HomeMy WebLinkAboutSpecial 2008-05-27 Item 2 - Cooperative Agreement - Tukwila 205 Levee Repair at Site 5 with US Army Corp of Engineers COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 08-064 I ORIGINAL AGENDA DATE: MAY 27, 2008
AGENDA ITEM Ti'nm: Approve a Cooperative Agreement with the U.S. Army Corp of Engineers regarding
the Tukwila 205 Levee Project Site 5.
CA"i'I?GC)R\' Discussion Motion n Resolution Ordinance Bid Award Public Hearing n Other
Mtg Date 05/27/08 Altg Date 05/27/08 Aftg Date Altg Date Aftg Date Aftg Date AN Date
1SPONSOR Council Ma_yor" Adm Svcs n DCD Finance Fire Ledal P &R Police PL1%
SPONSOR'S The attached agreement with the U.S. Army Corps of Engineers requires execution by
SUMMARY May 30, 2008. Site 5 of the levee has been revised due to commitments from La Pianta
that are outlined in detail in the attached informational memorandum. The Council is
being asked to consider the issue at the Committee of the Whole meeting and forward it to
the Special Meeting to follow for authorization.
RFVIlAVI ?ll BY COW Mtg. U CA &P Cmte F &S Cmte 1 Transportation Cmte
Utilities Cmte n Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADmiN. Approve agreement
COMMITTEE None due to Corps' requirement for agreement to be signed by May 30, 2008
COST IMPACT FUND SOURCE
EIPI; \DI "I'URI; RI;C)UIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
05/27/08 I Informational Memorandum dated 5/22/08
Cooperation agreement between the U.S. Army Corp of Engineers and the City
INFORMATIONAL MEMORANDUM
To: Mayor and City Council
From: Public Works Director
Date: May 22, 2008
Subject: Levee Repair Projects Revised Design for Site 5
Issue:
Approve a Cooperative Agreement with U.S. Army Corps of Engineers that commits the
City to pay for all constructions costs associated with the revised levee design for Site 5.
Discussion:
Since being notified by the U.S. Army Corps of Engineers on February 5, 2008 that
S g Y Y r� rY
Tukwila's 205 Levee needed to be immediately repaired in order to retain its
certification, the City, King County Flood Control Zone District, and the Corps have
diligently worked to create a design that would minimize the impact to the abutting
property owners. The paramount criteria however has been to provide for:
1. Public safety;
2. Maintain levee certification;
3. Solutions that eliminate or correct factors that have caused or contributed to the
problem;
4. Levee maintenance needs; and
5. Environmental considerations.
The Corps did extensive analysis before arriving at its final design, including an
investigation of six different alternatives to repair the levee. The design option chosen by
the Corps involved "laying the levee back."
La Pianta has approached the U.S. Army Corps of Engineers to revise the design to
include the building of a retaining wall. The design proposed by La Pianta would
eliminate the need for a 2:1 back slope and thus reduce the footprint needed for the new
levee. The Corps originally rejected this option because it was determined, "not to be the
most cost effective when compared to other alternatives with similar protection and as
such was not selected." (A quote from the Corps Project Infolliation Report)
La Pianta met with the Corps on May 22, 2008 wherein Mr. Segale committed to pay for
all costs associated with the construction of the retaining wall, provide without cost to the
City or King County all easements needed to repair the levee, including a flood
1
protection easement, an access road easement to travel over Segale Drive A, a temporary
work area easement, and an easement for peinianent access to the levee. The Corps
agreed to revise the design in light of these commitments from La Pianta.
Since the U.S. Army Corps of Engineers cannot enter into an agreement with a private
party, it requires the City, as the levee sponsor, to sign a Cooperative Agreement with the
Corps that states the City will pay for all additional costs associated with the revised
design. Exhibit A is the proposed Cooperative Agreement. The Corps has stated that the
agreement must be signed no later than May 30, 2008. If signed, the City will be
responsible for the additional construction costs; a very rough estimate places them in the
range of $500,000 to $750,000.
The City is willing to enter into the Cooperative Agreement if the following conditions
are met:
1. An approved agreement between the City and La Pianta for the reimbursement of
all costs associated with the construction of the retaining wall. The
reimbursement will be for the amount charged by the U.S. Army Corps of
Engineers. A signed agreement must be reached no later than May 30, 2008.
