HomeMy WebLinkAboutC2026-118 - 8/11/2026 - Approved SERVICE AGREEMENT NO. 6978
Marketing Services for CCIA
THIS Marketing Services for the Corpus Christi International Airport (CCIA)
Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a
Texas home-rule municipal corporation ("City") and Morehead Dotts Rybak, Inc.
("Contractor"), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide marketing services in response to
Request for Bid/Proposal No. 6978 ("RFB/RFP"), which RFB/RFP includes the required
scope of work and all specifications and which RFB/RFP and the Contractor's bid or
proposal response, as applicable, are incorporated by reference in this Agreement as
Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor shall provide marketing services ("Services") in accordance
with the attached Scope of Work, as shown in Attachment A, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety, and in accordance with Exhibit 2.
2. Term.
(A) The term of this Agreement is one year beginning on the date executed by
the City. The parties may mutually agree to renew the term of this Agreement for
up to three additional one-year period(s) (each an "Option Term"), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Term.
(B) At the end of the term of this Agreement or the final Option Term, the
Agreement may, at the request of the City prior to expiration of the term, or final
Option Term if applicable, continue on a month-to-month basis for up to six
months, with compensation based on the applicable pro rata monthly amount of
the total amount stated in section 3 of this Agreement. The Contractor may opt
out of this month-to-month term by providing advance notice to the City at least
30 days prior to the expiration of the then-current term or final Option Term. During
the month-to-month term, either party may terminate the Agreement upon 30
days' advance written notice to the other party.
3. Compensation and Payment. This Agreement is for an amount up to $150,000.00,
subject to approved amendments and changes. Payment will be made for
Services performed and accepted by the City within 30 days of completion,
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subject to receipt of an acceptable invoice. All pricing must be in accordance
with the attached Quote/Bid/Pricing Schedule, as shown in Attachment B, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. Invoices must be mailed to the following address, with a
copy provided to the Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Teresa Martinez
Corpus Christi International Airport
361-826-3232 ext 1764
TeresaM@corpuschristitx.gov
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City may exercise its right
to specify time, place, and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
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release order signed by an authorized employee of the department or division.
The purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted
by the City must be corrected or re-worked immediately at no charge to the City.
If immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
the City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement are
new, quality items, fit for their intended purpose, and of good material and
workmanship. The Contractor warrants that it has clear title to the products and
that the products are free of liens or encumbrances.
(B) The specific warranty provisions applicable to this Agreement are stated in
Attachment D, which is attached to this Agreement and incorporated by
reference into this Agreement as if fully set out here in its entirety. Products and
Services, if any, purchased under this Agreement shall be warranted by the
Contractor or, if indicated in Attachment D by the manufacturer, for the period
stated in Attachment D.
(C) Contractor warrants that all Services shall be performed in accordance with
the standard of care used by similarly situated contractors performing the same
type or kind of services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on Attachment B
are estimates only and do not obligate the City to order or accept more than the
City's actual requirements nor do the estimates restrict the City from ordering less
than its actual needs during the term of the Agreement and including any Option
Term. Substitutions and deviations from the City's product requirements or
specifications are prohibited without the prior written approval of the Contract
Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in City's fiscal budget, and it is within the sole discretion of the
City's City Council to determine whether or not to fund this Agreement. The City
does not represent that a budget item for this Agreement will be adopted, as that
determination and decision is within the City Council's sole discretion when
adopting each fiscal budget.
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11. Independent Contractor. Contractor shall perform the Services and work
required by this Agreement as an independent contractor and shall furnish such
Services in its own manner and method, and under no circumstances or
conditions will any agent, servant, or employee of the Contractor be considered
an employee of the City.
