HomeMy WebLinkAboutC2005-200 - 3/29/2005 - ApprovedSTATE OF TEXAS
OFFICE
COUNTY OF TRAVIS
STATE ENERGY CONSERVATION
AGREEMENT - Interlocal Cooperation Act
INTERLOCAL CONTILA~ it
L:\Con h'ac tM anagement~Boilers~ln tm-localBoiler dot
Revised: 03/17/05
Recitals
Whereas, the City of Corpus Christi and the Comptroller of Public Accounts, State Energy Conservation
Office, will enter into an Agreement to provide for the administration and facilitation of the City of
Corpus Christi's Clean Cities Coordinator Program; and
Whereas, Chapter 403 and Section 2305.033, Texas Government Code, and Rider 9, Section B. 1.1 of the
Appropriations Act, Seventy-Seventh Texas Legislature, authorize the Comptroller and State Energy
Conservation Office (Comptroller or SECO) to enter into contracts and provide for the administration
and activities of the City of Corpus Christi Clean Cities Coordinator Program; and
Whereas, Section 791.011, Texas Government Code, authorizes agreements between agencies and
entities of the state and local entities, including the Cily of Corpus Christi; and
Whereas, on March 29, 2005, the City of Corpus Christi unanimously adopted a resolution in favor of
the adrmnistration and other activities associated with the City of Corpus Christi Clean Cities Clean
Cities Coordinator Program, as more fully set forth in Attachment A, "Statement of Services," to this
Agreement. Under this Agreement, the City of Corpus Christi shall provide all personnel, equipment,
materials, services, and other services as more fully set forth in Attachment A; and
Whereas, Comptroller agrees to pay to the City of Corpus Christi in return for the performance of the
services as set forth in Attachment A, the total cost of the services not to exceed $17,500.00, as more
fully detailed in Attachment B, "Budget" to this Agreement; and
Whereas, Rider 9 and Section B.I.1, Appropriations Act, Seventy-Seventh Texas Legislatm-e, provide
for the funding and Comptroller's administration, under the State Energy Plan, of cost-effective programs
that promote energy efficiency, preserve the environment, and protect the public health and safety
through grants, loans and public awareness and which funds are currently available to Comptroller
through the federally funded City of Corpus Christi Clean Cities Coordinator Program; and
Whereas, the foregoing amount fairly, reasonably, and adequately compensates the City of Corpus
Christi for all personnel, services, materials, and other expenses, provided to Comptroller and the City of
Corpus Christi Clean Cities Coordinator Program under this Agreement,
Now, Therefore, in consideration of all of the foregoing, the pm-ties hereby agree as follows:
I. Parties
This Interlocal Agreement ("Agreement") is made and entered into by the following parties:
The Agency:
(Receiving Agency)
Comptroller of Public Accounts, ("Agency")
State Energy Conservation Office
LBJ State Office Building
1ll E. 17t~ Street, Room 1114
Austin, Texas 78774
The Contractor:
(Performing Agency)
City of Corpus Christi, ("Contractor")
P.O. Box 9277
Corpus Christi, Texas 78469-9277
2005-200
03/29/05
Res026185
State Energy Conservation Office
Page 1 of 29
H. Authority
Tins Agreement is entered into pursuant to the Oil Overcharge Restitutionary Act, Chapter 2305, Texas
Government Code; the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and the State
of Texas Oil Overcharge Funds Disbursement Plan. Funding of this program is prov/ded by Exxon Oil
Overcharge Funds and/or Federal Funds received from the United States Department of Energy.
Ill. Services
Contractor shall provide all of the services described in Attachment A to this Agreement, which is
attached hereto and incorporated herein for all purposes. In addition, Contractor shall provide all
services reasonably related to those specified in Attachment A.
Contractor shall retain full control over the personnel, equipment, supplies, and other items Contractor
selects as necessary to provide all of the services described in Attachment A.
Contractor shall submit such records, information, and reports m such form and at such times as may be
required by Agency; these reports shall include, but are not limited to, the reports specified in
Attachment A.
IV. Payments
Total payments to Contractor under this Agreement shall not exceed Seventeen Thousand Five Hundred
Dollars and No Cents ($17,500.00L Contractor's payments under this Agreement are limited to
reimbursements of authorized costs and out-of-pocket expenses incurred pursuant to the budget provided
in Attachment B, which is attached hereto and incorporated herein for all purposes. No other amounts
shall be paid. Contractor shall submit each request for payment by submitting a detmled invoice, listing
expenses by budget categories. Contractor shall submit invoices that are fully supported by receipts and
such other documentation; Agency reserves the right, in its sole discretion, to withhold payment of
invoices for which Contractor does not submit documentation acceptable to Agency. Contractor shall
submit monthly invoices for services performed and costs incurred in the prior month. Contractor shall
submit performance reports as required by Attachment A.
Contractor shall be reimbursed for authorized travel under this Agreement only if travel is a budget
category in Attachment B. If travel is included in Attachment B, Con~'actor shall be reimbursed for
reasonable out-of-pocket travel expenses at rates not to exceed the approved State of Texas employee
rates.
Con,actor shall not purchase any equipment or computer software for its performance under this
Agreement without prior written approval from Agency. For this purpose, equipment is defined as
tangible personal property having a useful life of more than one year and an acquisition cost of five
hundred dollars ($500.00) or more per unit. Title to and control over equipment or license of any
software so purchased for Conlxactor's performance under this Agreement shall remain with Contractor
so long as it is being used for the purpose for which it was intended under the terms of this Agreement.
Agency reserves the right, in its sole discretion, to authorize revisions to budgeted amounts to provide for
flexibility within budget categories. Agency must give prior approval of all such revisions through its
execution of a written amendment to this Agreement.
V. Inspection, Monitoring and Records
Conla'actor shall permit Agency to inspect and shall make available to Agency for inspection any and all
pertinent records, files, information and other written material pertaining to the operation of programs
and expenditure of funds under this Agreement. This information includes, but is not limited to, all
information maintained by Conla'actor or any of its subcontractors. Contractor shall maintain, keep and
preserve at its principal office all such records for a period of four years and make the same available to
Agency, other state or federal agencies for auditing or other purposes authorized by applicable federal or
state law or guidelines. Agency may also carry out momtoring and evaluation act/v/ties to ensure
Contractor's compliance with the programs that are the subject of this Agreement and to make available
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copies of all financial audits and related management letters of Contractor and any subcontractors as
required under any applicable federal or state law or guidelines.
Contractor shall also comply with the inspection, monitoring and records requirements described in
Attachment A.
VI. Termination
Either party may terminate this Agreement by delivering written notice of the termination to the other
party at least thirty (30) days prior to the effective date of termination specified in the notice.
Upon receipt of notice of termination Rom Agency, Contractor shall have thirty (30) days in which to
complete projects which have been substantially performed. Upon receipt of such notice, Contractor
shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts of this Agreement
as of the effective date of such term/nation and shall otherwise cease to incur any costs; Agency shall
have no liability for costs incurred after such terrmnation date.
VII. Indemnification
To the extent permitted under the Constitution and laws of the State of Texas, Contractor shall
indemnify, save and hold harmless Agency, its officers, agents, representatives and employees, and the
State of Texas, its officers, agents, representatives and employees, from all suits, actions, losses,
damages, claims, or liability of any character, type, or description, including without limiting the
generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to
any person, or injury to any property, received or sustained by any person or persons or property, arising
out of, or occasioned by, the negligent acts of Contractor or its officers, agents, representatives or
employees, in the execution or performance of this Agreement.