2. La Pianta will sign Corps approved easements no later than May 30, 2008 for:
A flood protection easement;
An access road easement for the travel over Segale Drive A;
A temporary work area easement; and
An easement for permanent access to the levee for maintenance and repair
activities.
Note: La Pianta stated that the easements would be provided at no cost to the City
and King County.
3. Provide to the City, no later than May 30, 2008, a letter from the Chair of the
King County Flood Control Zone District that states the District's willingness to
accept the additional maintenance responsibility and costs associated with the
retaining wall.
4. Provide, no later than May 30, 2008, a signed agreement from La Pianta that
clearly states that the inclusion of the retaining wall for the repair of the levee in
this instance does not establish a design precedent for any future maintenance,
repair, or new levee construction projects.
Recommendation
Council authorizes the Mayor to enter into a Cooperative Agreement with U.S. Army
Corps of Engineers provided the aforementioned four conditions are met.
Exhibits:
1. Cooperative Agreement
2
COOPERATION AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
and
[INSERT NAME OF PUBLIC SPONSOR]
for
REHABILITATION OF A FEDERAL FLOOD CONTROL WORK
JOB NO.
THIS AGREEMENT, entered into this day of 200 by and
between THE DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government
represented by the Commander, U.S. Army Corps of Engineers, Seattle District, and the
[PUBLIC SPONSOR], (hereinafter referred to as
the "Public Sponsor represented by [TITLE OF PERSON
SIGNING THIS AGREEMENT].
WITNESSETH THAT:
WHEREAS, the Government constructed a flood control project (hereinafter referred to as
the project) authorized by [LEGAL AUTHORIZATION FOR
CONSTRUCTION] and governed by the (Project Cooperation Agreement) (Cooperation and
Participation Agreement) (Agreement of Local Assurances) (other) dated and entitled
and which remains in full effect;
WHEREAS, pursuant to 33 U.S.C. 701n, the Government is authorized to assist in the
repair or restoration of flood control improvements threatened or destroyed by floods;
WHEREAS, via written correspondence, the Public Sponsor has requested that the
Government repair or restore the project, which was damaged by recent flooding or coastal
storms, in accordance with 33 U.S.C. 701n and established policies of the U.S. Army Corps of
Engineers; and,
WHEREAS, Public Sponsor hereby represents that it has the authority and legal capability
to furnish the non Federal cooperation hereinafter set forth and is willing to participate in the
rehabilitation effort of the authorized project in accordance with the terms of this Agreement.
NOW, THEREFORE, the Government and the Public Sponsor agree as follows:
ARTICLE I DEFINITIONS AND GENERAL PROVISIONS
For purposes of this agreement:
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A. The teirn "Rehabilitation Effort" shall mean [DESCRIBE THE WORK TO BE
UNDERTAKEN PURSUANT TO THIS AGREEMENT IN SUFFICIENT DETAIL AS IS
NECESSARY TO AVOID ANY CONFUSION OVER WHAT WORK IS 0 IS NOT
INCLUDED], as generally described in the [SPECIFY APPROVED REPORT] dated
and approved by the Division Commander on
B. The term "Rehabilitation Effort costs" shall mean all costs incurred by the Public
Sponsor and the Government, in accordance with the terms of this Agreement, directly related
to implementation of the Rehabilitation Effort. The term shall include, but is not necessarily
be limited to: actual construction costs, including supervision and inspection costs; costs of
contract dispute settlements or awards; and the cost of investigations to identify the existence
of hazardous substances as identified in Article XIIA. The term shall not include any costs for
operation and maintenance; any costs to correct deferred or deficient maintenance; any costs
for betterments; any costs for Public Sponsor preferred alternatives; or the costs of lands,
easements, rights -of -way, relocations, or suitable borrow and dredged or excavated material
disposal areas required for the Rehabilitation Effort.
C. The term "betteiuient" shall mean the design and construction of a feature
accomplished on behalf of, or at the request of, the Public Sponsor in accordance with
standards that exceed the standards that the Government would otherwise apply for
accomplishing the Rehabilitation Effort.