12. Subcontractors. In performing the Services and work pursuant to this Agreement,
the Contractor may use subcontractors to complete the Services to be performed
under this Agreement. When using subcontractors, however, the Contractor must
obtain prior written approval from the Contract Administrator. Notwithstanding
the foregoing, Contractor has been approved to utilize subcontractors to provide
the Services whenever deemed necessary by the Contractor. In using
subcontractors, the Contractor is responsible for all of their/its subcontractors' acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
with the exception of providing COls to the City for Contractor's subcontractors in
the event a subcontractor does not separately maintain any type(s) or kind(s) of
insurance coverages, are applicable to all subcontractors and their employees
to the same extent as if the Contractor and its employees had performed the
Services and work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph. , Contractor may not enter into subcontracts or
utilize the services of subcontractors.
13. Amendments and Change Orders. This Agreement may be modified only by
written amendment or change order signed by an authorized representative of
each party. Change orders may be used to modify quantities as deemed
necessary by the City. Any changes that alter the method, price, or schedule of
Services and work by the Contractor must be allowable, allocable, within the
scope of any applicable federal grant or cooperative agreement, and
reasonable for the completion of the project scope for the Services.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. Reserved.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Teresa Martinez, Property Manager
Aviation Department
Service Agreement-Airport Marketing Page 4 of 8
1000 International Dr., Corpus Christi, TX 78406
Phone: 361-826-3232 ext 1764
Fax: 361-826-4580
IF TO CONTRACTOR:
Morehead Dotts Rybak, Inc.
Attn: Stephen Rybak, Principal & COO
418 Peoples St., Suite 400, Corpus Christi, TX 78401
Phone: 361-883-6327
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR
AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL
CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER
DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS,
CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) Termination for Cause. The City may terminate this Agreement for
Contractor's failure to comply with any of the terms of this Agreement. The City
must give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period
provided, the City may terminate this Agreement immediately thereafter.
(B) Termination for Convenience. Alternately, the City may terminate this
Agreement for convenience upon 30 days' advance written notice to the
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Contractor. In the event of a termination for convenience, the Contractor shall
be compensated for all Services performed prior to the date of termination, and
the City shall have no further obligation to the Contractor.
19. Effect of Breach. In addition to the remedy of termination, if the Contractor
violates or breaches any provision of the Agreement, the City may pursue any
other claims or causes of action available under the law. No specific sanctions or
penalties apply to this Agreement except those that are otherwise available
under the law.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation stated in section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential, or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to existing and applicable law, such invalidity shall not impair
the operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
and file Form 1295 "Certificate of Interested Parties" as part of this Agreement.
25. Governing Law. Contractor agrees to comply with all applicable federal, Texas,
and City laws in the performance of this Agreement. The applicable law for any
legal disputes arising out of this Agreement is the law of the State of Texas, and
the forum for such disputes is the appropriate district or county court in Nueces
County, Texas. In accordance with Chapter 2271 , Texas Government Code, if this
Service Agreement-Airport Marketing Page 6 of 8
contract has a value of $100,000 or more paid wholly or partly from public funds
and the Contractor has 10 or more full-time employees, Contractor verifies that
the Contractor does not boycott Israel and will not boycott Israel during the term
of this Agreement. In accordance with Chapter 2274, Texas Government Code,
Contractor verifies that the Contractor does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association and will not discriminate during the term of the Agreement against a
firearm entity or fire trade association. In accordance with Chapter 2276, Texas
Government Code, Contractor verifies that the Contractor does not boycott
energy companies and will not boycott energy companies during the term of this
Agreement.
26. Public Information Act Requirements. This clause applies only to agreements that
have a stated expenditure of at least $1,000,000 or that result in the expenditure
of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552,
Government Code, may apply to this contract and the Contractor agrees that
the contract can be terminated if the Contractor knowingly or intentionally fails
to comply with a requirement of that subchapter.