VIII. Subcontracting
Contractor may subcontract for services to be provided under this Agreement with Agency's prior written
approval of each such subcontract and subcontractor. Contractor, in subcontracting any of its
performance hereunder, shall legally bind subcontractors to perform and make such subcontractors
subject to all the duties, requirements, and obligations of Contractor under this Agreement. Conlractor
shall be jointly and severally liable for all performances under this Agreement, including, but not limited
to, the performance of its subcontractors to the extent permitted under the Constitution and laws of the
State of Texas.
Contractor represents and warrants that it has obtained all necessary permits, licenses, easements,
waivers and permissions of whatsoever kind required for its performance and the performance of its
subcontractors under this Agreement. In no event shall any provision of this Paragraph, including, but
not limited to, the requirement that Contractor obtain the prior approval of Agency on Contractor's
subcontracts, be construed as relieving Contractor of the responsibility for ensuring that all services
rendered under its subcontracts comply with all the terms and provisions of tkis Agreement as if they
were rendered by Contractor. Contractor shall furnish Agency with copies of ali proposed subcontracts
and all proposed amendments, assignments, cancellations or terminations of said subcontracts no later
than thirty (30) days prior to the proposed effective date of such conlracts, amendments, assignments,
cancellations or terrmnations; provided, however, that this thirty (30) day period may be shortened by
written agreement of the parties.
IX. Amendments
This Agreement may only be amended upon the written agreement of the parties by executing an
amendment to this Agreement; however, Agency may unilaterally amend this Agreement as provided in
Paragraph XVIII.
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X. Incorporation of Attachments; Incorporation by Reference
All of the following attachments are attached hereto and incorporated into this Agreement for all
purposes:
Attachment A:
Attachment B:
Attachment C-I:
Attachment C-2:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Attachment H:
Statement of Services To Be Performed
Budget
DOE Assurance of Compliance, as completed by Contractor
DOE Assurance of Compliance, as completed by each subcontractor
Certification Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion-Lower Tier Covered Transactions, as completed by
Contractor
Certifications Regm-ding Lobbying; Debarment, Suspension and Other
Responsibility Matters; and Drug-Free Workplace Requirements, as
completed by Contractor
Disclosure of Lobbying Activities, as completed by Contractor
Assurances -- Non-Construction Programs, as completed by Contractor
Intellectual Property Provisions, as completed by Contractor
Contractor represents and warrants that it completed and provided the following Attachments to Agency
prior to executing this Agreement: C-l, D, E, F, G, and H. In addition, Contractor represents and
warrants that each of its subcontractors will complete and prov/de an Attachment C-2 to Contractor and
Agency prior to Contractor executing this Agreement.
All applicable rules, regulations and all other requirements imposed by law, including, but not limited to,
those pertinent rules and regulations of the State of Texas and those of federal agencies providing funds
to the State of Texas are incorporated into this Agreement by reference as if specifically written herein.
XI. Funding
Agency's performance of its obligations under this Agreement is contingent upon and subject to
availability of and actual receipt by Agency of sufficient and adequate funds from the sources
contemplated by this Agreement. This Agreement is subject to immediate cancellation or termination,
without penalty to Agency or the State of Texas, subject to the availability and receipt of these funds. In
addition, Agency is a state agency whose authority and appropriations are subject to the actions of the
Texas Legislature. If Agency becomes subject to a legislative change, revocation of statutory authority
or lack of funds that would render the services to be provided under tkis Agreement n'npossible or
unnecessary, Agency may terminate this Agreement without penalty to Agency or the State of Texas. In
the event of a termination or cancellation under this Paragraph, Agency shall not be reqmred to give
notice and shall not be liable for damages or losses caused or associated with such temUnation or
cancellation.
XII. Term of Agreement
The term of this Agreement shall be from upou signature of Agency until August 31, 2006 unless
terminated earlier in accordance with other prov/sions of this Agreement. The provisions of the
following shall survive the termination or expiration of this Agreement: Paragraphs V, VII, XV, XVI,
XVII; Sections 19.2, 19.3, 19.6; and Attachments C-l, C-2, G, and H.
XIII. Force Majeure
Except as otherwise provided, neither Contractor nor Agency shall be liable to the other for any delay in,
or failure of performance, of any requirement contained in this Agreement caused by force majeure. The
existence of such causes of delay or failure shall extend the period of performance until after the causes
of delay or failure have been removed provided the non-performing party exercises all reasonable due
diligence to perform. Force majeure is defined as acts of God, wm-, fires, explosions, hurricanes, floods,
failure of transportation, or other causes that are beyond the reasonable conla-ol of either pm.ty and that by
exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the
exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the
Page 4 of 29
other in writing with proof of receipt within three (3) business days of the existence of such force
majeure or otherwise waive this right as a defense.
XIV. Assignment
Without the prior written consent of Agency, Contractor may not transfer or assign any rights or duties
under or any interest in this Agreement.
XV. Property Rights
For the purposes of this Agreement, the term "Work" is defined as all reports, work papers, work
products, materials, approaches, designs, specification, systems, documentation, methodologies,
concepts, intellectual property or other property developed, produced or generated in connection with the
services provided under this Agreement. Agency and Contractor intend this Agreement to be a contract
for services and each considers the Work and any and all documentation or other products and results of
the services rendered by Contractor to be work made for hire. Contractor acknowledges and agrees that
the Work (and ali rights therein) belongs to and shall be the sole and exclusive property of Agency.
If for any reason the Work would not be considered work-for-h/re under applicable law, Contractor does
hereby sell, assign, and transfer to Agency, its successors and assigns, the entire fight, title and interest in
and to the copyright in the Work and any reg/strations and copyright applications relating thereto and any
renewals and extensions thereof, and in and to all works based upon, derived from, and incorporating the
Work, and in and to all income, royalties, damages, claims, and payments now or hereafter due or
payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present,
or future infringement based on the copyright,s, and in and to all righls corresponding to the foregoing.
Contractor agrees to execute all papers and to perform such other property rights as Agency may deem
necessary to secure for Agency or ilk designee the rights herein assigned.
Contractor and Contractor's employees shall have no rights in or ownership of the Work and any and all
documentation or other products and results of these services or any other property of Agency.
No later than the first calendar day after the termination or expiration of this Agreement or at Agency's
request, Contractor shall deliver to Agency all completed, or partially completed, Work and any and all
documentation or other products and results of these serv/ces. Failure to timely deliver such Work and
any and all documentation or other products and results of services shall be considered a material breach
of this Agreement. Contractor shall not make or retain any copies of the Work or any and all
documentation or other products and results of the services without the prior written consent of Agency.
In the event of any conflicting provisions between this Paragraph and Attachment H, Attachment H shall
control.
XVI. Severabllity Clause
In the event that any provision of this Agreement is later determined to be invalid, void, or
unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect, and
shall in no way be affected, impaired, or invalidated.
XVII. Dispute Resolution Process
Chapter 2260 of the Texas Government Code ("Chapter 2260") prescribes dispute resolution processes
for certain breach of contract claims applicable to certain contracts for goods and services. As required
by Chapter 2260, Agency has adopted rules under Chapter 2260, codified at 34 Texas Administrative
Code §§1.360 - 1.387, and may adopt revisions to these rules throughout the t~tm of this Agreement,
including any extensions. Contractor shall comply with such rules.
The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as
further described herein, by Agency and Contractor to attempt to resolve any claim for breach of
contract made by Contractor under this Agreement:
Page 5 of 29
(A)
Contractor's claim for breach of this Agreement that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided in
Chapter 2260. To initiate the process, Contractor shall submit written notice, as
required by Chapter 2260, to the Deputy Comptroller or his or her designee. Said notice
shall also be given to all other representatives of Agency and Contractor otherwise
entitled to notice under this Agreement. Compliance by Contractor with Chapter 2260
is a condition precedent to the filing of a contested case proceeding under Chapter 2260.
