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thereof, shall not apply to liability caused by the negligence or willful misconduct of the party
indemnified or held harmless.

4. GOVERNING LAW AND VENUE

This Agreement shall be interpreted and enforced in accordance with the laws of the State of
New Hampshire, excluding any choice of law or conflicts of law rules that would result in the
application of the laws of a different jurisdiction, and any claim or action brought relating to this
Agreement, the work or services performed or contracted to be performed thereunder, or
referable in any way thereto shall be brought in Hillsborough County (New Hampshire) Superior
Court Sothem Judicial District or in the New Hampshire 9" Circuit Court- Nashua and not

elsewhere..
5. SEVERABILITY

If any provision of this Agreement is determined to be void, unlawful, or otherwise
unenforceable, that provision shall be severed from the remainder of this Agreement, and
replaced automatically by a provision containing terms as nearly like the void, unlawful, or
unenforceable provision as possible, or otherwise modified in such fashion as to preserve, to the
maximum extent possible, the original intent of the Parties, and this Agreement, as so modified,
shall continue to be in full force and effect.

6. AMENDMENT

No modification, amendment, or other change to this Agreement shall be effective unless agreed
to in a writing signed by each of the Parties.

Any proposed modification to the Scope of Work, including schedule, shall be submitted in
writing to the CITY with an explanation for the need to amend the Agreement and proposed
adjustment.

7. NO WAIVER

Failure or forbearance by any Party to exercise any of its nghts or remedies under this
Agreement shall not constitute a waiver of such rights or remedies in that or any other instance.
No Party shall be deemed to have waived any right or remedy resulting from such failure to
perform unless it has made such waiver specifically in writing.

8. TERMINATION

This Agreement can be terminated, in its sole discretion, by the CITY at any time, and
CONTRACTOR will be paid for all work performed up to the termination date. The CITY shall
have the benefit of all work performed to the date of termination, and is entitled to all work,
reports, drafts, notes, recommendations, etc. performed or prepared by CONTRACTOR up to the

termination date. For termination by default and other termination provisions, please refer to the
FTA clauses located within Exhibit A.

9. ENTIRE AGREEMENT

This Agreement and any amendments to this Agreement contain the complete agreement
between the Parties with respect to the subject matter of this Agreement and supersede all other
agreements and understandings, whether written or oral, with respect to the matters contained in

this Agreement, including any letters of intent, term sheets or similar proposals exchanged by the
Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the

CITY OF NASHUA
By: James W. Donchess, Duly Authorized

Signature:

Title: Mayor

Date:

EAST RIVER ENERGY
By: . Duly Authorized

Signature:

Title:

Date:

Exhibit A:
FTA CLAUSES

No Government Obligation to Third Parties

The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express
written consent by the Federal Government, the Federal Government is not a party to this contract and shall
not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or
not a party to that contract) pertaining to any matter resulting from the underlying contract.

The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.

Program Fraud and False or Fraudulent Statements and Related Acts

31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies,” 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the Contractor
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the penalties of
the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government
deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, staternent, submission. or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. §
1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems

appropriate.

The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.

Access to Records and Reports

49 U.S.C, 5325
18 CFR 18.36 (i)
49 CFR 633.17

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the
FTA Administrator, the Comptroller General of the United States or any of their authorized representatives
access to any books, documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also
agrees, pursuant to 49 C, F. R. 633.17 to provide the FTA Administrator or his authorized representatives
including any PMO Contractor access to Contractor's records and construction sites pertaining te a major
capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the
programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.
19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the
United States or any of their duly authorized representatives with access to any books, documents, papers
and record of the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions.

3. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with
49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)1)} through other than competitive bidding, the Contractor shall make available records related to the
contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized
officer or employee of any of them for the purposes of conducting an audit and inspection.

4. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to
copy excerpts and transcriptions as reasonably needed.

5. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a
period of not less than three years after the date of termination or expiration of this contract, except in the
event of litigation or settlement of claims arising from the performance of this contract, in which case
Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General,
or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.39(i)(1 1).

6. FTA does not require the inclusion of these requirements in subcontracts.
Federal Changes
49 CFR Part 18

Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement between

Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.
Contractor's failure to so comply shall constitute a material breach of this contract.

Termination

49 U.S.C. Part 18
FTA Circular 4220,1F

a. Termination for Convenience (General Provision) Purchaser, may terminate this contract, in whole or
in part, at any time by written notice to the Contractor when it is in the Government's best interest. The
Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up
to the time of termination. The Contractor shall promptly submit its termination claim to Purchaser, to
be paid to the Contractor. If the Contractor has any property in its possession belonging to the
Purchaser, the Contractor will account for the same, and dispose of it in the manner the Purchaser
directs.

b. Termination for Defauit [Breach or Cause] (General Provision) If the Contractor does not deliver
supplies in accordance with the contract delivery schedule, or, if the contract is for services, the
Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply
with any other provisions of the contract, Purchaser, may terminate this contract for default.
Termination shall be effected by serving a notice of termination on the contractor setting forth the
manner in which the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner of performance
set forth in the contract.