ARTICLE II OBLIGATIONS OF THE GOVERNMENT AND PUBLIC SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of the United
States, and using those funds (and using funds provided by the Public Sponsor) shall
expeditiously implement the Rehabilitation Effort, applying those procedures usually followed or
applied in Government construction of Federal projects, pursuant to Federal laws, regulations,
and policies. The Public Sponsor shall be afforded the opportunity to review and comment on
solicitations for all contracts, including relevant plans and specifications, prior to the issuance of
such solicitations. The Contracting Officer will, in good faith, consider the comments of the
Public Sponsor, but award of contracts, modifications or change orders, and perfoinlance of all
work on the Rehabilitation Effort (whether the work is performed under contract or by
Government personnel), shall be exclusively within the control of the Contracting Officer.
B. As further specified in Article III, the Public Sponsor shall provide all lands, easements,
and rights -of -way, including suitable borrow and dredged or excavated material disposal areas,
and perform all relocations determined by the Government to be necessary for construction,
operation, and maintenance of the project and the Rehabilitation Effort.
C. As further specified in Article IV, the Public Sponsor shall contribute, in cash, in -kind
services, or a combination thereof, a contribution toward construction of the Rehabilitation Effort
in an amount equal to towards the total Rehabilitation Effort costs.
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D. The Public Sponsor shall not use Federal funds to meet its share of total Rehabilitation
Effort costs under this Agreement unless the Federal granting agency verifies in writing that the
expenditure of such funds is authorized by statute.
E. The Public Sponsor shall hold and save the Government free from all damages arising
from the construction, operation, and maintenance of the Rehabilitation Effort and any
authorized project related betterments, except for damages due to the fault or negligence of the
Government or the Government's contractors.
F. The Public Sponsor agrees to continue to participate in and comply with the policies and
procedures of the U.S. Army Corps of Engineers Rehabilitation and Inspection Program, and of
Title 33, Code of Federal Regulations, Part 208.10, (33 CFR 208.10).
G. The Public Sponsor may request the Government to accomplish betterments. The Public
Sponsor shall be solely responsible for any increase in costs resulting from the betteinients and
all such increased costs will be paid in advance by the Public Sponsor in accordance with Article
IV.
ARTICLE III LANDS, RELOCATIONS, AND PUBLIC LAW 91 -646
A. The Government shall provide the Public Sponsor with a description of the anticipated
real estate requirements and relocations for the Rehabilitation Effort. Thereafter, the Public
Sponsor shall furnish all lands, easements, and rights -of -way, including suitable borrow and
dredged or excavated material disposal areas, and perform any relocations, as may be determined
by the Government in that description, or in any subsequent description, to be necessary for the
construction, operation, and maintenance of the Rehabilitation Effort and the authorized project.
The necessary lands, easements, and rights -of -way may be provided incrementally for each
construction contract. All lands, easements, and rights -of -way determined by the Government to
be necessary for work to be performed under a construction contract must be furnished prior to
the advertisement of that construction contract.
B. The Public Sponsor shall comply with the applicable provisions of the Uniform
Relocation Assistance and Real Property Acquisitions Policy Act of 1970, Public Law 91 -646, as
amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of
1987 (Public Law 100 -17), and the Uniform Regulations contained in 49 CFR Part 24, in
acquiring lands, easements, and rights of way, required for construction, operation, and
maintenance of the Rehabilitation Effort, including those necessary for relocations, borrow
materials, and dredged or excavated material disposal and shall inform all affected persons of
applicable benefits, policies, and procedures in connection with said Act.
ARTICLE IV METHOD OF PAYMENT
A. The Public Sponsor shall provide, during the period of construction, cash payments, in-
kind services, or a combination thereof, required to meet the Public Sponsor's obligations under
Article II of the Agreement. Rehabilitation Effort costs are currently estimated to be
and the Public Sponsor's share (cash and services in kind) of total Rehabilitation Effort costs is
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currently estimated to be In order to meet Public Sponsor's cash payment
requirements, the Public Sponsor must provide a cash contribution estimated to be
The dollar amounts set forth in this paragraph are based upon the Government's best estimates
that reflect projections of costs, price level changes, and anticipated inflation. Such cost
estimates are subject to adjustments based upon costs actually incurred, and are not to be
construed as the total financial responsibilities of the Government and the Public Sponsor.