(B)
The contested case process provided in Chapter 2260 is Contractor's sole and exclusive
process for seeking a remedy for an alleged breach of contract by Agency if the parties
are unable to resolve their disputes under subparagraph (A) of this Section.
(c)
Compliance with the contested case process provided in Chapter 2260 is a condition
precedent to seeking consent to sue from the Legislature under Chapter 107, Civ. Prac.
and Rem. Code. Neither the execution of this Agreement by Agency nor any other
conduct of any representative of Agency relating to this Agreement shall be considered a
waiver of sovereign immunity to suit.
For all other specific breach of contract claims or disputes under this Agreement, the following shall
apply:
Should a dispute arise out of this Agreement, Agency and Contractor shall first attempt to
resolve it through direct discussions in a spirit of mutual cooperation. If the parties' attempts to
resolve their disagreements through negotiations fail, the dispute will be mediated by a mutually
acceptable third party to be chosen by Agency and Contractor within fifteen (15) days after
written notice by one of them demanding mediation under this Section. Con,actor shall pay all
costs of the mediation unless Agency, in its sole good faith discretion, approves its payment of
all or part of such costs. By mutual agreement, Agency and Contractor may use a non-binding
form of dispute resolution other than mediation. The purpose of this Section is to reasonably
ensure that Agency and Contractor shall in good faith utilize mediation or another non-binding
dispute resolution process before pursuing litigation. Agency's participation in or the results of
any mediation or another non-binding dispute resolution process under this Section or the
provisions of this Section shall not be construed as a waiver by Agency of (1) any rights,
privileges, defenses, remedies or immunities available to Agency as an agency of the State of
Texas or otherwise available to Agency; (2) Agency's termination rights; or (3) other
termination provisions or expiration dates of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, Contractor shall continue
performance and shall not be excused from performance dur/ng the period any breach of Contract claim
or dispute is pending under either of the above processes; however, Contractor may suspend performance
during the pendency of such claim or dispute if Contractor has complied with all provisions of
§2251.051, Tex Govt Code, and such suspension of performance is expressly applicable and authorized
under that law.
XVIII. Applicable Law and Conforming Amendments
Contractor shall comply with all laws, regulations, requiremen/s and guidelines applicable to a contractor
providing services to the State of Texas, as these laws, regulations, requirements and guidelines currently
exist and as they are amended throughout the term of this Agreement. Agency reserves the right, in its
sole discretion, to unilaterally amend this Agreement prior to award and throughout the term of this
Agreement to incorporate any modifications necessary for Agency's or Contractor's compliance with all
applicable state and federal laws, regulations, requirements and guidelines. Other than this provision, this
Agreement may only be amended by the written agreement of the parties.
Page 6 of 29
XIX. Additional Provisions
19.1 Time Limits
Time is of the essence in the performance of this Agreement and accordingly all time limits shall be
strictly construed and rigidly enforced.
19.2 No Waiver
This Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses,
remedies, or immunities available to Agency as an agency of the State of Texas or otherwise available to
Agency. The failure to enforce or any delay in the enforcement of any prix/leges, rights, defenses,
remedies, or immunities available to Agency under this Agreement or under applicable law shall not
constitute a waiver of such priwleges, rights, defenses, remedies, or immunities or be considered as a
basis for estoppel. Agency does not waive any privileges, rights, defenses, remedies or immunities
available to Agency as an agency of the State of Texas, or other,vise available to Agency, by entering
into this Agreement or by its conduct prior to or subsequent to entering into this Agreement. The
modification of any privileges, rights, defenses, remedies, or immunities available to Agency must
be In writing, must reference this section, and must be signed by Agency to be effective, and such
modification of any privileges, rights, defenses, remedies, or immunities available to Agency shall
not constitute waiver of any subsequent privileges, rights, defenses, remedies, or immunities under
this Agreement or under applicable law.
19.3 No Liability Upon Termination
If this Agreement is terminated for any reason, the parties and the State of Texas shall not be liable for
any damages, claims, losses, expenses, costs or any other amounts arising from or related to any such
termination.
19.4 Limitation on Authority; No Other Obligations
Contractor shall have no authority to act for or on behalf of Agency or the State of Texas except as
expressly provided for in this Agreement; no other aulhority, power, use, or joint enterprise is granted or
implied. Contractor may not incur any debts, obligations, expenses or liabilities of any kind on behalf of
Agency.
19.5 No Other Benefits
Contractor shall have no exclusive rights or benefits other than those set forth herein.
19.6 Supporting Documents; Right to Audit; Independent Audits
Contractor shall maintain and retain supporting fiscal documents adequate to ensure that claims for
conlxact funds are in accordance with applicable Agency and State of Texas requirements. Contractor
shall maintain all such documents and other records relating to this Agreement and the State's property
for a period of four (4) years after the date of submission of the final invoices or until a resolution of all
billing questions, whichever is later. Contractor shall make available at reasonable times and upon
reasonable notice, and for reasonable periods, all information related to the State's property, such as
work papers, reports, books, data, files, software, records, and other supporting documents pertaining to
this Agreement, for purposes of inspecting, monitoring, auditing, or evaluating by Agency, the State of
Texas or their authorized representatives. Contractor shall cooperate with auditors and other authorized
Agency and State of Texas representatives and shall provide them with prompt access to ail of such
State's properly as requested by Agency or the State of Texas. By example and not as an exclusion to
other breaches or failures, Contractor's failure to comply with this Section shall constitute a material
breach of this Agreement and shall authorize Agency to immediately assess liquidated damages for such
failure. For purposes of this Section, the "State's property" includes, but is not limited to, "Work" as
def'med in this Agreement. Agency may require, at Contractor's sole cost and expense, independent
audits by a qualified certified public accounting £trm of Contractor's books and records or the State's
property. The independent auditor shall provide Agency with a copy of such audit at the same time it is
Page 7 of 29
provided to Contractor. Agency retains the right to issue a request for proposals for the services of an
independent certified public accounting firm under this Agreement. In addition to and without limitation
on the other audit provisions of this Agreement, pursuant to Section 2262.003, Tex Gov't Code, the state
auditor may conduct an audit or investigation of the Contractor or any other entity or person receiving
funds from the state directly under this Agreement or indirectly through a subcontract under this
Agreement. The acceptance of funds by the Contractor or any other entity or person directly under this
Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority
of the state auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. This Agreement may be amended unilaterally by the
Comptroller to comply with any roles and procedures of the state auditor in the implementation and
enforcement of Section 2262.003. Under procedures provided by the state auditor on Septemb~ 5, 2003,
in addition to the above, (1) the Contractor understands that the acceptance of funds under this
Agreement acts as acceptance of the authority of the state auditor to conduct an audit or investigation in
connection with those funds; (2) the Contractor further agrees to cooperate fully with the state auditor in
the conduct of the audit or investigation, including providing all records requested; and (3) the Contractor
shall ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it
awards.
19.7 Debts or Delinquencies to State
Contractor acknowledges and agrees that, to the extent Contractor owes any debt or delinquent taxes to
the State of Texas, any payments or other amounts Contractor is otherwise owed under or related to this
Agreement may be applied by the ComptrolDr of Public Accounts toward any debt or delinquent taxes
Contractor owes the State of Texas until the debt or delinquent taxes are paid in full. These provisions
are effective at any time Contractor owes any such debt or delinquency. Contractor shall comply with
rules adopted by the Comptroller under §§403.055, 403.0551, 2252.903, Tex Gov't code, and other
applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas.
XX. Signatories
The undersigned signatories represent and warrant that they have full authority to enter into this
Agreement on behalf of the respective parties.
XXI. Merger
This Agreement contains the entire agreement between the parties relating to the rights granted and the
obligations assumed in it. Any oral representations or modifications concerning this Agreement shall be
of no force or effect unless contained in a subsequent writing, signed by both parties.