27. Federal Funding Requirements. This project is subject to requirements provided for
the Federal Aviation Administration (FAA) and/or other federal agencies. A set of
Federal Requirements has been attached as Attachment E, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. The Contractor must comply with Attachment E while performing the
Services. The Contractor will insert in any subcontracts all Federal
Provisions/Requirements contained in the Agreement, such other clauses as the
FAA, or its designee may by appropriate instructions require, and a clause
requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for the compliance by
any subcontractor or lower tier subcontractor with all the contract clauses.
28. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
[Signature Page Follows]
Service Agreement-Airport Marketing Page 7 of 8
CONTRACTOR
s �Ulc ba
Signature: Slepheb Rybak(Aug 5, 02607:59:51CD7
Printed Name: Stephen Rybak
Title: Principal
Date: 08/05/2026
CITY OF CORPUS CHRISTI
08/14/2026
Clarissa hnson(Aug 14,2026 10:08:32 CDT) M2026-073 ;uoiCrizec.i 5-
-,-Clarissa Johnson Date
Interim Assistant Director, Contracts & Procurement Coui7cil 8/11/2026
Reviewed by: RHSB
cka� 011 SWIM 08/04/2026
Clayton-Smith(Aug 4,2026 17:17:00 CDT)
Contracts Manager Date
Approved as to form: ATIEST:
&6vz"&fk Hwid(e-tf 08/13/2026
Elizabeth Hundley(Aug 13,2026 17:07:3 CDT) Rebecca Huerta(Aug 14,2026 11:18:37 CDT)
Assistant City Attorney Date
Rebecca Huerta
City Secretary
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Quote/Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Federal Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB/RFP No. 6978
Exhibit 2: Contractor's Bid/Proposal Response
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Attachment A: Scope of Work
General Requirements
Seeking a firm to continue to expand and evolve Corpus Christi International Airport's (CCIA)
current marketing presence and strategy. The strategy and campaign should be designed
to reduce leakage at the airport, focused on the benefits and attractiveness of CCIA to
Corpus Christi residents. Additional work, such as a campaign for a new airline, may be
assigned.
Scope of Work
A.Market Segmentation: Identifying CCIA's target audiences, including
demographic and geographic data, guest personas, targeting segments for growth
within the Greater Corpus Christi area.
B. Marketing Strategy: Develop a marketing plan focused on CCIA's existing 'Enjoy
Some Fresh Air' campaign, targeted to the local community. The primary work under
this plan will involve paid advertising, including Out-of-Home (OOH), banner ads,
social media, and other similar channels, as well as executing various special projects.
Work closely with the Airport Marketing Manager and Directors in developing and
deploying these materials. Additional work, such as a campaign for a new airline or
route, may be assigned.
C.Content Creation: Provide creative services including concept development,
design, and production of advertisements for digital advertising, including social and
display, and traditional print.
D. Reporting: Contractor shall execute the campaign with constant monitoring and
tracking analytics, reporting to the Airport and making changes when campaign
performs lower than projected. This data shall include, but is not limited to, clicks, click-
through-rate (CTR's), conversions, number of relevant searches, and impressions.
E. Ad Trafficking: Manage the trafficking of advertisements, including, but not limited
to search engine marketing (SEM) through Google Ads, display advertising on high-
traffic websites that are visited by CCIA target markets, retargeting, etc.
F. Media Placement: Advise and place media in radio, TV, streaming, print, or digital
media.
G. Collaboration: Contractor shall collaborate with the airport Marketing Manager
during the design, creation, execution, and management of campaigns. The
Marketing Manager must be the primary contact for the entire duration of
campaigns.
Page 1 of 2
H. Budget and Pricing: The budget of the one year term should not exceed
$150,000. Please provide a monthly creative services cost, along with a lump
sum for the term of the agreement.
Page 2 of 2
Attachment B: Pricing Schedule
CITY OF CORPUS CHRISTI
CONTRACTS & PROCUREMENT
PRICING FORM
RFP 6978
Marketing Services for CCIA
PAGE 1 OF 1
DATE: 02/18/2026 nA
nnDR
PROPOSER AUTHORIZED IGNATURE
1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing
proposal.