B. The required cash contribution shall be provided as follows: At least ten calendar days
prior to the award of the first construction contract, the Government shall notify the Public
Sponsor of the Public Sponsor's estimated share of the total Rehabilitation Effort costs including
the Public Sponsor's estimated share of the costs attributable to the Rehabilitation Effort incurred
prior to the initiation of construction. Within five calendar days thereafter, the Public Sponsor
shall provide the Government the full amount of the required contribution by delivering a check
payable to "FAO, USAED "Seattle" to the Contracting Officer representing the Government.
The Government shall draw on the funds provided by the Public Sponsor such sums as the
Government deems necessary to cover contractual and in -house fiscal obligations attributable to
the Rehabilitation Effort as they are incurred, as well as Rehabilitation Effort costs incurred by
the Government. In the event that total Rehabilitation Effort costs are expected to exceed the
estimate given at the outset of construction, the Government shall immediately notify the Public
Sponsor of the additional contribution the Public Sponsor will be required to make to meet the
Public Sponsor's share of the revised estimate. Within ten calendar days thereafter, the Public
Sponsor shall provide the Government the full amount of the additional required contribution.
C. During the period of construction, the Government will provide periodic financial reports
on the status of the total Rehabilitation Effort costs and status of contributions made by the
Public Sponsor. Upon completion of the Rehabilitation Effort and resolution of all relevant
contract claims and appeals, the Government shall compute the total Rehabilitation Effort costs
and tender to the Public Sponsor a fmal accounting of the Public Sponsor's share of
Rehabilitation Effort costs.
1. In the event the total contribution by the Public Sponsor is less than the Public
Sponsor's required share of total Rehabilitation Effort costs, the Public Sponsor shall, no later
than 90 calendar days after receipt of written notice, make a cash payment to the Government of
whatever sum is required to meet the Public Sponsor's required share of the total Rehabilitation
Effort costs.
2. In the event total contribution by the Public Sponsor is more than the Public Sponsor's
required share of total Rehabilitation Effort costs, the Government shall, no later than 90
calendar days after the fmal accounting is complete, subject to the availability of funds, return
the excess to the Public Sponsor; however, the Public Sponsor shall not be entitled to any refund
for in -kind services. In the event the existing funds are not available to repay the Public Sponsor
for excess contributions provided, the Government shall seek such appropriations as are
necessary to repay the Public Sponsor for excess contributions provided.
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ARTICLE V CREDITING OF IN -KIND SERVICES
The Government has approved a credit for In -Kind Services, compatible with the
Rehabilitation Effort, in the estimated amount of for implementation of such
services by the Public Sponsor. The affording of such credit shall be subject to an onsite
inspection by the Government to verify that the work was accomplished in a satisfactory manner
and is suitable for inclusion in the Rehabilitation Effort. Crediting and/or reimbursement is
subiect to satisfactory compliance with applicable Federal labor laws covering non Federal
construction. including, but not limited to. 40 U.S.C. 3141 -3148 and 40 U.S.C. 3701 -3708
(revising. codifying and enacting without substantive change the provisions of the Davis -Bacon
Act (formerly 40 U.S.C. 276a et sea.). the Contract Work Hours and Safety Standards Act
(formerly 40 U.S.C. 327 et sea.) and the Copeland Anti- Kickback Act (formerly 40 U.S.C.
276c)). Crediting and/or reimbursement may be withheld. in whole or in part. as a result of the
Non Federal Sponsor's failure to comply with its obligations under these laws. The actual
amount of such credit shall be subject to an audit conducted to determine reasonableness,
allocability, and allowability of costs. The Government shall apply the credit amount toward any
additional cash contribution required under this Agreement. The Public Sponsor shall not
receive credit for any amount in excess of such additional cash contribution, nor shall the Public
Sponsor be entitled to any reimbursement for any excess credit amount.
ARTICLE VI OPERATION AND MAINTENANCE
A. After the Contracting Officer has determined that construction of the Rehabilitation Effort
is complete and provided the Public Sponsor with written notice of such determination, the
Public Sponsor shall continue to operate and maintain the completed Rehabilitation Effort as part
of the ro'ect at no cost to the Government in accordance with
specific directions prescribed b
p J p p by
the Government in Title 33, Code of Federal Regulations, Part 208.10, Engineer Regulation 500-
1-1, and any subsequent amendments thereto.