AGENCY:
C omptro l,~)¢~Public Ac c oui~s/!
Deputy Comptro?er /
Date ~/~"'~/ ~'~
....... ~i~ Page
8 of 29
CONTRACTOR:
City of CoTus Christi
/Jr')..
Cily Manager
Date
ATfEST:
Armando Chapa
City Secretary
APPROVED AS TO FORM:
This ~*~"dayof &/~f ] ,2005
BYR. j~. g~--~
Firsjr~Ass~stant City Attor~y
For C~y Attorney
Page 9 of 29
ATTACHMENT A Contract No.
STATEMENT OF SERVICES TO BE PERFORMED
Contractor shall perform all of the services described in this Attachment A, or otherwise required
by this Agreement, ("services"). These services include, but are not limited to, the furnishing of
all personnel and the procurement of all equipment, supplies, and other items necessary to
provide those services in compliance with this Agreement. Contractor shall provide all services
in accordance with the Standards of Performance es~blished by Agency for these services.
Contractor shall review and implement Agency recommendations, as Agency adopts them fi-om
time to time, so that the services may be expeditiously and satisfactorily completed. Contractor
shall meet with Agency at such times as Agency may reasonably request to discuss the progress
of services and any other matters that may arise in regard to this Agreement.
Contractor shall provide all of the following services:
Contractor shall continae to facilitate the DOE Clean Cities initiatives and implement
the goals and objectives of the Coalition
2
Contractor shall submit request to Department of Energy for Cleao Cities Program Plan
Re-Designation.
Contractor shall recruit Stakeholders and Partners (public and private) to join the
Coalition.
4. Contractor shall hold meeting of Stakeholders at least every two months.
Contractor shall conduct and participate in public education outreach campaigns to
disseminate information on alternative fuels.
Contractor shall work with other Texas Clean Cities Coordinators to develop statewide
networks, incentives, and air quality strategies.
Contractor shall attend state, regional and national Clean Cities meetings as available.
Contractor shall prepare and submit monthly progress reports on or by the 10t~ day of
each month. Reports may be submitted via e-mail and are required in this Agreement
Contractor shall prepare and submit a Final Project Report to the State Energy Office
30-days prior to the end of the Agreement.
Contractor shall provide the following services during the period of this Agreement and all
services reasonably related to them. Agency may rfiquest additional records, information or
reports related to the services hereinafter described and funded by Agency pursuant to
Attachment B. These services are as follows:
The minimum deliverables are summarized in the following chart:
Deliverables and Milestones
1. Facilitate the goals and objectives of Clean Cities
2. Submit request for Re-Designation to DOE
3. Recruit Stakeholders and Partners
4. Hold Stakeholder meeting at least Bi-Monthly
Schedule
3/15/2005-Ongoing
On or by 12/1/2005
3/15/2005-Ongoing
3/15/2005-Ongoing
Page 10 of 29
ATTACHMENT A (continued) Contract No.
STATEMENT OF SERVICES TO BE PERFORMED
5. Participate in Education Outreach
6. Participate in state, regional and national events
7. Prepare and submit Monthly Progress Reports
10. Prepare and submit Final Project Report
3/15/2005-Ongoing
3/15/2005-Ongoing
On or by the 10th day of
each month
30-days prior to end of
Agreement
Page 11 of 29
ATTACH3~ENT B Contract No.
BUDGET
Personnel ~ $10,000.00
Supplies and Materials
Travel2
Air[are, per diem, mileage, and other direct travel expenses
$3,600.00
$3,900.00
Total Direct Costs
$17,500.00
Contractor Provided Match
$17,500.00
Kiln McGuire, Director. Enviroquncntal Programs. shall b~ Prolect Director for this project and shall be msponsfble for the ov=rall supermsion
and condu ct of th~ project on behalf of Contractor Any Change of ProJect Director shall be subject to thc prior whilen approval of Agency
Ou~-o f-stat~ travel requires prior ~mrten approval o£ Agency. All actual, reason~le txavel expenses vall be reimbursed at state autlmrLz~ rates,
Page 12 of 29
ATYACHMENT C-1 Contract No.
DOE F 1600.5
(06-94)
All Other Editions Are Obsolele
OMB Control No,
19104)400
U.S. DEPARTMENT OF ENERGY
Assurance of Compliance
Nondiscrimination in State Assisted Programs
OMB Burden Disclosure Statement
Public reporting burden /or this collection or information is estinmted to average 15 minutes per rc~oms¢, including the time for
rewewin8 instructions, se-arching extsung data sources, 8athe~ng and maintaining the data needed, and completing and reviewng
the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of inforrmtion.
including suggestions for reducing this burden, Io Office o£ Information Resources Management Policy, Plans, and Oversight,
Recorc~ Management Division, HRM2243TN, Paperwork Reduction Project (19104M00), U.S. Depam'ne,nt of Energy. 1000
Indep~mdence Avenue, SW., Washington, DC 20585; and to the Office of Manage'mere and Budget (OM[I). Pape~vork Reduction
Eroje~t (19104M00), W~shington. DC 20503
City of Corpus Christi_(Hereinatter called the "Applicant") HEREBY AGREES to comply with Title VI of the
Civil Rights Act of 1964 (Pub. L. 88-352), Section 16 of the Federal Energy Admmislxation Act of 1974 (Pub. L.
93-275), Section 401 of the Energy Reorganization Act of 1974 (Pub. L. 93438), Title IX of the Education
Amendments of 1972, as amended (Pub. L. 92-318, Pub. L. 93-568, and Pub. L. 944.82), Section 504 of the
Rehabilitation Act of 1973 (Pub. L. 93-112), the Age Discrimination Act of I977 (Pub. L. 94-135), Title VHI of the
Civil Rights Act of 1968 (Pub. L. 90-284), the Department of Energy OrgamZation Act of 1977 (Pub. L. 95-91), the
Energy Conservation and Production Act of 1976, as mended, (Pub. L. 94-385) and Title 10 Code of Federal
Regulations, Part 1040. In accordance with the above laws and regulations issued pursuant thereto, the Applicant
agrees to assure that no person in the United States shall, on the ground of race, color, national origin, sex, age, or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
m~der any program or activity in which the Applicant receives Federal assistance from the Deparmaent of Energy.
Applicability and Period of Obligation
In the case of any service, financial aid, covered employment, equipment, property, or slxuctm-e provided, leased, or
improved with Federal assistance funding extended to the Applicant by the Department of Energy, this assurance
obligates the Apphcant for the per/od during which the Federal assistance is extended. In the case of any tannsfer of
such service, fmancial aid, equipment, property, or stracture, this assurance obligates the txansferee for the period
during which Federal assistance is extended. If any personal property is so provided, this assurance obhgates the
Applicant for the period during which it retains ownership or possession of the property. In all other cases, this
assurance obligates the Applicant for the period during which the Federal assistance is extended to the Applicant by
the Department of Energy.
Employment Practice~
Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment
practices affect the delivery of services in progranu or activities resulting from Federal a.ssismnce extended by the
Department of Energ3,, the Applicant agrees not to discrimhaate on the ground of race, color, national origin, sex,
a.nd disability, in its employment practices, Such employment practices may include, but are not limited to,
recruitment, advertising, bfiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and
participation in upward mobility programs, or other forms of compemation and use of facilities.
Subrecipient Assurance
The Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or
subleases for the purpose of providing any service, financial aid, equipment, property, or slructure to comply with
laws cited above. To this end, the subrecipient shall be required to sign a written assurance form; however, the
obligation of both recipient and subrecipient to ensure compliance is not relieved by the collection or submission of
v,Titten assurance forms.