If itis later determined by Purchaser, that the Contractor had an excusable reason for not performing,
such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the
Contractor, Purchaser, after setting up a new delivery of performance schedule, may allow the
Contractor to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure (General Provision) Purchaser, in its sole discretion may, in the case of a
termination for breach or default, allow the Contractor [an appropriately short period of time] in which
to cure the defect. In such case, the notice of termination will state the time period in which cure is
permitted and other appropriate conditions

If Contractor fails to remedy to Purchaser’s satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (16) days] after receipt by Contractor of written
notice from Purchaser, setting forth the nature of said breach or default, Purchaser, shall have the right
to terminate the Contract without any further obligation to Contractor. Any such termination for default
shall not in any way operate to preclude Purchaser, from also pursuing all available remedies against
Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach In the event that Purchaser, elects to. waive its remedies for any
breach by Contractor of any covenant, term or condition of this Contract, such waiver by Purchaser,
shall not limit Purchaser, remedies for any succeeding breach of that or of any other term, covenant, or
condition of this Contract.

e, Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the Contractor fails
to comply with any other provisions of this contract, Purchaser, may terminate this contract for default.
Purchaser, shall terminate by delivering to the Contractor a Notice of Termination specifying the nature
of the default. The Contractor will only be paid the contract price for supplies delivered and accepted,
or services performed in accordance with the manner or performance set forth in this contract.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was
not in default, the rights and obligations of the parties shall be the same as if the termination had been
issued for the convenience of the Recipient.

Civil Rights Requirements

29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.

Civil Rights - The following requirements apply to the underlying contract:

1.

Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended,
42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42
U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees
that it will not discriminate against any employee or applicant for employment
because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and
other implementing requirements FT A may issue.

Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:

a.

Race, Color, Creed, National Origin, Sex - In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit
laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S. Department
of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. Parts 60 ef seq ., (which implement Executive Order No. 11246,
"Equal Employment Opportunity," as amended by Executive Order No.
11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal
statutes, executive orders, regulations, and Federal policies that may in the
future affect construction activities undertaken in the course of the Project.
The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.

Age - In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal
transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from
discrimination against present and prospective employees for reason of age.
In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.

Disabilities - In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C, § 12112, the Contractor agrees that
it will comply with the requirements of U.S. Equal Employment
Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R.
Part 1630, pertaining to employment of persons with disabilities. In

Mirarametrics @mel ET PROPOSAL FOR THE CITY OF NASHUA
: aaa ARPA ADMINISTRATIVE SERVICES

Metric Consulting (Metinc) is one of the largest privately held woman and minority-owned full-service
mel engineering firms specializing in disaster management, emergency response, and disaster grant
management in the United States. Headquartered in Miami, FL, Metric was founded in 1976 on the

Resitence «Recovery Brinciple of providing personalized consulting engineering services, Metric's commitment to

excellence - combined with our unrivaled client service - has gained the firm an outstanding reputation and, more importantly, the
trust and confidence of our clients. With 45 years of experience in emergency management and over 375 full-time personnel, Metric
is one of the leading providers of quality professional civil engineering and emergency management services in the southeastern
United States, Latin America, and the Caribbean, Metric is proud to be ranked by Engineering News-Record (ENR) as #429 on the

2019 Top 500 Design Firms; #54 on the 2018 Southeast Top 100 Design Firms; and #51 on the 2018 Top Construction
Management-for-Fee Firms lists, respectively.

Metric is well-versed in US Treasury regulations, CDBG-DR, CDBG — Mitigation (CDBG-MIT), Federal Emergency Management
Agency (FEMA) Public Assistance (PA) and other Federal Programs, They have led recovery initiatives nationwide, aiding clients in
Texas, New jersey, Alabama, Colorado, Connecticut, Florida, Louisiana, Rhode Island, South Carolina, Kansas, lowa, and Georgia, as
well as Latin America, and the Caribbean,

James Lee Witt has been a leader in addressing the response and recovery challenges of nearly
every major U.S, disaster since 1993. AG Witt, LLC. a national disaster recovery services consulting
firm, traces its roots to 200! when, after completing eight years as Director of FEMA, James Lee

Witt founded Witt Associates and began provid ng emergency management consulting services
V to state, county, and municipal government clients. In 2015, James Lee founded Witt Global

Partners and in 2019 teamed with Atlys Global to form AG Witt and provide a broader selection
of innovative service offerings. AG Witt team of expert professionals have been senior leaders in the federal government as well as
at the National Association of Counties,

A WITT

AG Witt, LLC, provides comprehensive emergency management and disaster advisory services from the initial response to an event,
through grant closeout and audit. They provide technical advice and staff augmentation for the administration of federal grant
programs including the FEMA PA and Individual Assistance grant programs, HUD CDBG and CDBG-DR, the DOT, the FHWA,
NRCS, Department of Education RESTART recovery advisory services, USDA, and FEMA Hazard Mitigation Assistance advisory
services.