B. The Public Sponsor hereby gives the Government a right to enter, at reasonable times and
in a reasonable manner, upon land that the Public Sponsor owns or controls for access to the
project for the purposes of inspection, and, if necessary, for the purpose of completing,
operating, and maintaining the Project. If an inspection shows the Public Sponsor for any reason
is failing to fulfill the Public Sponsor's obligations under this Agreement without receiving prior
written approval from the Government, the Government will send a written notice to the Public
Sponsor. If, after 30 calendar days from receipt of such notice, the Public Sponsor continues to
fail to perform, then the Government shall have the right to enter, at reasonable times and in a
reasonable manner, upon lands the Public Sponsor owns or controls for access to the authorized
project for the purposes of completing, operating, and maintaining the project. No action by the
Government shall operate to relieve the Public Sponsor of responsibility to meet the Public
Sponsor obligations as set forth in this Agreement, or to preclude the Government from pursuing
any other remedy at law or equity to assure faithful performance pursuant to this Agreement.
ARTICLE VII FEDERAL AND STATE LAWS
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In the exercise of the Public Sponsor's rights and obligations hereunder, the Public Sponsor
agrees to comply with all applicable Federal and state laws and regulations:. including. but not
limited to: Section 601 of the Civil Rights Act of 1964. Public Law 88 -352 (42 U.S.C. 2000d)
and Department of Defense Directive 5500.11 issued pursuant thereto: Armv Regulation 600 -7.
entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or
Conducted by the Department of the Armv and all applicable Federal labor standards
requirements including, but not limited to. 40 U.S.C. 3141 -3148 and 40 U.S.C. 3701 -3708
(revising. codifying and enacting without substantive change the provisions of the Davis -Bacon
Act (formerly 40 U.S.C. 276a et sea.). the Contract Work Hours and Safety Standards Act
(formerly 40 U.S.C. 327 et sea.) and the Copeland Anti- Kickback Act formerly 40 U.S.C.
276c))
ARTICLE VIII RELATIONSHIP OF PARTIES
The Government and the Public Sponsor act in an independent capacity in the performance of
their respective functions under this Agreement, and neither party are to be considered the
officer, agent, nor employee of the other.
ARTICLE IX OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or resident commissioner, shall be admitted to
any share or part of this Agreement, or to any benefit that may arise therefrom.
ARTICLE X COVENANT AGAINST CONTINGENT FEES
The Public Sponsor warrants that no person or selling agency has been employed or retained
to solicit or secure this Agreement upon agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Public Sponsor for the purpose of securing
business. For breach or violation of this warranty, the Government shall have the right to annul
this Agreement without liability, or, in the Government's discretion, to add to the Agreement or
consideration, or otherwise recover, the full amount of such commission, percentage, brokerage,
or contingent fee.
ARTICLE XI TERMINATION OR SUSPENSION
If at any time the Public Sponsor fails to carry out its obligations under this Agreement, the
District Commander shall terminate or suspend work on the Rehabilitation Effort, unless the
District Commander determines that continuation of work on the Rehabilitation Effort is in the
interest of the United States or is necessary in order to satisfy agreements with any other non-
Federal interests in connection with this Rehabilitation Effort. However, deferral of future
performance under this agreement shall not affect existing obligations or relieve the parties of
liability for any obligation previously incurred. In the event that either party elects to terminate
this Agreement pursuant to this Article, both parties shall conclude their activities relating to the
Rehabilitation Effort and proceed to a final accounting in accordance with Article IV of this
Agreement. In the event that either party elects to defer future performance under this
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Agreement pursuant to this Article, such deferral shall remain in effect until such time as either
the Government or Public Sponsor elects to proceed with further construction or terminates this
Agreement.
ARTICLE XII HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the Contracting Officer, the
Public Sponsor shall perform, or cause to be performed, such investigations for hazardous
substances as are determined necessary by the Government of the Public Sponsor to identify the
existence and extent of any hazardous substances regulated under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) 42 U.S.C. Sections,
9601 -9675, on lands necessary to Rehabilitation Effort construction, operation, and maintenance.
All actual costs incurred by the Public Sponsor that are properly allowable and allocable to
performance of any such investigations for hazardous substances shall be included in
Rehabilitation Effort costs and cost shared as a construction cost.