Page 13 of 29
Data Collection and Access to Records
The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result
of the Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but
is not limited to the following: (1) thc maimer in which services are or will be provided and related data necessary
for deterrmning whether any persons are or will be denied such services on the basis of prohibited discrimination;
(2) the population eligible to be serviced by race, color, national origin, sex, and disability; (3) data regarding
covered employment, including use or planned use of bilingual public contact employees serving beneficiaries of the
program where necessary to permit effective participation by beneficiaries unable to speak or understand English;
(4) the location of existing or proposed facilities connected with the program and related information adequate for
determimng whether the location has or will have the effect of unnecessarily denying access to any person on the
basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, and
disability, in any planning or advisory body which is an integral part of the program; and (6) any additional written
data determined by the Deparm~ent of Energy to be relevant to the obligation to assure compliance by rec~ients
with laws cited in the first paragraph of this assurance.
The Applicant agrees to submit requested data to the Department of Energy regarding programs and activities
developed by the Applicant fxom the use of Federal funds extended by the Departmemt of Energy. FaciLities of the
Applicant (including the physical plants, buildings, or other structures) and all records, books, accounts, and other
sources of informahon pertinent to the Applicanfs compliance with the civil fights laws shall be made available for
inspection during normal business hours of request of an officer or employee of the Department of Energy
specifically authorized to make such inspections. Instamctions m this regard will be provided by the Dixector, Office
of Civil Rights, U. S. Department of Energy.
This assurance is given in consideration of and for the purpose of obtaming any and all Federal grants, loans,
contracts (excluding procurement contracts), property, discounts or other Federal assistance extended after the date
hereto, to the Apphcants by the Department of Energy, including installment payments on account al~er such date of
application for Federal assistance which are approved before such date. The Applicant recoLzniTes and agrees that
such Federal assistance will be extended in reliance upon the representations and agreements made in tlus assurance
and that the Umted State shall have the right to seek judicial enforcement of th.is assurance. This assurance is
binding on the Applicant, its successors, transferees, and assignees, as well as the person(s) whose signature appears
below and who is authorized to sign this assnsance on behalf of the Applicant.
Applicant Cer tillcatlon
The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with all
applicable requirements of 10 C.F.R. § 1040.5 (a copy will be furmshed to the Applicant upon wrii~an request to
DOE.)
Designated Responsible Employee
Kim McGuire, Director, Environmental Programs
Name and Titlg (Printed or Typed)
Contractor
Cit~ of Cor~us Christi
Name of Organization
P.O. Box 92777 Co~us Christi, Texas 78469
Addres~
(361 ) 826-4064
Telephone Number
OwL
Date
(361 ) 826-4064
Telephone Number
Page 14 of 29
Authorized Official:
George K, Noe, CiW Manager
Name.~ (~inted or Typed)
Signeted' '
(361)880-3222
Telephone Number
Date
Page 15 of 29
ATrACH3TENT C-2 Contract No.
DOE F 16005
(06 94)
All Other Editions Are Obsolete
OMB Contz~al No.
19104MO0
U.S. DEPARTMENT OF ENERGY
Assurance of Compliance
Nondiscrimination in State Assisted Programs
OMB Burden Disclosure Statement
Public reporting burden for this collection of informahon is ~bnmled to average 15 minutes per response, including the firr~ for
reviewing instructions, seamhing existing data sources, gathe~sng and rmaintaining the data needed, and complehng and reviewing
the collection of th forrnation. Send comrnencs regarding this burden estimat~ or any other aspect of ~his collection of information,
including sugge~tiolls for reducing this burden, to Office of Information Re~ource~ Management Policy, Plans, and Oversight,
Records Management Division, HR-422-GTN, Paper~vork R~uction Prol~t (1910-0400), U.S. Department of Energy, 100~
Independence Avcmue, S.W, Washington, DC' 20585; and to the Office of Manag~w~-nt and Budget (OMB), Paperwork Reduction
Project (19104MO0), Wmshington, DC 20503
City of Corpus Christi (Hereinafter called the "Applicant") HEREBY AGREES to comply with Title VI of the Civil
Rights Act of 1964 (Pub. L. 88-352), Section 16 of the Federal Energy Adaniaistration Act of 1974 (Pub. L. 93-
275), Section 401 of the Energy Reorgantzation Act of 1974 (Pub. L 93--438), Title IX of the Education
Amendments of 1972, as amended (Pub. L. 92-318, Pub. L. 93-568, and Pub. L. 94-482), Section 504 of the
Rehabilitation Act of 1973 (Pub~ L. 93-112), the Age Discrimination Act of 1977 (Pub. L. 94-135), Title VIII of the
Civil Rights Act of 1968 (Pub. L. 90-284), the Department of Energy Organization Act of 1977 (Pub. L. 95-91), the
Energy Conservation and Production Act of 1976, as amended, (Pub L 94-385) and Title 10 Code of Federal
Regulations, Part 1040. In accordance with the above laws and regulations issued pursuant thereto, the Apphcant
agrees to assure that no person in the United States shall, on the ground of race, color, national origin, sex, age, or
disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity in which the Applicant receives Federal assistance from the Department of Energy.
Appllcablllt~ and Period of ObBgation
In the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or
improved with Federal assistance binding extended to the Applicant by the Department of Energy, this assurance
obligates the Applicant for the period during which the Federal assistance is extended. In the case of any transfer of
such service, financial aid, equipmem, property, or stt'usture, this assurance obligates the transferee for the period
during which Federal assistance is extended. If any personal property is so provided, this assu. rarme obhgates the
Applicant for the period during which it retains ownership or possession of the property. In all other cases, this
assurance obligates the Applicant for the period during which the Federal assistance is extended to the Apphcant by
the Department of Energy.
Employment Practices
Where a pnmm3, objective of the Federal assistance is to provide employment or where the Applicant's employment
practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the
Department of Energy, t~e Applicant agrees not to discriminate on the ground of race, color, national ofighL sex,
and disability, in its employmenl practices. Such employment practices may include, but axe not limited to,
recruitment, advertising, hiring, layoff or temunation, promotion, demotion, transfer, rates of pay, txaining and
participation in upward mobility programs, or other forms of compensation and use of facilities.
Subreclpient Assurance
'I"ne Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or
subleases for the purpose of providing any service, financial aid, equipment, property, or structure to comply with
laws cited above. To this end, the subrecipient shall be required to sign a written assurance form; however, the
obiigation of both recipient and subrecipient to ensure compliance is not relieved by the collection or submission of
,,vritten assurance forms.
Page 16 of 29
Data Collection and Access to Records
The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result
nftbe Applicanfs receipt of Federal assistance from the Department of Energy. Such information shall include, but
is not limited to the following: (1) the manner in wkich services are or Will be provided and related data necessary
for detemtining whether any persons are or will be denied such services on the b~sis of prohibited discrimination;
(2) the population eligible to be serviced by race, color, national origin, sex, and disabilityg (3) data regarding
covered employment, including use or planned use of bilingual public contact employees serving beneficiaries of the
program where necessary to permit effective participation by beneficiaries unable to speak or understand English;
(4) the location of existing or proposed facilities connected wilh the program and related information adequate for
determining whether the location has or will have the effect of unnecessarily denying access to any person on the
basis of prohibited discrimination; (5) the present or proposed membership by race, color, national origin, sex, and
disability, in any plarmmg or advisory body which is an integral part of the program; and (6) any additional written
data determined by the Depar~nent of Energy to be relevant to the obligation to assure compliance by recipients
with Jaws cited in the first paragraph of this assurance.
The Applicant agrees to subrmt requested data to the Department of Energy regarding programs and activities
developed by the Applicant from the use of Federal funds extended by the Department of Energy Facilities of the
Applicant (including the physical plants, buildings, or other smactures) and all records, books, accounts, and other
sources of information pertinent to the Applicant's compliance vath the civil fights laws shall be made available for
inspection during normal business hours of request of an officer or employee of the Department of Energy
specifically authorized to make such inspections. Instructtons in this regard will be provided by the Director, Office
of Civil Rights, U. S. Departanent of Energy.