2. Provide your best price for each item.
3. In submitting this proposal, the Proposer certifies that:
a. The prices in this proposal have been arrived at independently, without consultation,
communication, or agreement with any other Proposer or competitor, for the purpose
of restricting competition with regard to prices;
b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest infer, ation
on file with the City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Proposer has incorporated any changes issued through Addenda to the RFP in this
pricing.
Description Qty Unit Unit Price Price Total
Creative 12 Months
Services $4,500 $54,000
Media & 1 Lump Sum
Outside $96,000
Costs
TOTAL CONTRACT VALUE NOT TO EXCEED $150,000.00
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ATTACHMENT C: INSURANCE REQUIREMENTS
No insurance or bonds are required for this service agreement.
Page 1 of 1
ATTACHMENT D: WARRANTY REQUIREMENTS
No manufacturer's warranty required for this Agreement.
Page 1 of 1
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Attachment E: Federal Requirements
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Al BUY AM'ERICAN PREFERENCE'
E
A1.1 SOURCE'
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Title 49 USC§50101
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A1.2 APPLICABILITY
The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured I
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goods used on AIR projects be produced in the United States. The statute gives the FAA the ability to Issue
a waiver to a sponsor to use non-domestic material on an AIP funded project subject to meeting certain ;
conditions. A sponsor may request that the FAA issue a waiver from the Buy American Preference
requirements if the FAA finds that:
1) Applying the provision:is not in the public interest _
2) The steel or manufactured.goods are not available in sufficient quantity or quality in the United
States;
3) The cost of components and subcomponents produced in the United States is more than
60 percent of the total components of a facility or equipment,and final assembly,has taken place
in the United States. Items that have an FAA standard specification item number(such as specific
airport lighting equipment)are considered the equipment. t
4) Applying this provision would increase the cost of the overall project by more than 25 percent.
Timing of Waiver Requests.. Sponsors desiring a Type 1 or Type 2 waiver must submit their waiver
requests before issuing a solicitation for bids or a request for proposal for a project.
a
The sponsor must submit Type 3 or Type 4 waiver requests prior to executing the contract. The FAA will
generally not consider waiver requests after execution of the contract except where extraordinary and
extenuating circumstances exist. The FAA cannot review waiver requests with incomplete information,,
Sponsors must assess the adequacy of the waiver request and associated information prior to forwarding.
a waiver request to the FAA for action,
Buy American Conformance List. The FAA Office of Airports maintains a listing of equipment that has
received a nationwide waiver from the Buy American Preference requirements or that fully meet the Buy.
American requirements. The Nationwide Buy American Waiver List is available online at
www.faa.goy/airports/aip/buy' american/, Products listed on the Buy American Conformance list do.not
require additional submittal of domestic.content information .under a project specific Buy American
Preference waiver.
Facility Waiver Requests. For construction of a facility,the;sponsor May submit the waiver request after
bid opening,but prior to contract execution. Examples of facility construction include terminal buildings,
terminal renovation,and snow removal equipment buildings. l
Contract Types
Construction and Equipment-The sponsor must meet the Buy American Preference requirements
of 49 USC§50101 for all AIP funded projects that require steel or manufactured goods. The Buy
America requirements flow down from the sponsor to first tier contractors,who are responsible
for ensuring that lower tier contractors and subcontractors are also in compliance.
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Note:The Buy American Preference does not apply to equipment a contractor uses as a tool of its
trade and which does not remain as part of the project.
Professional Services — Professional service agreements (PSAs) do not normally result in a
deliverable that meets the definition of a manufactured product. However, the emergence of
various project delivery methods has created situations where task deliverables under a PSA may
Include a manufactured product. If a PSA includes providing a manufactured good as a deliverable
under the contract, the sponsor must include the Buy American Preference provision in the
agreement.