B. In the event it is discovered through an investigation for hazardous substances or other
means that any lands, easements, rights -of -way, or disposal areas to be acquired or provided for
the Rehabilitation Effort contain any hazardous substances regulated under CERCLA, the Public
Sponsor and the Government shall provide prompt notice to each other, and the Public Sponsor
shall not proceed with the acquisition of lands, easements, rights -of -way, or disposal areas until
mutually agreed.
C. The Government and the Public Sponsor shall determine whether to initiate construction
of the Rehabilitation Effort, or, if already in construction, to continue with construction of the
Rehabilitation Effort, or to terminate construction of the Rehabilitation Effort for the
convenience of the Government in any case where hazardous substances regulated under
CERCLA are found to exist on any lands necessary for the Rehabilitation Effort and the
authorized Project. Should the Government and the Public Sponsor determine to proceed or
continue with the construction after considering any liability that may arise under CERCLA, the
Public Sponsor shall be responsible, as between the Government and the Public Sponsor, for any
and all necessary clean up and response costs, to include the costs of any studies and
investigations necessary to determine an appropriate response to the contamination. Such costs
shall not be considered a part of the total Rehabilitation Effort costs as defined in this
Agreement. In the event the Public Sponsor fails to provide any funds necessary to pay for clean
up and response costs or to otherwise discharge the Public Sponsor's responsibilities under this
paragraph upon direction by the Government, the Government may either terminate or suspend
work on the Rehabilitation Effort, or proceed with further work as provided in Article X of this
Agreement.
D. The Public Sponsor and Government shall consult with each other to assure that
responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any
decision made pursuant to paragraph C of this Article shall not relieve any party from any
liability that may arise under CERCLA.
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E. As between the Government and the Public Sponsor, the Public Sponsor shall be
considered the operator of the project (which the Rehabilitation Effort is repairing and restoring)
for purposes of CERCLA liability. To the maximum extent practicable, the Public Sponsor shall
operate and maintain the authorized project in a manner that will not cause liability to arise under
CERCLA.
ARTICLE XIII NOTICES
A. All notices, requests, demands, and other communications required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and delivered
personally, given by prepaid telegram, or mailed by first -class (postage prepaid), registered, or
certified mail, as follows:
If to the Public Sponsor: If to the Government:
[Insert address] District Commander
PO BOX 3755
SEATTLE, WA 98124 -3755
B. A party may change the address to which such communications are to be directed by
giving written notice to the other party in the manner provided in this Article.
C. Any notice, request, demand, or other communication made pursuant to this Article shall
be deemed to have been received by the addressee at such time as it is either personally
delivered, or, seven calendar days after it is mailed, as the case may be.
IN WITNESS HEREOF, the parties hereto have executed this Agreement, which shall
become effective upon the date it is signed by the District Commander.
THE DEPARTMENT OF THE ARMY THE [NAME OF PUBLIC SPONSOR]
BY: BY:
[Insert Name] [SIGNATURE]
Colonel, Corps of Engineers [TYPED NAME]
Commanding [TITLE IN FULL]
DATE DATE
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CERTIFICATE OF AUTHORITY
I, do hereby certify that I am the principal legal officer of the
[FULL NAME OF NON FEDERAL SPONSOR], that the [FULL NAME OF NON-
FEDERAL SPONSOR] is a legally constituted public body with full authority and legal capability
to perform the terms of the Agreement between the Department of the Army and the [FULL
NAME OF NON FEDERAL SPONSOR] in connection with the [FULL NAME OF
"PROJECT and to pay damages in accordance with the terms of this Agreement, if necessary,
in the event of the failure to perform, as required by Section 221 of Public Law 91 -611 (42 U.S.C.
Section 1962d -5b), and that the persons who have executed this Agreement on behalf of the [FULL
NAME OF NON FEDERAL SPONSOR] have acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of 200
[SIGNATURE'
[TYPED NAME]
[TITLE IN FULL]
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CERTIFICATION REGARDING LOBBYING
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 Folni 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.
DATED this day of 200
THE [NAME OF PUBLIC SPONSOR]
[SIGNATURE OF CA SIGNATORY]
[TYPED NAME]
[TYPED TITLE]
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