The AG Witt team recognizes that every disaster is different and that staffing requirements may vary from one disaster to the next
as well as over the course of a disaster. They are proficient in all local, state. and federal regulations that apply to disaster events and

disaster recovery programs, All team members are highly trained professionals, recognized leaders in the industry and are up to date
on the latest FEMA policies and procedures,

Our team is proud to offer the City of Nashua a comprehensive disaster recovery and American Rescue Plan Funding Program
expertise—from beginning to end.

WHY THE IPARAMETRICS TEAM?

Our team can immediately meet the City of Nashua’s current or future emergency management needs, just as we have been doing
for communities across the United States over the past year. We have helped design, staff, and implement long-term recovery,
planning, and coordination efforts for large cities, states, and many local jurisdictions and non-governmental entities who have been
significantly impacted by disasters, Our strong history of providing disaster recovery and response services to communities recovering
from multiple simultaneous disasters gives our team the unique advantage of being able to hit the ground running, without a lag in
program start time. We will provide the City of Nashua guidance in not only navigating the COVID- 19 recovery and relief process,
but also in preparing for future disaster-related events.

PAGE 4

addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.

3. The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.

Disadvantaged Business Enterprise(DBE)
49 CER Part 26

This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation
by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. Purchaser’s,
overall goal for DBE participation is 1.4 %. A separate contract goal has not been established for this
procurement.

The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such other remedy
as Purchaser, deems appropriate. Each subcontract the contractor signs with a subcontractor must include
the assurance in this paragraph (see 49 CFR 26.13(b)).

The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance.

c

The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor’s receipt of payment for that work from
the Purchaser. In addition, the contractor may not hold retainage from its subcontractors and is required to
return any retainage payments to those subcontractors within 30 days after the subcontractor's work related
to this contract is satisfactorily completed and is required to return any retainage payments to those
subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the Purchaser,
and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.

The contractor must promptly notify Purchaser, whenever a DBE subcontractor performing work related to
this contract is terminated or fails to complete its work, and must make good faith efforts to engage another
DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any
DBE subcontractor and perform that work through its own forces or those of an affiliate without prior
written consent of Purchaser.

Incorporation of Federal Transit Administration (FTA) Terms

FTA Circular 4220.1F

Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain
Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall
not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would
cause (name of grantee) to be in violation of the FTA terms and conditions.

Suspension and Debarment

49 CFR Part 29
Executive Order 12549

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify
that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905,
are excluded or disqualified as defined at 49 CFR 29.940 and 29.945,

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with
49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by Purchaser. If it is later determined
that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to
Purchaser, the Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment, The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer
is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further
agrees to include a provision requiring such compliance in its lower tier covered transactions.

Breaches and Dispute Resolution

49 CFR Part 18
FTA Circular 4220.1F

FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on
the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate
clauses, The following clauses are examples of provisions from various FTA third party contracts.

Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient's [title of employee]. This decision shal! be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise tumishes a
written appeal to the [title of employee]. In connection with any such appeal, the Contractor
shail be afforded an opportunity to be heard and to offer evidence in support of its position.
The decision of the [title of employee} shall be binding upon the Contractor and the Contractor
shall abide be the decision.

Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees, agents or
others for whose acts he is legally liable, a claim for damages therefor shall be made in writing
to such other party within a reasonable time after the first observance of such injury of
damage.

Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the (Recipient) and the Contractor arising out of or relating
to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in
a court of competent jurisdiction within the State in which the (Recipient) is located.

Rights and Remedies - The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right
or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.

Lobbying

31 U.S.C. 1352
49 CFR Part 19

e Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.

Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of
_ 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ]

Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated
by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and
DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110¢d)

« Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which
provides that contractors file the certification required by 49 CFR Part 20, Appendix A.

Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying
Disclosure Act of 1995.

Use of "Disclosure of Lobbying Activities,” Standard Form-LLL set forth in Appendix B of 49 CFR
Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying,” 61 Fed.
Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.

Byrd Anti-Lobbying Amendment, 31 U.S.C, 1352, as amended by the Lobbying Disclosure Act of 1995, P.L.
104-65 [to be codified at 2 U.S.C, § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or
more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any
registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures
are forwarded from tier to tier up to the recipient.

APPENDIX A, 49 CFR PART 20-CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements

(To be submitted with each bid or offer exceeding $100,000)

The undersigned [Contractor] 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 an agency, a Member of Congress, an officer or employee of Congress, or