This assurance is given in consideration of and for the purpose of obtaimng any and all Federal grants, loans,
contracts (excluding procurement conlracts), property, discounts or other Federal assislance extended after the date
hereto, to the Applicants by the Department of Energy, includmg mslallrnent payments on account after such date of
application for Federal assistance which are approved before such date. The ApplJcnnt reco~m~i~es and agrees that
such Federal assistance will be extended in reliance upon the representations and agreements made in this assurance
and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is
bindLng on the Applicant, its successors, transferees, and assignees, as well as the person(s) whose signature appears
below and who is authorized to sign this assurance on behalf of the Applicant.
Applicant Certification
The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with all
apphcable requirements of 10 C.F.R. § 1040.5 (a copy will be fi.wnished to the Applicant upon written request to
DOE.)
Designated Responsible Employee
Name and Title (Printed or Typed)
Telephone Number
Signature
Contractor
Date
Name of Organization
Telephone Number
Page 17 of 29
Address
Authorized Official:
Name and Title (Printed or Typed)
Signature
Telephone Number
Date
Page 18 of 29
ATTACHMENT D Contract No.
Certification Regarding Debarment, Suspension, Ineligibility,
and Voluntary Exclusion-Lower Tier Covered Transactions
Instructions for Certification
1. The prospective lower tier participant is required to sign the a~ached certification.
q~e certification m this clause is a material representation of fact upon winch rehance was placed when this
transaction was entered into. If it is later deterrnmed that the prospective lower tier participant k~owmgly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
deparmaent or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
The prospective lower tier participant shall provide i~n~ediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certificahon was
erroneous when submitted or has become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," ,,primary covered transaction," "principle," "proposal," and "volunlarily excluded," as
used m this clause, have the meanings set out in the Definitions and Coverage sections of the rules m~plementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance m
obtaining a copy of those regulafons.
The prospective lower t~er participant agrees by submitting this proposal that. should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared inelig~le, or voluntarily excluded kom participation in this covered
transaction, urdess authorized by the department or agency with which this transaction originated.
The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Debarment. Suspension, Inelig~ility and Voluntary Exclusion-Lower Tier
Covered Transaction," without modification, in all solicitations for lower tier covered transactions
A participant m a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excludedfrom the covered
transaction, unless it knows that the certification is erroneons. A participant may decide the method and
fi-equency by which it determines the eligibihty of its principals. Each participant may, but is not required to,
check the Nonprocmement List
Notking cuntamed in the foregoing shall be construed to require establishment of a system of records in order to
render m good faith the certification required by this clause. The knowledge and information of a participant is
not required to exceed that which is normally possessed by a prudent person in the ordinary course of business
dealings,
Except for transactions authorized under paragraph 5 of these Instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
inehgible, or voluntarily excluded f~om participation in tins transaction, m addition to other remedies available
to the Federal Government, the department or agency with which fi:ds transaction originated may pursue
available remedies, mcludhag suspension and/or debarment.
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, tach prospective participant shall attach an explanation to this proposal.
Page 19 of 29
City of Comus Christi
Organization Name
George I~. Noe,Citv Manager
Na~~f Authorized Representative
S/~gn:~ttfr e
Date
Page 20 of 29
ATTACHMENT E Contract No.
CERTIHCATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORK~LACE REQ~MENTS
Applicants should refer to the regulalions cited below to determine the certification to which tbey are requir~d to attest. Applicants should also
review the instructions for certification included in thc regulations before completing this form. Signature of this form provides for con~liance
with certificalion requirements under 34 CFR Part 82, "New Reslricfions on kobbying," and 34 CFR Part 85, "Governrr~nt-,,~de Debarrmmt and
Suspension (Nonprocuremenl) and Governrnem-wide Requiremems for Drug-Free Workplace (Grants).~ The certifications shall be treated ~s a
rnatenal representation of fact upon which reliance will be placed when the Department o£ Energy determin~ to award the cove~ed transaction,
grant, or coo~rative agreement.
LOBBYING
The undersigned certifies, to the best of his or her
kamwledge 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 contxact, grant,
loan, or cooperative agreement.
(2)
If any funds other than Federal appropriated
fimcls have been paid or will be paid to any
person for influencing or aaempting 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 subrmt
Standard ForrmLLL, "Disclosure Form to
Report Lobbying," in accordance with its
instructions.
(3)
Ihe undersigned shall require that the language
of tins certification be included in the award
documents for all subawards at all tiers
(including subcontracts, subgraats, 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
~ansaction was made or entered into. Submission of
th~s certification is a prerequisite for making or
entering into this txansaction 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.
DEBARMENT, SUSPENSION, AND OTItER
RESPONSIBILITY MATTERS
(1) The prospective prunary participant certifies to
the best of its knowledge and bel/ef, that it and
its principals:
(a) Axe not presently debarred, suspended,
proposed for debarment, declared
ineligible, or voluntarily excluded fxom
covered transactions by any Federal
department or agency;
(b) Have not within a three-year period
receding this proposal been convicted of or
had a civil judgment rendered against them
for commigsion of fi-aud or a criminal
offense in connection with obtaining.
attempting to obtain, or performing a public
(Federal, State or local) transaction or
contract under a public mmsaction;
violation of Federal or State antitrust
statutes or commission of embezzlement,
theft, forgery, bribery, falsification or
destruction of records, nmking false
statements, or receiving stolen property;
(c) Axe not presently indicted for or otherwise
criminally or civilly charged by a
government entity (Federal, State or local)
with comnnssion of any of the offenses
enumerated in paragraph (l)(b) of this
certification; and
(d) Have not within a three-year period
preceding this application/proposal had one
or more public ttamactions (Federal, State
or local) terminated for cause or default.
Page 21 of 29
(2) Where the prospective primary participant is
unable to certify to any of the statements in ~his
certification, such prospective participant shall
attach an explanation to this proposal.
3. DRUG-FREE WORKPLACE
This certification is required by the Drug-Free
Workplace Act of 1988 (Pub. L. 100-690, Title V,
Subtitle D) and is implemented through additions to
the Debarment and Suspension regulations,
published in the Federal Re~,ister on January 31,
1989, and May 25, 1990.
AL TERNA TEI
(GRANTEES OTHER THAN INDIVIDUALS)
(I) lhe grantee certifies that it will or will continue
to provide a drug-free workplace by:
(a) Publishing a statement notifying employees
that the unlawful manufacture, distribution,
dispensing, possession, or use of a
controlled substance is prohibited in the
grantee's workplace and specifying the
actions that will be taken against employees
for violation of such prohibition;
(b) Establishing an ongoing drug-flee
awareness progran~ to inform employees
about:
(1) The dangers of drug abuse in the
workplace;
(2) The grantee's policy of maintainmg a
drug-fi.ce workplace;
(3) Any available drug counseling,
rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed
upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee
to be engaged in the performance of the
grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement
required by paragraph (a) that, us a
condition of employment under the grant,
the employee will:
(1) Abide by the terms of the statement;
and
(2) Notify the employer in writing, of his
or her conviction for a violation of
criminal drug statute occurring in the
work-place not later than five calendar
days after such conviction;
(e) Notifying the agency, in writing, within ten
calendar days after receiving notice under
subparagraph (d)(2) fi.om an employee or
otherwise receiving actual notice of such
conviction. Employers of convicted
employees must provide notice, including
position title, to energy grant officer or
other designee on whose grant activity the
convicted employee was working, unless
the Federal agency has designated a central
point for the receipt of such notices. Notice
shall include the identification number(s) of
each affected grant;
(f) Taking one of the following actions, within
30 calendar days of receiving notice under
subparagraph (dX2), with respect to any
employee who is so convicted:
(1) Taking appropriate actions against such
an employee, up to and including
termination, consistent with the
requirements of the Rehabilitation Act
9f 1973, as amended; or
(2) Requiring such employee to participate
satisfactorily in a drug abuse assistance
or rehabilitation program approved for
such purposes by a Federal, State or
local health, law enforcement, or other
appropriate agency;
(g) Making a good faith effort to continue to
maintain a drug-fi.ce workplace through
implementation of paragraphs (a), (b), (c),
(d), (e), and (f).