Property—Most land transactions do not involve acquiring a manufactured product. However,
under certain circumstances, a property acquisition project could result in the installation of a
manufactured product. For example,the installation of property fencing,gates,doors and locks,
etc. represent manufactured products acquired under an AIP funded land project that must
comply with Buy American Preferences.
Use of Provision — No mandatory language provided. The following language is acceptable to the FAA
and meets the intent of this requirement. If the sponsor uses different language,the sponsor's revised
language must fully comply with 49 USC§ 50101.
There are two types of Buy American certifications. The sponsor must incorporate the appropriate
"Certificate of Buy America Compliance" in the solicitation:
• Projects for a facility (buildings such as terminals, snow removal equipment (SRE) buildings,
aircraft rescue and firefighting(ARFF) buildings,etc.)—Insert the Certificate of Compliance Based
on Total Facility.
• Projects for non-facility development (non-building construction projects such as runway or
roadway construction or equipment acquisition projects) — Insert the Certificate of Compliance
Based on Equipment and Materials Used on the Project.
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A1.3 SOLICITATION CLAUSE
The sponsor must include this clause in:
1) All AIP funded solicitations for bids, requests for proposals, or any work subject to Title VI
regulations; and
2) All sponsor proposals for negotiated agreements regardless of funding source.
A1.3.1 Title VI Solicitation Notice
Title VI Solicitation Notice:
The City of Corpus Christi,in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat.252,42 USC§§2000d to 2000d-4)and the Regulations,hereby notifies all bidders or offerors that
it will affirmatively ensure that any contract entered into pursuant to this advertisement, [select
disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated
against on the grounds of race,color,or national origin in consideration for an award.
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A2 DEBARMENT AND SUSPENSION
A2.1 SOURCE
2 CFR part 180(Subpart C)
2 CFR part 1200
DOT Order 4200.5
A2.2 APPLICABILITY
The sponsor must verify that the firm or individual that it is entering into a contract with is not presently
suspended, excluded, or debarred by any Federal department or agency from participating in federally
assisted projects.The sponsor accomplishes this by:
1) Checking the System for Award Management(SAM.gov)to verify that the firm or individual is not
listed in SAM.gov as being suspended,debarred,or excluded;
2) Collecting a certification from the firm or individual that it is not suspended, debarred, or
excluded;and
3) Incorporating a clause in the contract that requires lower tier contracts to verify that no
suspended,debarred,or excluded firm or individual is included in the project.
Contract Types—This requirement applies to covered transactions,which are defined in 2 CFR part 180.
AIP funded contracts are non-procurement transactions, as defined by§180.970. Covered transactions
Include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor,
supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is
expected to equal or exceed$25,000. This includes contracts associated with land acquisition projects.
Use of Provision—No mandatory language provided. The following language is acceptable to the FAA in
meeting the intent of this requirement. If the sponsor uses different language,the sponsor's language
must fully satisfy the requirements of 2 CFR part 180. For professional service agreements,sponsor may
substitute bidder/offeror with consultant.
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A2.3 SOLICITATION CLAUSE
A2.3.1 Bidder or Offeror Certification
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from participation in
this transaction.
A2.3.2 Lower Tier Contract Certification
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a"covered
transaction", must verify each lower tier participant of a"covered transaction" under the project is not
Page 4 of 15
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: hfp://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding
Debarment,above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a
higher tier participant that it was excluded or disqualified at the time it entered the covered transaction,
the FAA may pursue any available remedies, including suspension and debarment of the non-compliant
participant.
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A3 TRADE RESTRICTION CERTIFICATION
A3.1 SOURCE
49 USC§50104
49 CFR part 30
A3.2 APPLICABILITY
Unless waived by the Secretary of Transportation,sponsors may not use AIP funds on a product or service -
from a foreign country included in the current list of countries that discriminate against U.S. firms as
published by the Office of the United States Trade Representative(USTR).
