (D) Only those services expressly authorized by
paragraph 4(11) of this section are allowable under paragraph G)Cl)
(ii).
(iii) Reporting for Own Employees.
No reporting is required with respect to payments of reasonable
compensation made to regularly employed officers or employees of
a person.
(iv) Professional and technical services by other than
own Employees.
(A) The prohibition on the use of appropriated
funds, in paragraph U l) of this section, does not apply in the
case of any reasonable payment to a person, other than an officer
or employee of a person requesting or receiving a covered Federal
action, if the payment is for professional or technical services
rendered directly in the .preparation, submission, or negotiation
of any bid, proposal, or application for that Federal contract or
for meeting requirements Imposed by or pursuant to law as -.a
condition for receiving that Federal contract.
M For' purposes of paragrapbA (A) of this
section, _�O.przfessional and .technical. servicss• shall bi lisited
to .advice and.'analysis directly applying any piofessional or
technical discipline. For example, drafting of a legal docent
accompanying a bid or proposal by a lawyer is allowable.
Similarly, technical advice provided by an engineer cm the
performance or operational capability of a piece of equipaent-
rendered directly in the negotiation of a contract is allowable.
However, comaaunications with the intent to influence fade by a
professional (such as • licensed. lawyer) or a technical person
(such as a licensed accountant) are not allowable Hadar this
section unless they provide advice and analysis directly applying
their professional or technical expertise and unless the advice
or. anal ya a is rendered direotiy and solely in the preparation,
submission or,bbgotiation of a covered Federal action. Thus, tar
example, oosmunicatioms with the intent to influence made by a
lawyer that do not provide leW advics'or analysis directly and
solely related to the 1eW aspects 611" o, or ber elient$s
proposal, but generally advocate one proposal over another are
not allowable under this section because the lawyer is not
providing professional iepal sesvicesq similarly, oo®amieatians
with the intent to influence mad* -by an arngit eer prowl" an
b d or analysisring pot allowablior to thee vd thesis �iection sisca tthe
engineer is ,providing technical services but not directly in the
preparation, submission or negotiation of a covered Federal
action.
25
Federal Rerister J VoL 54. No. 243 / Wednesday. December 20. 1M / Nobees
(C) Requirements imposed by or pursuant to law as
a condition for receiving a covered Federal award include those
required by law or regulation, or reasonably expected to be
required by law or regulation, and any other requirements in the
actual award documents.
(D) Persons other than officers or employees of
a person requesting or receiving a covered Federal action include
consultants and trade associations.
C(s) (E) only those services expressly authorized by
paragraph (iv) of this section are allowable under paragraphLb)(t)
(iv) .
(c) Disclosure.
(1) Each person vho requests 'or receives from an agency a
Federal contract shall file with thet agency a certification, set
forth in , that the parson has not made, and will rot sake,
any payment prohibited by paragraph (b) of. this clause.
(2) Each person who raquosts or reosives from an agency a
Federal contract shall file with that agency a disclosure fors,
Standard Form-LLL, ODisclosure of Lobbying Activities,f if such
person has made or has agreed- ny to make apayment using
nonappropriated !ands (to profits from any covered
Federal action), VLich would be prohibited under paragraph (b) of
this clauses if paid for with appropriated funds. .
(3) Each person sball lilt a diselosnse form at the and of
each calendar quarter in whieb there occurs asy went - that
requires disclosure or that materially affects the accuracy of
the information contained in any disclosure fors ppreviously filed
by such person under paragrapp*X2) of this section. An event
.that materially affects the accuracy of the information reported
includast
(1) A cumulative increase of $25,000 or sore in the
amount paid or expected to be paid for influencing or attempting
to influence a covared-lederal actiont or
(ii) A change I& the pn(a) or indivi¢uai{s)---- -
-_ influencing or attempting to inlluenoO covered Federal action?
or,
(111) A change in the officer(s), aaployse(s)p or
xamber(s) contacted to influence or attempt to influence - a
covered Federal action.
(4) Any person who requests or receives from a 'Person
referred to in parapmph(O(1) of this section a subcontract
exceeding $100,000 at any tier under a Tederal contract shall
file a certification, a disclosure fors, if required, to the
next tier above.
26
b2332 Federal Re$dster ! Vol. 54. No :43 / Wedi esday December 20, Ing J Notices
(5) All disclosure forms, but not certifications, shall be
forwarded frcm tier to tier until received by the person referred
to in paragraph(LZ1) of this section. That person shall forvard
all disclosure forms to the agency.
(d) Agreement. In .accepting any contract resulting from this
solicitation, the person submitting the offer agrees not to make
any payment prohibited by this clause.
(e) Penalties.
(i) Any person who makes an expenditure prohibited under
paragraph (b) of this clause shall be subject to a civil penalty
of not less than $10,000 and not more than $100#000 for each such
expenditure.
(2) Any person who fails to file.or amend the disclosure
form to be tiled or amended it required by this clause, shall be
• subject to •a civil penalty of not less than trio, 000• and not more
than $100,000 for each such failure.
(3) . Contractors may rely vithout liability on the.
representations made by their subcontractors in the certification
and disclosure fora.
M Cost allovabilitys xothiaq in this clause is to be
interpreted to make allowable or reasonable any costs which vould
be unallowable or unreasonable in aeeordaaee with Part 31 of the
Federal Acquisition Regulation. Conversely, costs made
specifically unallowable by the requirements in this clause Will
not be made allowable under any of the provisions of Part 31 of
the Federal Acquisition Rsgnlatione
PR Doe. s -nm Hied s-il-ft tsar pal
MUM WK 1">*re
(End of Clause)
27
CONTRACTOR: CITY OF LUBBOCK
PROJECT NUMBER:
CONTRACT NUMBER: 511XXF6008
LINE ITEM # DESCRIPTION
I. CAPITAL (80/13/7)
1 NONE
SUBTOTAL CAPITAL
II. OPERATING ASSISTANCE (50/25/25)
1 OPERATING ASSISTANCE
SUBTOTAL OPERATING
II. PLANNING ASSISTANCE (80/13/7)
1 NONE
SUBTOTAL PLANNING
NET PROJECT COSTS
CONTRACT BUDGET
TOTAL FEDERAL
0 0 0%
0 0 0%
ATTACHMENT A
STATE LOCAL
0 0% 0
0 0% 0
2,500,000 1,250,000 50% 171,430 7% 1,078,570
2,500,000 1,250,000 50% 171,430 7-/ 1,078,570
0
0
0% 0
0% 0
0
0
0% 0
0% 0
1,250,000
50% 171,430
7-/ 1,078,570
2,500,000