(2) The grantee may insert in the space provided
below the site(s) for the performance of work
done in counection with the specific grant:
Place of Performance:
(Stxeet adckess, city, county, state, zip code)
Check if there are workplaces on file that are not
identified here.
AL TERNA TE H (GRANTEES WHO ARE
INDIVIDUALS)
(1) The grantee certifies that, as a condition of the
grant, he or she will not engage in the unlawful
manufacinre, distribution, dispensing,
possession, or use of a cun~olled substances in
conducting any actiwty with the grant.
Page 22 of 29
i2)
If convicted of a criminal drug offense
resulting from a violation occurring during
the conduct of any grant activity, he or she
will report the conviction, in writing, within
10 calendar days of the conviction, to every
grant officer or other designee, unless the
Federal agency designates a central point
for the receipt of such notices. When notice
is made to such a central point, it shall
include the identification number(s) of each
affected grant.
LOBBYING DISCLOSURE ACT OF 1995,
SIMPSON-CRAIG AMENDMENT
Applicant organization which are described in
section 501 (c)(4) of the Internal Revenue Code of
1986 and engage in lobbying activities after
December 31. 1995, shall not be eligible for the
receipt of Federal funds constiluting an award, grant,
or loan. Section 501(c)(4) of the Internal Revenue
Code of 1986 covers:
Civic leagues or organizations not
organized for profit but operated
exclusively for the promotion of social
welfare, or local associations of
employees, the membership of which is
limited to the employees of a designated
persons or person in a particular
municipality, and the net earning of which
are devoted exclusively to charitable,
educational, or recreational purposes.
As set forth in the Lobbying Disclosure Act of 1995
(Public Law 104-65. December 19, 1995). as
amended ["Snn:pson-Craig Amcndmcnk" see
Section 129 of Tbe Balanced Budget Downpayment
Act, I (Public Law 104-99, January 26, 1996)],
lobbying activities is defined broadly. (See section
3 of the Act.)
The undersigned certifies, to the best of his or her
knowledge and belief, that: it IS NOT an
organiT-~fion descnq:~ed in section 501 (cX4) of the
Internal Revenue Code of 1986: OR that it IS an
organization described in section 501 (c)(4) of the
Internal Revenue Code of 1986, which, after
December 31, 1995, HAS NOT engaged in any
lobbying activities as defined in the Lobbying
Disclosure Act of 1995, as amended.
As the duly authorized representative of the applicant, [ hereby certify that the applicant wtll comply with the
above certifications.
City of Corpus Christi
Name of Applicant
Pre/Award Number and/or Project Name
Geor~,e K. Noe, CiP,' Manae:er
Printed Name and Title of Authorized Representative
$igr~tur~)
Date
Page 23 of 29
ATTACHMENT F Contract No.
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this Corm to disclose lobbying activities pursuant to 31 U.$.C. 1352
1. Type of Federal Action: 2.
a. contract
b [:,n-ant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
4. Name and Address of Reporting Entity:
Name
Address
Status of Federal Action:
a. bid/offer/application
b. initial award
c. post award
5.
3. Report Type: __
a. initial filing
b. material change
For Material Change Only:
year __
quarter
date of last report
If Reporting Entity in No. 4 is Subawardee, Enter
Name and Address of Prime:
Prime Subawardee
Tier, if known:
Federal Department/Agency:
7. Federal Program Name/Description
8. Federal Action Number, If known:
CFDA Number, if applicable:
9 Award Amount, if known:
10.a. Name and Address of Lobbying Entity:
(if individual, last name, first name, MI):
10.b. Individual Performing Serv/ces (including address
if different from No. 10A) (laxt name, first name, MI):
(at~ach Continuation Sheet(s) SF-LLL-A, if neces, s. ary)
11. Amount of Payment (check all that apply):
actual
planned
12. Form of Payment (check all that apply):
a. cash
b. in-kind; specify: natm-e __
value
13. Type of Payment (check all that apply):
a. retainer
b one-time fee
c. commission
d. contingent fee
e. deferred
f. other; specify
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or Member(s) contacted, for Payment indicated in Item 11:
15. Continuation Sheet(s) SF-LLL-A attached:
16. Information requested through this form is authorized by title 31 USC
section 1352. This disclosure of lobbying activitie~ ts a material
representation of fact upon which reliance was placed by the tier above
when this Iransaction was made or entered into. This disclosure is
required pursuant to 31 U.S C. 1352. This information will be reported
to the C~nga~s semi-annual and will be available for public inspection
Any person who fails to file the required disclosure shall be subject to a
civil pentlty of not less than $10,000 and not more than $100,O00 for
each such failure
Yes No
Authorized Representative:
George K. Noe
Title:City Mana,~
Signature:
Telephone: 4'361 )880-3222
Date:
Page 24 of 29
ATTACI-IMENT G Contract
ASSURANCES - NON-CONSTRUCTION PROGRAMS
OMB Approval No. 0348-0040
Note Certain of these assurances may not be applicable to your project or program. If you have questions, please contact
the awarding agency. FuFdier, certain Federal awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal sh~re of project costs) to ensure proper planning, management
and completion of the project described in this application.
Will give the awarding agency, the Comptxoller, the United States, and ff appropriate, the State, through any
authorized representanve, access to and the right to examine all records, books, papers, or documents related to
the award; and will establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or orguntzafional COlifiict of interest, or personal gain.
4. Will imtiate and complete the work within the applicable time flame after receipt of approval of the awarding
agency.
Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 47284.763) relating to prescribed
standards for merit systerm for programs Funded under one of the nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of Personnel Aclmimslration (5 C.F.R 900, Subpart F).
Will comply with all Federal statutes relating to nondiscrirnmatiun. These include but are not limited to: (a) Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or
national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and
1685-1686), which prokibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age
Discrirrunatiun Act of 1975. as amended (42 U.S.C. § § 6101-6107), which prohibits discrimination on the basis of
age; (e) the Dmg Abuse Office and Trealrnent Act of 1972 (P.L. 92-255), as amended, relating t*
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 rd-3
and 290 ce-3), a~ amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of
the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other nondiscrimination provisions/n the specific statute(s) under which
application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s)
which may apply to the application.
Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable
txeatament of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.
These requkements apply to ali interests in real properly acquired for project purposes regardless of Federal
participation in purchases.
Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the
political activities of employees whose principal employment acfivihes are funded in whole or in part with Federal
Page 25 of 29
9
Will comply, as applicable, vath the provisions of the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. ~§ 874), and the Contract Work Hours and Safety Standards Act
(40 U.S.C. §§ 327-333), regarding labor standards for federally assisted constxuchun sub-agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93- 234) which requires recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable constxucfion and acquisition is $10,000 or
11. Will comply w/th envirom-nental standards which may be prescribed pursuant to the following: (a) institution of
enviromnental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of flood hazards m flood plains in accordance with EO 11988; (e)
assurance of project consistency with the approved State management program developed under the Coastal Zone
Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air)
Implementation Plans under Section 176(c) of the Clear Ah- Act of 1955, as amended (42 U.S.C. § 7401 et seq.);
(g) protection of underground sources of drmlcmg water under the Safe Drinking Water Act of 1974, as amended,
(P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended,
(P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of I974 (16 U.S.C. 469 a-I et seq.)