Contract Types—The trade restriction certification and clause applies to all AIP funded projects.
Use of Provision—MANDATORY TEXT. 49 CFR part 30 prescribes the language for this model clause. The
sponsor must include this certification language in all contracts and subcontracts without modification.
A3.3 SOLICITATION CLAUSE
TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant
contract,the Offeror—
1) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S. firms as published by the Office of the United States
Trade Representative(USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country included on the list of countries that discriminate against
U.S.firms as published by the USTR;and
3) has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S.firms
published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false, fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18 USC Section 1001.
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49
CFR 30.17,no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S.firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list or
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3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render,in good faith,the certification required by this provision. The knowledge and information
of a contractor is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts.The Contractor may rely on
the certification of a prospective subcontractor that it is not a firm from a foreign country included on the
list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification,the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA.
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A4 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
A4.1 SOURCE
31 USC§ 1352—Byrd Anti-Lobbying Amendment
2 CFR part 200,Appendix II(J)
49 CFR part 20,Appendix A
A4.2 APPLICABILITY
Consultants and contractors that apply or bid for an award of$100,000 or more must certify 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 another award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award.
Contract Types—The sponsor must incorporate this provision into all contracts exceeding$100,000.
Use of Provision —MANDATORY TEXT. Appendix A to 49 CFR Part 20 prescribes language the sponsor
must use. The sponsor must incorporate this provision without modification.
A4.3 CONTRACT CLAUSE
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, 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 Bidder or
Offeror, 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 an employee of a Member
of Congress in connection with the awarding of any Federal contract,the making of any Federal
grant, the making of any Federal loan,the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
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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.
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Signature: Sgi'clh Or'WiKenhOefer
Sarah Brunkenhoefer(Aug 14,2026 08:28:12 CDT)
Email: citysecretary@corpuschristitx.gov
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AS TAX DELINQUENCY AND FELONY CONVICTIONS
AS.1 SOURCE i
Sections 415 and 416 of Title IV,Division L of the Consolidated Appropriations Act,2014(Pub. L. 113-76),
and similar provisions in subsequent appropriations acts,
DOT Order 4200.6 Requirements for Procurement and Non-Procurement.Regarding Tax Delinquency
E
and Felony Convictions.
A5.2 APPLICABILITY
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The sponsor must ensure that no funding goes to any contractor who:
• Has been convicted of a Federal felony within,the last 24 months,,,or
• Has any outstanding tax liability for which all judicial and administrative remedies have.lapsed or been exhausted
Contract Types—This provision applies to all contracts funded in whole or part with AIP.
r
Use of Provision—The following language is acceptable to the FAA,and meets the intent of this
f
requirement. If the sponsor uses different language,the sponsor's language must fully satisfy the
requirements of DOT Order 4200.6.
AS.3 CONTRACT CLAUSE
F
CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND FELONY
CONVICTIONS I
The applicant must complete the following two certification statements.The applicant must indicate its
current status as it relates to tax delinquency and felony conviction by inserting a checkmark(✓)in the
space following the applicable response.The applicant agrees that,if awarded a contract resulting from
this solicitation,it will incorporate this provision for certification in all lower tier subcontracts:
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Certifications
1) The applicant represents that it is( )is not(' )a corporation that has any unpaid Federal tax
liability that hats been assessed,for which all judicial and administrative remedies have been i
1
exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
2) The applicant i'e resents that it is is not ,, is not a corporation that was convicted of a
pp p (. . ) i .. ) P
criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations,the applicant its
ineligible to receive an award unless the sponsor has received notification from the agency suspension i
and debarment official(SDO)that the SDO has considered suspension or debarment and determined
that further action is not required to protect the Government's interests. The applicant therefore must h
provide I information to the owner about its tax liability or conviction to the Owner,.who will then notify I'
the FAA Airports District Office,which will then notify the agency's SDO to facilitate completion of
the required considerations before award decisions are made.
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