14. Will comply wilh P.L. 93-348 regardmg the protection of human subjects involved in research, development., and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.)
pertaining to the care, handling, and treatment of warm blooded aurmals held for research, teaching, or other
activities supported by this award of assistance.
16. Will con,ply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the
use of lead based paint in cons{auction or rehabilitation of residence structares.
17. Will cause to be performed the required £mancial and compliance audits in accordance with the Single Audit Act
of 1984.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies
governing this program.
Signa horized
Certifying Official
City Mana,:,er
Title
Citw of Corpus Christi
Applicant Organization
Date Submitted
Page 26 of 29
ATTACHMENT Il Contract No.
Intellectual Property Provisions
AUTHORIZATION AND CONSENT (41 CFR 9-9.102-1)
The Govenm~nt hereby gives its authorization and consent (without prejudice to any rights of indemnification) for all use
and manufacture, in the performance of this grant or any part hereof or any amendment hereto or any subcontract hereunder
(including all lower-tier subcontracts hereunder), of any invention described in and covered by a patent of the United States.
(a) embodied in the structure or composition of any article, the delivery of which is accepted by the Government
under this grant, or
(b) utilized in the machinery, tools, or methods, the use of which necessarily results from compliance by the Grantee
or the using subcontractor with
(i) specifications or written provisions now or hereafter formmg a part of this grant, or
(ii) specific written instructions given by the Contracting Officer directing the manner of performance.
The entire liability to the Government for mfi-ingement of a patent of the United States shall be determined solely by the
provisions of the indemmty clauses, if any, included in this grant or any subcontract hereunder (including all lower-tier
subcontracts hereunder), and the Government assumes liability for all other infringement to the extent of the authortzatiun
and consent herein above granted.
PATENT INDEMNITY (41 CFR 9-9_103-1)
If the amount of this contract is in excess of $10,000 the contractor shall indemnify the Government and its officers, agents,
and employees agamst liabihty, including costs, for infringement of any United States letters patent (except U.S. letters
patent issued upon an application which is now or may hereafter be kept secret or otherwise withheld fi.om issue by order of
the Government) arising out of the manufacture or delivery of supplies or out of constxuction, alteration, modification, or
repair of real property (hereinafter referred to as "construction work") under this contract, or out of the use or disposal by or
for the account of the Government of such supplies or construction work. The foregoing indemnity shall not apply unless
the contractor shall have been informed as soon as practicable by the Government of the suit or action alleging such
infringement, and shall have been given such opportunity as is afforded by appl/cable laws, roles, or regulations to
participate in the defense thereof; and farther, such indemnity shall not apply to: (a) an infringement resulting fi.om
compliance with specific written instructions of the Cont]'actmg Officer directing a change m the supplies to be delivered or
in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the
contractor; (b) an infiSngement resulting from addition to or change in, such supplies or components furnished or
construction work performed wkich addition or change was omde subsequent to delivery or performance by the contractor;
or (c) a claimed infringement which is settled without the consent of the contractor, unless required by final decree of a
court of competent jurischction.
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (41 CFR 9-9.104(b))
The provisions of this clause shall be applicable only if the amount of this grant exceeds $10,000.
(a)
The Grantee shall report to the Contracting Officer, promptly and in reasonable written detail, each notice of
claim of patent or copyright infringement based on the performance of this grant of which the Grantee has
knowledge.
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright
infih_ngement arising out o[the performance of this g~ant or out of the use of any supphes furnished or work or
services performed hereunder, the Grantee shah furnish to the Government, when requested by the Contracting
Officer, all evidence and information in possession of the Grantee pertaining to such suit or claim. Such
evidence and information shall be furmshed at the expense of the Government except where the Grantee has
agreed to indemmfy the Goverrunent.
Page 27 of 29
(c) This clause shall be included in all contxacts and subgrants under this grant.
REPORTING OF ROYALTIES (41 CFR 9-9.110)
If this grant is in an amount which exceeds $10,000 and if any royalty payments are directly involved in the grant or are
reflected in the grant price to the Government, the Grantee agrees to report in writing to the Patent Counsel (with
notification by Patent Counsel to the Contracting Officer) during the performance of this grant and prior to its completion of
~'mal settlement the amount of any royalties or other payments paid or to be paid by it directly to others in connection with
the performance of this grant together with the names and addresses of liceusers to whom such payments are made and
either the patent numbers involved or such other information as will permit the identification of the patents or other basis on
which the royalties are to be paid. The approval of DOE of any individual payments or royalties shall not stop the
Government at any time Rom contesting the enforceability, validity or scope of. or title to, any patent under which a royalty
or payments are made,
RIGHTS IN TECHNICAL DATA (SHORT FORM)
(a) Defmitmns. The definitions of terrrm set forth hq DEAR 927.401 apply to the extent these terms are used herein.
(b) Allocatmn of Rights.
(1) The Government shall have:
(i) Unlimited fights m technical data fa-st produced or specifically used m the performance of this grant;
(ii)
The fight of the Contracting Officer or his representatives to inspect, at all reasonable times up to three
years after t-real payment under this grant, all technical data first produced or specifically used in the grant
(for which inspection the Grantee or its con,actor or subgrantee shall afford proper facilities to DOE);
and
(iii)
The fight to have any techifical data first produced or specifically used m the performance of this grant
delivered to the Government as the Contracting Officer may from time-to-time direct during the progress
of the work, or in any event as the Contxacting Officer shall direct upon completion or terminahon of this
grant.
(2) The Grantee shall have:
The right to use for its private purposes, subject to patent, security or other provisions of this grant, technical
data it first produces in the performance of this grant provided the date requkements of this grant have been
met as of the date of the private use of such data. The Grantee agrees that to the extent it receives or is given
access to proprietary data or other techrdcal, business or £mancial data in the form of recorded information
from DOE or a DOE contractor or subcontractor, the Grantee shall treat such data in accordance with any
restr/ctive legend contained thereon, unless use is specially authorized by prior written approval of the
Contracting Officer.
(c) Co~vri~.hted Material.
(1) The Grantee agrees to, and does hereby grant to the Govemrr~nt, and to others acting on its behalf:
(i)
A royalty-fi-ee, nonexclusive, u-revocable, worldwide hcense for Governmental purposes to reproduce,
disafbute, display, and perform all copyrighted material first produced or composed in the performance of
this grant by the Grantee, its employees or any individual or concern specifically employed or assigned to
originate and prepare such nutterial and to prepare derivative works based thereon; and
(h)
A license as aforesaid under any and all copyrighted or copyrighted work not first produced or composed
by the Grantee in the performance of this grant but which is incorporated in the material furnished under
the grant, provided that such license shall be only to the extent the Grantee now has, or prior to
Page 28 of 29
completion or close-out of the grant, may acquire the fight to grant such license without becoming hable
to pay compensation to others solely because of such grant
(2)
The Grantee agrees that it will not knowingly include any material copyrighted by others in any written or
copyrighted material furmshed or delivered under this grant without a license as provided for in subparagraph
(c) (1) (ii) of this section, or without the consent of the copyright owner, unless it obtains specific written
approval oi'the Contracting Officer for the inclusion of such copyrighted material.
RIGHTS TO PROPOSAL DATA (TECHNICAL) (48 CFR 52.227-23)
It is agreed that as a condinon of award of this grant or modification and notwithstanding the conditions of any notice
appearing on the proposal(s), the Goverrm~ent shall have the right to use, duplicate, and disclose and have others to do so
for any purpose whatsoever, the tectmical data contained in the proposal(s) upon which the grant or modification is based.
City of Corpus Christi
Organization Name
George K. Noe, City Manaoer
Name an~/~itle of Authorized Representative
Date
Page 29 of 29